Director of Public Prosecutions v Sandro Terzini
[2016] VCC 2049
•23 December 2016
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
CR 15-01326
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SANDRO TERZINI |
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JUDGE: | HER HONOUR JUDGE LEWITAN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 19 December 2016 | |
DATE OF SENTENCE: | 23 December 2016 | |
CASE MAY BE CITED AS: | DPP v Sandro Terzini | |
MEDIUM NEUTRAL CITATION: | [2016] VCC 2049 | |
REASONS FOR SENTENCE
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Subject: Theft; Obtaining financial advantage by deception.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr M. Fisher | John Cain Solicitor for Public Prosecutions |
| For the Accused | Mr S. Langslow | DSA Lawyers & Consultants |
HER HONOUR:
1
You, Sandro Terzini, have been convicted, after trial, of one charge of theft and three charges of obtaining financial advantage by deception. Pursuant to
Part 2B of the Sentencing Act 1991, each of Charges 1, 2, 3 and 4 is a continuing criminal enterprise offence and accordingly you are a continuing criminal enterprise offender in relation to each of the continuing criminal enterprise offences. The maximum penalty for each of Charges 1, 2, 3 and 4 is 20 years’ imprisonment.
Charge 1
2 At the time of the offending you were the director of a business you owned called Terzini Motore Aust Pty Ltd. The business was responsible for the restoration and repair of vintage cars and it operated from Clairmont Avenue, Bentleigh. You have been involved in the motor car industry for many years.
3 Michael Kudelka was the owner and director of a company known as The Pacrim Esp Pty Ltd. He had been a close friend of yours for about 20 years.
4 For many years, Mr Kudelka has acquired and owned vintage vehicles. In December 2007, Mr Kudelka moved overseas for work. Since 2007 he stored some of his vintage vehicles at your workshop at Bay Street, Brighton.[1]
[1] Transcript p.1123.
5 One of the cars that he stored was a silver 1960 Ferrari 250PF Coupe Chassis No. 1677 GT (the Ferrari).
6 Mr Kudelka had purchased the Ferrari (which was unregistered) on behalf of the company, The Pacrim Esp Proprietary Limited on 8 September 1997. The car was sold by Jeff Dutton. Mr Dutton was a licensed motor car trader specialising in vintage and exotic cars from the business, Duttons in Richmond.
7 On 21 July 1998, Mr Kudelka registered the Ferrari with the registration number KUD 222 and insured it with Shannons Insurance. The Ferrari remains insured with Shannons.
8 On 1 July 2013, you sold the Ferrari to George Nakas for $465,000 which was recorded on an invoice from Terzini Motore Aust Pty Ltd to Melbourne Prestige.[2] Melbourne Prestige paid you $10,000 commission for the sale.[3] At that time, the owner of the Ferrari was The Pacrim Esp Pty Ltd. You did not have the authority of the owner, Mr Kudelka, to sell the Ferrari.
[2] Exhibit G.
[3] Exhibit H.
9 At the time you sold the Ferrari to George Nakas, Mr Kudelka was overseas and he was completely unaware of the transaction. Mr Nakas bought the Ferrari in the belief that you were representing Mr Kudelka and that you had the authority to sell it.[4]
[4] Transcript p 937.
10 On 4 July 2013 Mr Nakas registered the Ferrari number HGT 250. A short time later, the Ferrari was placed on display in the showroom of Melbourne Prestige and offered for sale. On 24 July 2013 the Ferrari was purchased by Gregory LaManna for $550,000. On 30 May 2014, Dutton Garage Wholesale purchased the Ferrari from LaManna for $875,000. It was then placed into the showroom once again.
11 In June 2014, Mr Kudelka commenced discussions about the Ferrari with DK Engineering, a prestige Ferrari motor car dealer in the United Kingdom. At that stage he was unaware that you had sold the Ferrari . As part of those discussions DK Engineering requested a photograph of the “numero interno” which is a number on the bottom of the engine near the gearbox. Mr Kudelka contacted you on many occasions seeking the photograph.
12 You told him that you wanted the car to stay in Australia because all the good cars were going overseas. You said that you would be able to find a purchaser for the car.[5] In July 2014 you told Mr Kudelka that you had a purchaser for the Ferrari in Australia for the sum of $1.81m. You told Mr Kudelka that you had accepted a holding deposit of $275,000 from the purchaser. Mr Kudelka had daily discussions with you about this money and you made several excuses about why you could not transfer the money to him. You made six payments totalling $109,000 into Mr Kudelka’s account.
[5] Transcript p 59.
13 Mr Kudelka returned to Australia in September 2014. He then discovered that the Ferrari had been sold in July 2013 (14 months earlier). On 15 September 2014, Mr Kudelka went to the police and reported the Ferrari as stolen.
14 At the time of the police investigation, the Ferrari was still in the possession of George Nakas. He refused to give it to the police.
15 On 8 October 2014, you went to the Bayside Police Station with a prepared written statement. You participated in a formal interview during which you read your prepared statement and also signed and dated it. When questioned by the police, you admitted that you had sold the Ferrari on 1 July 2013 for which you received $465,000 (the sale price) and $10,000 commission. You said that you acted on behalf of Mr Kudelka and with his knowledge.
16 In your written statement, you said that you told Mr Kudelka that some of the money would be used to assist with the purchase of your property in Dromana. You said that Mr Kudelka made no complaint about this proposal, nor did he request that any of the moneys be transferred to him.[6]
[6] Exhibit W.
Charges 2, 3 and 4
17
On 2 July 2013, you obtained a financial advantage - namely a credit of $200,000 to Westpac Banking Corporation account number 266 493 from Dutton Garage Wholesale Pty Ltd (the owners of the business name Melbourne Prestige) by deception by falsely representing that you were authorised by
Mr Kudelka to sell the Ferrari on behalf of The Pacrim Esp Pty Ltd (Charge 2).
18 On 3 July 2013, you obtained a financial advantage namely a credit of $132,500 to Westpac Banking Corporation account number 266 493 from Dutton Garage Wholesale Pty Ltd (the owners of the business name Melbourne Prestige) by deception by falsely representing that you were authorised by Mr Kudelka to sell the Ferrari on behalf of The Pacrim Esp Pty Ltd (Charge 3).
19 On 5 July 2013 you obtained a financial advantage namely a credit of $132,500 to Westpac Banking Corporation account number 266 493 from Dutton Garage Wholesale Pty Ltd (the owners of the business name Melbourne Prestige) by deception by falsely representing that you were authorised by Mr Kudelka to sell the Ferrari on behalf of The Pacrim Esp Pty Ltd (Charge 4).
20 Account Number 266 493 is the business overdraft account of Terzini Motore Aust. Pty Ltd with the Westpac Banking Corporation[7].
[7] Exhibit Y.
21 On 4 July 2013, the sum of $200,000 was withdrawn from that account being “withdrawal – Internet Online Banking Funds Transfer”. You withdrew that money and put it into your personal account.[8] “That money “went across to the people selling a farm [on the Mornington Peninsula] to [you]”.[9] On 4 July 2013, a further sum of $50,000 was withdrawn from that account being “Internet Online Banking Payment Repay Awave 4 Jul”.
[8] Transcript p 1215.
[9] Transcript p 1216.
22 On 4 July 2013 a further sum of $65,000 was withdrawn being “internet online banking 1879349 funds tfr”.
23 On 5 July 2013, the sum of $132,500 was deposited into that account being "Deposit Melbourne Presti Bal GT250".[10]
[10] Exhibit Y p 303.
24 On 10 July 2013, the sum of $132,500 was withdrawn from that account being “Withdrawal – Internet Online Banking 1623609 funds tfr 10 Jul”. On 10 July 2013, the sum of $10,000 was withdrawn from that account being “Withdrawal - Internet online Banking 164747 Funds tfr”.[11]
[11] Exhibit Y p 304.
25 A restraining order was made in relation to your farm at Dromana (the Dromana property) on 4 August 2015 on the basis that the property was tainted as the funds from the sale of the Ferrari were used to partly purchase the farm. That order was varied on 14 September 2015 to allow for the sale of the Dromana property. Settlement of the sale of the Dromana property took place in October 2015. It was sold for $2m.
26 The Asset Confiscation Unit attached to the Crown received $830,092.40 in November 2015. $415,934.15 was paid to your former wife. The remaining funds of $415,000 were automatically forfeited upon your conviction. Section 5(2A)(e) of the Sentencing Act 1991 provides that in sentencing an offender a court must not have regard to any property forfeited under automatic forfeiture.
27 The facts in this case are very serious. The aggravating aspects include a significant breach of trust. You had a long-standing friendship with Mr Kudelka. You also assisted Mr Kudelka with his cars in different capacities and enjoyed a business relationship. Mr Kudelka was out of the jurisdiction for significant periods from July 2013 to September 2014. During that period of time, you indicated to Mr Kudelka that the car was still in your possession and you did not indicate to him that the car had been sold in July 2013.
28 In a victim impact statement dated 28 November 2016, Mr Kudelka said that he has suffered a financial loss and that your crime has caused him significant stress and worry both before the trial and during his lengthy time in court. The crime occurred during his wife’s pregnancy and caused him financial hardship stress and uncertainty.
29 Your counsel submitted that the victim impact statement contains a very large unsubstantiated claim for legal costs and loss on the vehicle. The defence does not accept the losses which were claimed and understands that the Ferrari was returned to Mr Kudelka prior to the date of the victim impact statement. The defence referred to the evidence given by Mr Nakas at the trial that when he agreed to purchase the Ferrari for $465,000, “it was a world record price for a PF back then when I bought the car.”[12] Mr Kudelka has made no claim for compensation. Aside from the quantification of his financial loss, I accept that there was considerable suffering on the part of Mr Kudelka as a result of your actions.
[12] Transcript p 938.
30 As has been pointed out by your counsel, there are however some mitigating factors. Although the recorded conversations between you and Mr Kudelka show a degree of sorrow and remorse, you pleaded not guilty to the charges and have not otherwise indicated any remorse for your conduct.
31 I have been told something of your personal history and your circumstances. You were born on 28 April 1969 and are 47 years old. Your father is a retired painter and decorator and 78 years old. Your mother is a retired machinist and 71 years old. You have one older sister. You describe your childhood as strict but fair, supported by a large extended family and frequent family gatherings filled with stories and laughter.
32
You suffered from hearing problems which were not diagnosed until you were four years old. Your hearing problems required three operations with the last operation being at the Royal Children’s Hospital when you were ten years old. You attended St Paul’s Primary School in Bentleigh for your junior schooling and then St James Secondary College in Bentleigh where you completed
Year 10. You struggled with learning partly as a result of your hearing problems. A careers counsellor identified that you were good with your hands and suggested that you attend a technical school. You attended Moorabbin Technical College and completed Year 11.
33 You played soccer from the ages of 11 to 18. You were selected for the Victorian Under-18 team. You were heavily involved with Tae Kwon Do and won the Victorian and Australian Championship in 1985 and 1986. You were selected for the Australian team for the Seoul Olympics but could not attend because you sustained a severe hamstring injury.
34 You gave up soccer after you started your apprenticeship with Kilpa Motors because you could not get to training on time. You qualified as a Honda mechanic in 1995. You finished your apprenticeship and left that company at the end of 1995.
35 You loved cars and all things mechanical. You bought your first car from your uncle when you were 16 years old and restored it using all the pocket money you earned from part-time jobs.
36 You worked on Italian cars between 1990 and 1992 at Auto Strada (between February 1990 to February 1993), at Ideal Mechanical Repairs (between February 1993 to April 1994) and then at Robert Lane Motors. In 1994, you travelled around Australia with a friend. You took a job as a technician with Pacific Highway in Cairns where you stayed for four months.
37 You commenced work with Joe Viola at Il Cavallino in Richmond in 1995. Joe Viola specialised in Ferrari, Lamborghini and Maserati cars.
38 You met Josephine when you were 20 years old and went out with her for six years before you were married in 1996 when you were 27 years old. Your first child Dean was born in 1999 and your second son Michael was born in 2000. You purchased your first house in East Bentleigh and lived there for about seven years.
39 Joe Viola, his new wife and his ten-year-old son were killed in a car accident in December 1996. He was survived by his younger son and first wife Elvie. You kept working at Joe Viola’s workshop and finished all the work for Viola’s business.
40 After Joe Viola’s death, many of his customers encouraged you to start your own business and you commenced operations under Terzini Motore Pty Ltd operating from Palmer Street, Richmond. The business became very successful and Terzini Motore became one of the leading mechanical workshops for Italian exotic cars.
41 Your son Dean was diagnosed with Tubular Sclerosis Complex when he was six weeks old. His condition is an extremely rare type of worm-like tumour which grows in the brain and other organs. He had tumours in his brain, heart and kidneys. He has had one operation to remove the tumours from his brain. He suffers from epilepsy. It is a lifelong illness and requires constant medical attention and monitoring. Dean is a special needs child and has a severe learning disability.
42 Your relationship with your former wife started to deteriorate because of the pressures you and your wife experienced in having to deal with your son’s illness. You have been a nurturing father to your children and sought to have Dean by your side whenever he was not at school.
43 The purchase of the Dromana property in mid-2012 has been a catalyst for much of your financial woes. You agreed to pay $2m for the Dromana property but when it came time to have the property valued, the valuation was for only $1.5m. The shortfall of $500,000 in the valuation meant that you had to use trade creditors and other resources to bridge the gap. In particular, you allowed Terzini Motore’s tax liabilities to get out of control. The proceeds of the sale of Mr Kudelka’s car were partially used to bridge the funding gap in respect of the Dromana property.
44 The purchase of the Dromana property was the final straw in the demise of your marriage. Your wife never wanted to move to Dromana because she was more comfortable in Mount Eliza where she had a close circle of friends. There were numerous arguments because of the financial pressures and your former wife’s feeling of isolation. You left the family home around early to mid-2015. The relationship was irreparable. Your wife issued Family Court proceedings for divorce and the divorce was granted in August 2016.
45 Your business collapsed as a result of word getting out about the charges in relation to the Ferrari. Initially customers came to collect their cars and others, including Mr Kaverlis, made complaints to police that they had been defrauded. The charges the subject of the Kaverlis complaint were not proven.
46 Long-standing trade creditors of the Terzini Motore business started to chase payment and in some instances demanded immediate payment or cash on delivery. The work dried up and people withdrew support for you.
47 This was compounded by a joint venture into a Chapel Street café and showroom which opened in January 2014. A supporting wall fell down that had to be repaired. Your partner left the joint venture and you were left with the lease repayments.
48 In 2014, you and Frank Marinelli agreed to set up a paint shop. You funded the purchase of a baking oven however complaints were made to Council about the operation of the oven and the business was temporarily shut down and then relocated. Mr Marinelli retained the baking oven and you were left with the lease payments on the former factory. The compounding of these financial problems resulted in a liquidator being appointed to Terzini Motore on the petition of the Australian Taxation Office.
49
You said that your wife feels ashamed of you and will not cooperate in letting you see the children. You have not seen your children since September this year and you had only seen your children on five occasions in the preceding
16 months.
50 You are now subject to an intervention order restricting you from seeing your children. As you have been in custody for the last 38 days, you have not been able to attend court to contest the extension of the intervention order against you. You are very concerned for your son Dean because of his considerable health problems.
51
The offending occurred in July 2013. Mr Kudelka reported the theft in September 2014. The record of interview was on 7 October 2014. You were charged in January 2015. The matter was listed for a filing hearing in February 2015. There were committal mentions in April and May 2015. A committal was listed on 3 August 2015 and the matter proceeded by way of straight hand-up brief. A plea of not guilty was entered. There were various funding mentions in the early part of 2016. The trial proceeded between 1 August and
12 September 2016. Your bail was revoked on 11 November 2016.
52 Your counsel submitted that previously you had a substantial business and reasonably substantial assets. As a result of what has occurred you have nothing left. You will have to start again from scratch. As a result of your skill as a motor mechanic, you have an ability to obtain employment.
53 You have no prior convictions. I sentence you as a person of previous good character.
54 A report by Tim Watson-Munro has been tendered on your behalf[13]. In his opinion,
"Although Mr Terzini does not suffer any major psychiatric disturbance, it is clear that he is a vulnerable and somewhat malleable individual, who is experiencing escalating depression and anxiety. Compounding the clinical picture, he also suffered a dependence on cocaine, which commenced in about 2012. At his peak he was using upwards of a gram per day with this in turn impacting upon his judgment but not to the point where he experienced psychotic breaks. He acknowledged severe rebound depression when withdrawing, which in turn fuelled the habit. All drug use has now ceased."
[13] Exhibit 1.
55 In this case your counsel did not seek to rely on the principles set out in R v Verdins.[14]
[14] (2007) 16 VR 269.
56
I take into account, too, the other material that has been put before me. I refer to the reference dated 5 December 2016 by Steven Peter Drake (SPD Group Aust Pty Ltd)[15], a reference dated 23 September 2016 by David C. Jones[16], a reference by Andrew Lindsay Fox dated 2 December 2016[17], a reference by
Dr George J. Luk dated 28 November 2016[18] and the statement by your parents Luciano and Iolanda Terzini dated 16 December 2016[19]. Your parents attended court to support you.
[15] Exhibit 2.
[16] Exhibit 3.
[17] Exhibit 4.
[18] Exhibit 5.
[19] Exhibit 6.
57 I have been informed of certain subsequent charges involving a sale of another car and the theft of an engine and gear box. One of the matters is listed for a contested committal in February 2017.
58 I accept that prior to this matter your general reputation within the community was good. You carried out charitable work by taking children from the Royal Children’s Hospital on Ferrari car runs and also provided your services to your son’s primary school.
59 I am, on balance, satisfied that the chances of your rehabilitation are reasonable.
60 However, as well as those matters personal to you to which I have referred, including your prospects of rehabilitation, I must also take into account such matters as deterrence, especially general deterrence, which is of considerable importance in a case such as this. I must also consider the question of the protection of members of the community from you and bear in mind the likelihood of your reoffending. I am called upon by the Sentencing Act to manifest the community's denunciation of your conduct and generally to impose a just punishment.
Submissions on sentence
61 Your counsel submitted that each of the four charges arise from the one transaction - that is, the sale of the Ferrari motor car to George Nakas and that total concurrency is appropriate.
62 The prosecution conceded that Charges 2, 3 and 4, obtain property by deception, arise from the same actions but submitted that this is not a case where there should be total concurrency. The theft was confined to dealing with the car without authority. There is a separate victim in relation to the financial aspect of those crimes. That part of the offending is separate and warrants some punishment.
63 I accept the prosecution’s submission that this is not a case where there should be total concurrency. The victim of the crime the subject of Charge 1 is different from the victim the subject of Charges 2, 3 and 4. Accordingly some degree of cumulation is appropriate.
64 Your counsel referred to the chronology referred to by the prosecution[20] and submitted that this shows that the proceeding itself is a factor which is capable of creating a great deal of strain and pressure on you especially because you are a first offender.
[20] See above paragraph
65 Your counsel submitted that when this event occurred, you were undergoing a good deal of business and personal stress and during that time, you had a depressive condition and foolishly sought to self-medicate by taking cocaine.
66 Your counsel submitted that you have complied with bail conditions which enables the court to have confidence in your willingness and capacity to comply with conditions if released into the community.
67 Your counsel submitted that having regard to all the circumstances of your offending, the history of your relationship with Mr Kudelka, your personal circumstances including the growth and the demise of your business and your career, the loss of your marriage and your reputation, the damage to your own sense of self-worth and self-confidence, the damage to your personal relationship with your family and friends and to your depressive condition, the appropriate sentencing disposition is that you not be sentenced to any further term of imprisonment but that you be dealt with by way of a community correction order.
68 He referred to paragraphs 115 to 156 in DPP v Boulton[21] and submitted that in this case all the objectives of the sentencing process and the means for punishment can be properly dealt with by an order for a community correction order. Your counsel submitted that there is little need for specific deterrence and that general deterrence has limited value.
[21] [2014] VSCA 342.
69 According to the Court of Appeal’s Community Correction Orders: Guidelines for Sentencing Courts[22]:
[22]Boulton [2014] VSCA 342, Appendix 1.
"(3), in determining whether to sentence an offender to a CCO, the court should first assess the objective gravity and nature of the offence and the moral culpability of the offender.
"(4), the court should then consider whether:
(a)The crime as so assessed is so serious that nothing short of a sentence wholly comprised of an immediate term of imprisonment will suffice to satisfy the requirements of just punishment; or
(b)a CCO, either alone or in conjunction with a sentence of imprisonment, would satisfy the requirements of just punishment."
70 In Boulton, the Court of Appeal referred to s.5(4C) of the Sentencing Act 1991 which provides:
"A court must not impose a sentence that involves confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a community correction order to which one or more of the conditions referred to in ss.48F, 48G, 48H, 48I and 48J are attached."
71 The prosecutor submitted that you have been convicted of a theft that involves a significant amount of money, namely $465,000. The breach of trust continued until September 2014 and the lies which you told are relevant to your moral culpability.
72 The defence submitted that time served, 38 days, is sufficient in terms of a term of imprisonment and that this matter should be dealt with by way of a community correction order. The prosecution was in a position to say that that disposition would be inappropriate in all the circumstances of this case. There is a breach of trust. You have pleaded not guilty and ran a trial and you maintained the dishonesty or the deception for a significant period of time with your long-standing friend, Mr Kudelka. He submitted that you should serve a further period of time in custody but conceded that a combined sentence involving imprisonment and a community correction order would be appropriate in all the circumstances of the case.
73 In my view, this is serious offending. It involves a significant amount of money and the theft and obtain financial advantage by deception charges are serious charges. I have considered s.5(4C) of the Sentencing Act 1991.
74 Having considered the submissions made by counsel and given the matter a great deal of thought and notwithstanding the matters advanced in mitigation, a term of actual imprisonment is required and the purpose or purposes for which the sentence is imposed cannot be achieved by a sentence of imprisonment equivalent to time served and the imposition of a community correction order to which one or more of the conditions referred to in ss.48F to J are attached.
75 In my judgment, the imposition of a community correction order would not give sufficient effect to the principles of general and specific deterrence, the community’s denunciation of your conduct and the need to impose a just punishment.
76 As you know, I have sought and received a pre-sentence report in this matter. That report indicates that you are considered a suitable candidate for a community correction order. I am only able to make such an order if you consent to my taking such a course. So that you are in a position to make an informed decision in the matter, I should tell you something about the course I propose.
77 First, the length of the order will be 12 months. Every community correction order, including the one I propose in this case, contains certain core conditions. They are:
1You must not commit another offence punishable by imprisonment during the period of the order.
2.You must comply with any obligation or requirement prescribed by the regulations.
3.You must report to, or receive visits from, the Secretary during the period of the order.
4You must report to the Moorabbin Community Correction Service within two working days after you are released from custody.
5.You must notify the Secretary of any change of address or employment within two clear working days after the change.
6.You must not leave Victoria except with the permission of the Secretary.
7.You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that you comply with the order.
78 The conditions that apply in addition to the mandatory terms are:
1.You must perform 100 hours of unpaid work over a period of 12 months as directed by the regional manager.
2.You must be under the supervision of a community corrections officer for a period of 12 months.
3.You must undergo assessment and treatment (including testing) for drug abuse or dependency as directed by the regional manager
4.You must undergo assessment and treatment (including testing) for alcohol abuse or dependency as directed by the regional manager
3.You must undergo mental health assessment and treatment including (but not limited to) mental health, psychological, neuropsychological and psychiatric in a hospital or residential facility as directed by the regional manager.
4.You must undergo programs consistent with the purpose of treatment and rehabilitation which may include but is not limited to employment, educational, cultural and personal development programs as directed by the regional manager.
5.You must realize that if you breach the order you should expect to be brought back to court and dealt with for such breach. You should expect to be imprisoned, perhaps be fined and perhaps other sorts of orders would be made if that occurs.
79 Do you consent to the making of a community correction order containing the terms I have outlined?
80 OFFENDER: Yes, I do.
81 HER HONOUR: I propose to record convictions on all charges and sentence you as follows:
82 On Charge 1, to a term of imprisonment of 16 months.
83 On Charge 2, to a term of imprisonment of nine months.
84 On Charge 3, to a term of imprisonment of four months.
85 On Charge 4, to a term of imprisonment of four months.
86 The base sentence is the sentence imposed on Charge 1. I direct that two months of the sentence imposed on Charge 2, and one month of each of the sentences imposed on Charges 3 and 4 be served cumulatively on each other and on the sentence imposed on Charge 1. That results in a total effective sentence of 20 months. On Charges 1, 2, 3 and 4, I will also impose a community correction order that commences upon your release from custody for a period of 12 months.
87 I make an order pursuant to s.464ZF that you provide a sample of your saliva. I am required by law to say to you that those charged with taking that sample are authorised to use such force as may be necessary to effect the taking of the sample.
88 I declare that you have served - how many days?
89 COUNSEL: Forty, I believe.
90 MR LANGSLOW: (Indistinct words.) It was 38 - - -
91 HER HONOUR: Thirty-eight on Monday.
92 MR LANGSLOW: Yes.
93 HER HONOUR: Including Monday or not including Monday?
94 MR LANGSLOW: Not including Monday, I think.
95 HER HONOUR: So how many - - -
96 COUNSEL: My calculation is 42 days, not including today, Your Honour.
97
HER HONOUR: Forty-two days. Forty-two days, do you agree with that,
mister - - - -
98 MR LANGSLOW: I think that sounds right. Yes..
99 HER HONOUR: Yes. I declare that you have served forty-two days by way of pre-sentence detention in relation to this sentence and direct that declaration to be recorded in the records of the court. Can I have the community corrections order please? Do you want to approach your client, Mr Langslow?
100 MR LANGSLOW: Yes, Your Honour. Thank you.
101 HER HONOUR: Thank you. Lastly, I direct that the fact that you were sentenced for a continuing criminal enterprise offence in relation to each of Charges 1, 2, 3 and 4 be entered in the records of the court.
102 I will hand the s.464ZF orders to you and the community corrections order. Are there any further matters?
103 MR LANGSLOW: Your Honour, it was not clear to me and I may be saying it regularly (indistinct) here but is there a minimum term?
104 HER HONOUR: No, there is not.
105 MR LANGSLOW: Thank you. Is that because - perhaps I could ask this, is that because of the operation of the statute or the combined sentence and a CCO?
106 HER HONOUR: It is - - -
107 MR LANGSLOW: Yes. So it does not mean - it is a minimum term of non-parole period was never said, is that the situation?
108 HER HONOUR: That is the sentence I have imposed after consideration of all the factors.
109 MR LANGSLOW: As Your Honour pleases.
110 HER HONOUR: Yes, thank you. Yes, could you please take Mr Terzini into custody? I will leave the Bench.
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