Director of Public Prosecutions v Saracevic

[2016] VCC 484

IN THE COUNTY COURT OF VICTORIA Revised
(Not) Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR-15-01942

DIRECTOR OF PUBLIC PROSECUTIONS

v

BEMIR SARACEVIC

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JUDGE:	HIS HONOUR JUDGE LACAVA
WHERE HELD:	Melbourne
DATE OF HEARING:	Trial 15 February 2016.  Plea 3 March 2016.
DATE OF SENTENCE:	22 April 2016
CASE MAY BE CITED AS:	DPP v Saracevic
MEDIUM NEUTRAL CITATION:	[2016] VCC 484

REASONS FOR SENTENCE
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Subject:  Blackmail.  Recklessly causing injury.
Sentence:  Four years four months' imprisonment.
  Non-parole three years.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms D. Piekusis
For the Offender	Mr T. Burns

HIS HONOUR: 

1Bemir Saracevic, after a trial lasting four days between the 15 and 18 February 2016, you were convicted of one charge of blackmail contained in Indictment C1309287C.1.  This offending occurred between 13 July 2013 and 1 August 2013, when you made unwarranted demands with menaces upon Lance Pinder.

2After the jury's verdict you were remanded in custody for plea and sentence.

3You had earlier pleaded guilty to three (3) charges in another Indictment C1309287F.  The first of those charges is another charge of blackmail and involved making unwarranted demands with menaces to Keith Tribe.  That offending occurred over a course of one month between 27 August 2013 and 27 September 2013.

4The other two charges on Indictment C1309287F are that of recklessly causing injury to each of two persons, namely, David Fehily and his son Shaun Fehily.  Those charges relate to a quite separate incident that occurred on 20 July 2013 and are unrelated to either of the blackmail charges.

5Indictment C1309287D.1 contains a further charge of possession of an unregistered general category handgun, namely, a semi-automatic pistol.  You also pleaded guilty to this charge when arraigned on 3 March 2016, the weapon having been found in your possession when you were arrested on 1 October 2013.

6In addition you pleaded guilty to a summary charge of possession of ammunition and consented to having that charge dealt with by me.  The maximum penalty for this offence is 40 penalty units.

7The maximum penalty for the offence of blackmail is 15 years' imprisonment.  The maximum penalty for the offence of recklessly causing injury is five years' imprisonment.  The maximum penalty for possession of an unregistered general category handgun is seven years' imprisonment or 600 penalty units.

8I deal first with the offence of blackmail involving Mr Pinder where you were convicted by a jury.

9Lance Pinder and his partner were the owners of a new house that had been built for them by a company controlled by a man named Guy Agresta.  Agresta had also erected a house at the same time on an adjoining property owned by Ryan Pinder, the brother of Lance Pinder.  A dispute had arisen between Lance Pinder and Agresta over the construction of Lance Pinder's house and there was an outstanding invoice owing to Agresta for about $26,000.  The parties had been to mediation but the matter remained unresolved as at the time of offending.  Agresta had been referred to you by a man named Ali who recommended you as a debt collector.  However, Ali told Agresta you required $5000 as a down payment to collect the debt.  Agresta rejected this out of hand and did not instruct you to collect the debt.

10Nevertheless you had received information about the debt owed by Lance Pinder to Agresta and, you set about trying to collect this money even though you had no business in doing so.  On 13 July 2013 you went to the home of Ryan Pinder.  You were carrying papers with the Agresta letterhead on them.  Ryan Pinder immediately said that it was nothing to do with him and he gave you his brother's mobile phone number which you wrote down on the back of the papers you had with you.  Ryan Pinder later identified you as the person with whom he had spoken.  When you were arrested you were in possession of the Agresta papers with Lance Pinder's mobile telephone number written on them.  Phone records show that you telephoned Lance Pinder on four occasions between 13 July 2013 and 15 July 2013.  Lance Pinder gave evidence that he received a call from a male on 13 July 2013 asking if he owed Agresta $26,000.  You identified yourself as Benji and said you were from "Condor mediation".  Lance Pinder said that you sounded aggressive.  You made further contact with Lance Pinder by telephone.

11On 25 July 2013 an intruder entered Ryan Pinder's home and assaulted him and caused damage to his house.  The identity of that intruder is unknown but he demanded that Agresta be paid.

12The following day Lance Pinder received a telephone call and was asked by the person who called him whether he had received the message left with his brother the previous evening.  It was the prosecution case that you made this call.  There was compelling circumstantial evidence lead to prove that you made the call.  By its verdict the jury must be taken to have accepted that evidence.  This phone call links you to the violent intrusion into the home of Ryan Pinder the night before which was done for the purpose of instilling fear into Lance Pinder to have him pay the debt. 

13On 1 August 2013 Lance Pinder received two further threatening telephone calls.  It was the prosecution case that you made these calls and the jury must have accepted this evidence.  During the course of these calls demands for money were made in a threatening way.

14You did not give evidence and you made a "no comment" record of interview and did not call other evidence as is your right.

15Although the amount of money involved here was relatively modest, this was nonetheless very serious offending.  The amount of money involved does not influence much the gravity of the offence.   The way you acted does.  You acted where you had no business in doing so.  Your offending extended over more than two weeks, was planned and methodical.  You were both persistent and insistent in your offending and you acted at times in company with others.  This was your plan to impart fear to your victim.

16The jury must be taken to have accepted the prosecution case that the assault of Ryan Pinder was on your instruction and designed to instil fear into Lance Pinder.  The debt that you were supposedly recovering for Agresta was disputed and was the subject of dispute between the parties to the building contract.  Such disputes are common in the courts and tribunals.  In a civilised society such disputes cannot be determined by force and violence or threat of violence and must be left to the rule of law.

17I admitted into evidence as Exhibit G on the plea victim impact statements provided by Lance Pinder and the partner of Ryan Pinder who was present in the house when an intruder entered and assaulted Ryan Pinder and made the demand for the debt to be paid.  The effects of your conduct in committing this offence upon the victims are compelling.  Both still live in fear and as can be seen from the victim impact statements.  In passing sentence I have taken the victim impact statement of each victim into account.

18Whilst you cannot be punished for pleading not guilty placing yourself on trial by a jury in relation to the blackmail of Lance Pinder, at the same time you cannot expect a reduction in sentence which would normally follow had you pleaded guilty to this offence at an early stage.  In my opinion, the prosecution case against you was strong and the jury’s verdict could well have been expected.

19I will now deal with the offence of blackmail involving Mr Tribe.  You pleaded guilty to this offence and the other charges on that indictment on 18 January 2016 when the trial of that charge was listed for hearing.

20A summary of your offending is contained in a summation of prosecution opening which was tendered in evidence and was read to the court by the prosecutor Ms Piekusis.  It was accepted by your counsel, Mr Burns, as being accurate and as forming a proper basis upon which I can proceed to pass sentence upon you.  It is not necessary that I here repeat what is there set out in detail, except in a very summary way.

21You and the other men involved with you in all of this offending were at all relevant times members of the Comancheros Motorcycle Club.  On 27 August 2013 you, together with your long-time friend and business associate, Emir Jaha, and Tangianau Maratai and another unknown male, attended unannounced and uninvited at the home of Keith Tribe.  Mr Tribe said that you told him that you were from the Comancheros.  Consistent with this statement Tribe described those present as wearing clothing that identified the Comancheros Motorcycle Club.  You told Tribe that you were there to collect debts which Tribe allegedly owed to other persons amounting to more than $850,000.

22Tribe was a businessman who had previously engaged in property development through various companies.  Some years earlier a number of persons had loaned money unsecured to Tribe and/or those companies.  The companies became insolvent and were liquidated.  Tribe and his partner were both bankrupted.  By 27 August 2013 the period of bankruptcy had expired and you with others were attempting to recover debts which had some years earlier either been proved in the liquidation of the companies, or  had merged in the bankruptcy of both Mr Tribe and his partner.  At law those debts were unrecoverable but you were seeking to recover them by threat of harm.

23The clear intent of you and those with you in approaching Tribe on 27 August 2013 asking for the repayment of these debts was to obtain money either for yourselves or creditors of Tribe by fear and intimidation.  Both Jaha and Maratai are physically large and imposing men.  When the group went to the house you asked to look around and indeed went to the garage area.  The whole purpose of this exercise was to instil fear into Mr Tribe that if he did not repay the money requested by you then he would come to harm.

24After this initial approach there followed a number of phone calls between you and Tribe.  Maratai was used as the conduit for the making of those calls and to connect you with Tribe.  His role was thus limited.

25As a result of those phone calls a second meeting was arranged between you and Mr Tribe at The Pines shopping centre in Doncaster on 4 September 2013.  Video and audio surveillance of that meeting recorded by police, who by this time had been informed of your demands, shows you seated opposite Tribe and you can be heard and seen making demands for the money.  Jaha can be seen at the end of the table at which you and Tribe sat listening and watching and imposing his presence over the meeting.

26Tribe refused to pay you the money you demanded but you nevertheless continued to make contact with him.  You directed other offenders who were also members of the Comancheros to attend at Tribe's home.  The other offenders Balsillie and Aloia obeyed your commands.  On one occasion on your instruction they placed a bullet on the front door.  On 24 September 2013 you had a conversation with a female police officer who was posing as Tribe’s partner.  During the course of that conversation she told you that Tribe did not have the money to pay you and you became aggressive.  You said, inter alia, "listen to me you idiot, your husband is going to pay the money".  You were told not to come to Tribe's home and you replied "no worries if you want to have it play like that, see you later".

27The following day you had a similar conversation with Mr Tribe.

28As can be seen this is another very serious example of what is a serious offence.  Your blackmail of Tribe extended over a period of about a month during which you engaged with a number of other members of your outlawed motorcycle club, the Comancheros, to engage in repeated and persistent threats and intimidation against Mr Tribe.

29There can be no doubt that you were the ringleader.  Mr Jaha, Mr Maratai,
Mr Balsillie and Mr Aloia each obeyed your commands and directions in various ways.

30Mr Jaha was the most serious offender after you in this crime.  He went to trial on this charge and was convicted by a jury.  I sentenced him to a term of imprisonment of 18 months on this charge.  His role was to impose his physical presence at meetings with Tribe as a threat.  Jaha was involved only for nine (9) days. 

31The other participants in my view also played lesser roles than you and Jaha.  Mr Maratai and Mr Aloia did not receive terms of imprisonment.  Mr Maratai pleaded guilty.  He was of low intelligence and since this offending he had served a term of imprisonment for a subsequent matter.  I accepted that he had turned his life around and was remorseful.  Aloia received a fine of $5000.  His role was limited to taping a bullet to the front door of the Tribe house. 
Mr Balsillie also played a limited role acting as your foot soldier.  He acted with Aloia and observed Tribe's house on a number of occasions but had no direct contact with Tribe.  But he had prior convictions and his sentence was influenced by general deterrence.  I sentenced him to nine months' imprisonment.

32In my opinion there can be no doubt you were the ringleader.  You issued the instructions and commands to the others and you persisted in dealing with
Mr Tribe becoming more and more aggressive as time went on and he continued to refuse to pay you.  Your offending was sustained over a period of a month.  You cannot expect to be treated in the same way as the others.

33I received into evidence as Exhibit E victim impact statements from Keith Tribe and his partner, Sandra Margaret Krause.  In those statements they detail the effects which the offending involving the blackmail and extortion had upon them.  Both of them were scared by what happened and had to leave their home because of the threats of harm to them should they not pay debts alleged to be owed from business dealings many years earlier.  In passing sentence I have taken into account the content of the victim impact statements.

34I turn to the charges of causing injury recklessly to which you have pleaded guilty.

35A prosecution summary which outlined your offending tendered in evidence and marked as an exhibit on the plea.  The summary was read in open court by the prosecutor, Ms Piekusis, and it was accepted by your counsel, Mr Burns, as accurate and as forming a proper basis upon which I can proceed to sentence you for these matters.

36In the circumstances it is not necessary that I here repeat in full that which is there set out in the summary.

37This offending also involved business dealings and occurred in the context where two persons, Mackey and Ramsimi, were attempting to recover property from commercial premises which was being held as security for unpaid rent.  You and Jaha went to the premises with them in order to intimidate David Fehily and Shaun Fehily (who are father and son) so that they would hand over the disputed property.  When they did not hand over the disputed property you and Jaha set upon David Fehily and his son came to his aid.  Both were injured by you and Jaha.  Neither you nor Jaha had any business even being present other than to convey a threat to David Fehily and, when the demands of Mackey and Ramsimi were not met, to act like thugs and assault the Fehilys which is what you did.  Shaun Fehily received cuts to his eyebrow and head and tenderness to his shoulder and ribs and concussion.  David Fehily suffered tenderness to his left lower ribs and thoracic spine.

38On 9 December 2015 Mackey and Ramsimi each pleaded guilty to two charges of recklessly causing injury.  Judge Maidment dealt with them and fined each without conviction the sum of $8,000.  Mackey had no prior convictions.  Ramsimi had some prior convictions which His Honour described as being "of no consequence".  I infer they were not for acts of violence.  His Honour also said their actions were out of character.  Mackey and Ramsimi did not get physically involved in the assault upon the Fehilys and each was charged and dealt with on a concert basis.

39The same cannot be said of you.  True it is that at the time of all this offending you had no prior convictions, but shortly after you assaulted the Fehilys you committed the two blackmail offences and when arrested you were found in possession of a handgun.  It cannot be said that your offending against the Fehilys was "out of character" because as events transpired it was very much reflective of your true character.

40I admitted into evidence as Exhibit C on the plea a victim impact statement provided by Shaun Fehily.  As with the other matters again the effects of your criminal conduct upon the victim are there to be seen.  Your crime and the effects of it have impacted upon the victims' relationship with family and loved ones and he continues to live in fear.  They are consequences that may be expected from your conduct.  In passing sentence I have taken the victim impact statement into account.

41This morning I sentenced Emir Jaha for his part in the assault of the Fehilys. 
I sentenced him to six (6) months' imprisonment on each charge.  His sentence is higher than the sentence I will impose on you reflecting the fact he has a number of prior convictions for acts of violence and so his sentence must have as part of it appropriate application of the principle of specific deterrence.

42So far as your offending by possessing an unregistered general category handgun, namely a semiautomatic pistol is concerned, a further summary which was tendered described this offending.  You were arrested on Tuesday,
1 October 2013 by the Special Operations Group of Victoria Police whilst getting into a vehicle to be driven by Jaha.  A search of the vehicle located a bum bag containing a loaded semiautomatic handgun with a full magazine clip together with ten additional loose rounds of ammunition.  You do not hold a licence to possess a firearm.  Telephone interceptions made by police of you on
29 September 2013 captured you speaking and discussing the firearm being in the boot of your vehicle.  A further interception on 30 September 2013 captured a discussion between yourself and Jaha during which you asked him if you should bring a firearm to a planned meeting at the Nitro Inc Tattoo Shop.

43When interviewed you made no comment and there was no evidence put before me of any reason why you would need to possess a firearm of this kind.  It may be assumed that you possessed the firearm for entirely criminal purposes.

44This is clearly a very serious example of what is also a very serious offence.  It is notorious that firearms offences are becoming more prevalent in the community.  One only has to read the newspapers to gain the impression that guns are possessed by many in the community.  The sentence imposed on this charge must be influenced by the need to appropriately reflect general deterrence.

45To your credit you pleaded guilty to the charge of blackmail involving Mr Tribe and the charges of recklessly causing injury to the Fehily's on 18 January of this year shortly before the blackmail trial was to begin.  You pleaded guilty to the indictment containing the charge of possession of the handgun on
22 February of this year.

46Although your pleas of guilty were not made at the earliest possible opportunity, I nevertheless accept that they are of real value and benefit for which you are entitled to a reduction in sentence.  By your pleas of guilty you have saved the time and costs of at least three trials.  I also accept that by pleading guilty to these charges you have indicated a measure of your remorse for your conduct.  Because of your pleas of guilty you are entitled to a lesser sentence than I would have otherwise imposed and this is reflected in the sentence I will shortly pass.

47I turn to deal with matters related to your background and for that purpose I was provided with a helpful outline of submissions from your counsel, Mr Burns.  
I borrow in part from that written outline.

48You were born in Bosnia on 9 March 1987.  You are now 29 years of age and at the time of offending you were 26.  Until this passage of offending, which extended over about two and a half months in 2013, you had led an unblemished life with no prior convictions recorded against you.

49Your family migrated to Australia as refugees in 1990 when you were but a young seven-year-old boy to escape the Bosnian war.  I was told and accept that as a young man you were exposed to the horrors of war.  You commenced primary school not being able to speak English and I was told and accept that you attended three different primary schools.

50You completed Years 7 to 12 at Dandenong High School finishing in 2004 and Mr Burns described you as "an average student".  You met Mr Jaha whilst in Year 9.  You became and remain close friends.  This is understandable because your background as child refugees is very similar.

51After leaving high school you began to work and you had a number of unskilled jobs.  You completed a course gaining a diploma in electronic engineering in 2006.

52You met your wife, Danijela, in 2007 and commenced a relationship with her and you worked hard to provide well.  With your father you commenced a family painting business in 2009 and that business continues.

53I was told and accept that you put a lot of work into your business which appears to have been successful.

54In April 2011 I was told that you had a medical scare where you appear to have lost the feeling in the left side of your body and you felt as if you were going to swallow your tongue and you could not move your legs and arms.  You attended hospital where you were checked and discharged.  There have apparently been other such events but the medical reason for your symptoms has not been fully diagnosed.  You continue to be monitored.

55I received into evidence as Exhibit 4 on the plea a copy of the medical records from the Southern Health Monash Medical Centre.  Those records confirm your attendance and a note of the symptoms observed upon examination, but did not provide any proper diagnosis or prognosis of your condition (if any).

56It is not suggested that your medical condition will mean that a term of imprisonment will be more burdensome for you than for others in good health.  One thing is certain and that is that your health did not prevent you committing these offences and nor does it seem prevent you from conducting a successful business including a St Kilda car wash in partnership with Mr Jaha and the painting business.

57You married in May 2011 after which time your wife continued to work and you concentrated on your business.  You have a son now aged three years.

58I was told that during 2013 your business entered a quiet period and you did not have much work.  Your wife was on maternity leave and at the same time you were building a new home and living with your parents.  It was at this time that you became involved with the Comancheros.  You were introduced to this club by Mr Jaha.  You appear to have embraced life as a Comanchero.  Your wife gave evidence on your behalf and she told me, and I accept, that you began to spend time away from your family particularly on Friday and Saturday evenings and this affected your marital relationship.  She said that you would get phone calls which would suddenly cause you to rush off to another place.  She told me, and I accept, that you appeared to be under the influence of drugs and alcohol and she voiced her disapproval.  You became influenced by members of the Comancheros.  No-one forced you into this and you must have decided yourself to go down this path.

59You were arrested with Mr Jaha on 1 October 2013 and you spent two months in remand placing a great deal of stress upon your family.  I was told by your wife that you very much regret your conduct.  I accept this to be the case but your regret is born out of concern for your family and the trouble you have caused them.  I have not heard or seen any sign of any remorse on your part because of the harm and fear you imparted to any of your victims.

60You have had a lengthy period on bail with strict reporting conditions and you complied with these.  There were non-association conditions as well and you were forbidden from associating with any member or past member of the Comancheros whilst on bail.  You appear to have complied with that condition.

61I was told that you no longer desire to have anything to do with the Comancheros.  That is understandable, but as there is no formal process for withdrawing from this club whether you continue to associate with it and its members in the future remains to be seen.

62From what I have been told you do have a successful business and you do have a history of hard work.  There is evidence that you have assisted others with work and in charitable ways.  That is to your credit and I have taken it all into account.  Provided you cease any association with the Comancheros or any past members of it, I think your chances for rehabilitation are reasonably good.  Time will tell.  Whether you can fully rehabilitate yourself is entirely up to you.  You come from a good family and have a loving and supportive wife.  You therefore have the support to achieve a full rehabilitation but you must be the one who aims for this outcome.

63Your mother does not keep good health but this factor is not exceptional and cannot affect the sentence to be imposed.  Also, you have left your wife to manage your business and she has been given responsibility to meet mortgage repayments on the house in your absence.  Whilst I have taken these matters into account as a consequence of you serving a sentence of imprisonment they are not extraordinary and must not affect the sentence to be imposed.

64I admitted into evidence references from dentists, Dr Peter Fiore and
Dr Hussain, both of whom know you professionally and socially.  I also admitted into evidence a reference from a former employee, Siby George, and from the person with whom you have had professional dealings, Peter Piotrowski, and another reference from the manager of a health club, Peter Lilly.  I marked these references as Exhibit 3 on the plea.  Each of those persons speaks highly of you as a person and I have taken the content of these references into account.

65I also received into evidence as Exhibit 2 on the plea a psychological report from Tim Watson-Munro, dated 1 March 2016.  He saw you for the purpose of preparing the report on 22 February 2016.  He also gave evidence before me.  You told Mr Watson-Munro that at the age of 24 you began using cocaine and that this dramatically increased after the medical event that I have earlier referred to.  You told him that at its peak you were using four grams per week and this was associated with high levels of sleep disturbance and rebound depression but fortunately no drug induced psychosis.  You also told him that you would take the drug Xanax to ease your paranoia.  You have not used crystal methylamphetamine (Ice).

66Mr Watson-Munro thought that you were a psychologically troubled man who was no longer using drugs.  He thought that at the time of your offending your judgment could have been clouded by the effects of cocaine.  This may be so but you were the one who chose to use the drug.  Mr Watson-Munro thought that you could benefit from some counselling and cognitive behaviour therapy focusing on relapse prevention strategies, systematic desensitisation for anxiety as well as supportive motivational psychotherapy.  It was not submitted on your behalf that there are any Verdins factors that reduce your moral culpability for these offences, or should influence the sentence that I impose.  In passing sentence I have taken fully into account the evidence and report of Mr Watson-Munro.

67In his written outline Mr Burns submitted that I should consider a disposition in the nature of a community corrections order.  He did not press that submission on the hearing of the plea but submitted that I could impose a term of imprisonment together with a community corrections order.  Conceding, appropriately in my view, that each of the offences that I must sentence you for is a serious example of a serious offence, Mr Burns submitted that if I did not impose a term of imprisonment with a community corrections order then I should impose an appropriate head sentence but fix an early release date so that you have a long period on parole.  In particular he relied upon mitigating factors, such as:

·    the fact that until this offending you have no prior convictions;

·    the fact you have pleaded guilty to a number of charges reflecting remorse and providing the utilitarian benefit of saving time and cost to the community;

·    the fact that you have disassociated yourself with the Comancheros;

·    the fact you have ceased using cocaine whilst in prison and have otherwise used your time in prison well;

·    the fact you have complied with strict bail conditions;

·    the fact you have expressed to your family and others regret for your actions;

·    the fact you have commenced to rehabilitate yourself and have seen the error of your ways and have good prospects for full rehabilitation;

·    the fact you have a successful business as well as a supportive wife and family.

68Ms Piekusis argued that these are very serious examples of offending and that your expressions of remorse are limited because they are borne out of the situation in which you now find yourself and nowhere have you expressed any genuine remorse for your victims.  I accept those submissions. 

69Ms Piekusis submits, correctly in my view, that in each of these episodes of offending you were the principal offender.  She argued that the sentence I impose for each of the charges must appropriately reflect proper application of the principle of general deterrence.  She conceded that your prospects for rehabilitation appear good but she pointed out that there is no evidence that you have actually ceased being a member of the Comancheros Motorcycle Club.  I accept that to be the case.  Ms Piekusis submitted that a sentence involving a term of imprisonment together with a community corrections order was not within the range of appropriate sentences because the level of your offending was so high.  She submitted term of imprisonment of two years or less would not be within the appropriate range.

70I have given these matters very careful consideration.  I have formed the strong view that a disposition that includes a community corrections order is not appropriate.  The number of offences and the seriousness of them in my view means that such a disposition is out of the question.  The sentence here must appropriately reflect general deterrence, appropriate denunciation, just punishment and to a certain extent protection of the community.  In my opinion those objectives cannot be achieved by a sentence which includes a community corrections order.  In my opinion there is no reason here why any parole period should be longer than is normally regarded.

71On the charge of blackmail in Indictment C1309287C.1, blackmail of Lance Pinder, you are convicted and sentenced to a term of imprisonment of two (2) years.

72On the charge of blackmail in Indictment C1309287F, blackmail of Keith Tribe you are convicted and sentenced to a term of imprisonment of two and a half years.

73On Charge 2 in Indictment C1309287F, recklessly cause injury to David Fehily, you are convicted and sentenced to a term of imprisonment of three (3) months.

74On Charge 3 in Indictment C1309287F, recklessly cause injury to Shaun Fehily, you are convicted and sentenced to a term of imprisonment of three (3) months.

75On the charge of possession of an unregistered general category handgun in Indictment C1309287D.1, you are convicted and sentenced to a term of imprisonment of 18 months.

76On the summary charge of possession of ammunition you are convicted and fined $500.00.

77I direct that one (1) year of the sentence imposed on the charge in Indictment C1309287C.1, blackmail of Lance Pinder, one month of the sentence imposed on Charge 3, on Indictment C1309287F, recklessly cause injury to S. Fehily and nine (9) months of the sentence imposed on the charge in Indictment C1309287D.1, possession of an unregistered general category handgun, cumulate upon the sentence imposed on Charge 1 in Indictment C1309287F making a total effective sentence of four years and four months' imprisonment. 

78I direct that you serve a minimum term of three years before being eligible for release on parole.

79I declare that there has been 115 days pre-sentence detention and direct that 115 days be reckoned as having been already served under the sentences passed this day and deducted administratively.

80For the purposes of section 6AAA of the Sentencing Act 1991, I say that had it not been for your pleas of guilty to the charges in Indictments C1309287F and C1309287D.1, I would have imposed a total effective sentence of four and a half years with a non-parole period of three years on those charges alone.

81I have been asked to sign forfeiture and disposal orders in relation to items seized by investigating police including the firearm.  Those orders were not opposed and I will sign them.

82(Forfeiture order signed and acknowledged.)

83(Disposal order signed and acknowledged.)

84As to the pre-sentence detention?

85MR BOSSO:  Your Honour, the figure that I have come up with is 115 days, and I can take you through how I get that.

86HIS HONOUR:  Is that agreed?

87MR MALKOUN:  I will listen to my friend run through it, Your Honour.  I do not know the makeup of the 115.

88MR BOSSO:  Perhaps if I take ‑ ‑ ‑

89HIS HONOUR:  I was told on the plea it was 66 days.

90MR BOSSO:  Yes, Your Honour.  There was 66 days up until the plea, which ‑ ‑ ‑

91HIS HONOUR:  I was told that by Mr Burns.

92MR BOSSO:  Yes, and that was accepted, it is in one of the openings.

93HIS HONOUR:  Yes.

94MR BOSSO:  I have checked.  The plea was obviously on 3 March; from
4 March up until today is 40.

95HIS HONOUR:  He went into custody before then.

96MR BOSSO:  Part of that 66 days includes the time from when Mr Saracevic went into custody after he was convicted by the jury.

97HIS HONOUR:  Yes.

98MR BOSSO:  It also includes the time ‑ ‑ ‑

99HIS HONOUR:  I see.

100MR BOSSO:  Of his first arrest prior to his first bail.

101HIS HONOUR:  Yes.  My associate says it is 115 days.  That is her calculation.

102MR BOSSO:  I defer to a higher authority then, Your Honour.

103MR MALKOUN:  I accept the 115, Your Honour, having heard that maths.

104HIS HONOUR:  Yes.  Yes, very well.  I will amend the declaration as to pre-sentence detention to read 115 days, 115 days be reckoned as having been already served and be deducted administratively.

105MR BOSSO:  As Your Honour pleases.

106HIS HONOUR:  Just pardon me for a moment.  Could you remove Mr Saracevic please.

107Very well.  I have signed those disposal orders and the forfeiture orders.  Are there any other matters arising out of that sentence?

108MR BOSSO:  No, Your Honour..

109MR MALKOUN:  No, Your Honour.

110HIS HONOUR:  Thanks, gentlemen.  Adjourn the court sine die.

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