Director of Public Prosecutions v Seferovich

[2016] VCC 798

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-02088
CR 15-02089

DIRECTOR OF PUBLIC PROSECUTIONS

v

RIZAH SEFEROVICH
ANGIE CHRISTOU

---

JUDGE:	HIS HONOUR JUDGE PILGRIM
WHERE HELD:	Melbourne
DATE OF HEARING:	12 May 2016
DATE OF SENTENCE:	10 June 2016
CASE MAY BE CITED AS:	DPP v Seferovich
MEDIUM NEUTRAL CITATION:	[2016] VCC 798

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr J. D. Singh	Office of Public Prosecutions
For Accused Seferovich	Mr J. McQuillan	Pica Criminal Lawyers
For Accused Christou	Ms J. Warren	Emma Turnbull Lawyers

Pages 1 - 21

 

 

HIS HONOUR:

1Ms Christou, you have pleaded guilty to two counts of possessing a drug of dependence - just so there is no doubt about that, that is the butanol and the MDMA and one count of handling stolen goods. Further, you have consented, pursuant to s.145 of the Criminal Procedure Act to seven summary offences being dealt with by this court.  Those summary offences, for the record, are the carry of prohibited weapon, they were knuckle dusters as I understand it, carry a controlled weapon, possession of dangerous articles, I think that was the possession of a baseball bat or something of that nature, contravene bail conditions on two separate counts and fail to appear on bail and yet again, another contravene bail, so there is three contravene bail conditions.

2In relation to those, you heard the learned prosecutor, was then Ms Holmes, tell this court that the maximum gaol sentence for possession of drugs is the result of the ruling I have just made for the possession of drug being the butanol is one year.  If it was for the purpose of trafficking it was different but for your instance, in this case, one year. 

3Then handling stolen goods, the maximum gaol sentence is that of 15 years' imprisonment.  The carrying of prohibited weapon, the maximum sentence is 240 penalty units - The penalty unit used to represent $100, it is around about just short of $140 now. 

4The carrying a controlled weapon is 120 penalty units or one year imprisonment.  Possessing a dangerous article, 60 penalty units or six months' imprisonment.  Contravening bail conditions, you have got three counts of that, on each count you could be fined 30 penalty units as a maximum or three months' gaol as a maximum.  Failing to appear on bail when you failed to turn up, the maximum gaol sentence for that is 12 months' imprisonment.

5Having pleaded guilty, I will impose a lesser sentence than I otherwise would have imposed.  In other words, you receive a discounted sentence for having pleaded guilty.

6Mr Seferovich, you have pleaded guilty to one count of possessing a drug of dependence, being the butanol, and one count of a prohibited person did possess a firearm. You have also consented to three summary offences being dealt with by this court, pursuant to s.145 of the Criminal Procedure Act.  The summary offences are (1), possessing cartridge ammunition; (2), fraudulently using number plates; and (3), using unregistered motor vehicle. 

7The maximum gaol sentence, as you have just heard me tell Ms Christou in relation to the possess drugs, is a gaol sentence of one year.  Had it been for trafficking, five years but in this instance, one.  For possessing a firearm, it is 1500 penalty units or ten years' imprisonment.  For possessing cartridge ammunition, the maximum penalty is 40 penalty units.  For fraudulently using number plates, 10 penalty units or two months' imprisonment and three, using unregistered motor car, 25 penalty units. 

8Mr Seferovich, for having pleaded guilty, I will impose a lesser sentence than I otherwise would have imposed.  In other words, you receive a lesser sentence or a discounted sentence than I otherwise would have imposed. 

9Briefly, the circumstances of the offending for each of you are as follows.  It was on 25 August 2014 at approximately 2 am, two members of the Victoria Police force were performing divisional van duties when they observed a blue Ford Falcon XR6 sedan with the registration plates SYV 416 parked next to a petrol bowser at a Shell service station on the corner of McClellan Drive and Frankston-Cranbourne Road, Langwarrin.

10Each of you, that is Angie Christou and Rizah Seferovich, were observed entering that vehicle.  Ms Christou, you were in the front passenger seat and you, Mr Seferovich were the driver.  Constable Harwood had a short conversation with each of you.  You told that policeman that you had stopped to use the toilet and then you would be leaving.  Constable Harwood and Leading Senior Constable Barber then began to drive off.  However, a VicRoads check was made - as you well know, if you do not, I am going to tell you, all police cars now have got a built-in computer on board.  They just press the button and up it comes and it tells the police officer sitting there exactly the status of the vehicle and that is what they did and of course they immediately discovered that the registration plates that were attached to the Ford were registered to a Subaru Impreza and that the Ford Falcon was unregistered.  So they are the two charges of summary offences:  using false plates and driving an unregistered motor vehicle.

11The police officer has not surprisingly turned the divisional van around.  Constable Harwood's and Barber then saw the two of you get out of the vehicle - of your vehicle and enter the services station shop heading towards the unisex toilet.  Both of you walked quickly, constantly looking back towards the van.  You are virtually telling the policemen, "Come and get me."  Your behaviour was suspicious and even inexperienced policemen would be right onto you.

12You, Ms Christou were seen to enter the toilet.  You, Mr Seferovich, paced around and kept looking back toward the police and as soon as Ms Christou exited the toilet, you, Mr Seferovich, entered it.  Constable Harwood then approached you, Ms Christou, and requested that you return the Falcon motor car.  Harwood then knocked on the toilet door requesting you, Mr Seferovich, to exit as soon as possible and return to the vehicle.  The police officers then conducted a search of that Falcon and located (a), a 1 L Smart Juice bottle containing 400 ml of 1.4 butanol in the passenger side door, three mobile phones, a bag containing CD brand digital scales and plastic deal bags - they were in the glove box, a blue plastic liquid sipper - I do not know why they write that, why they do not just say an eye-dropper with a rubber on the end of it, then we all know what they are talking about - that is what it was, and a baseball bat.  The baseball bat is subject to summary Charge 6 being the dangerous weapon. 

13Ms Christou, your handbag was located in the front passenger floor well.  A search of this bag revealed that it contained a pair of knuckle dusters and a large black knife, they are the subject of two of the summary offences and there was also diamond shaped pills, that was the MDMA/ecstasy.  That is one of the possess drugs of dependence charges on the indictment.  There were also, it was found - a glass pipe and a purple notebook containing seven pages of notes which the police officer allege relate to the sale and purchase of illegal drugs.

14There was also found to be a driver's licence in the name of Brian Logan.  Obviously, you are not Brian Logan and that is the subject of the handle stolen goods, being the licence.  Inside the purse was $1195 cash.  I have just made an order - you have lost that as well because of the relationship to the other drug-related issues. 

15The police officers then conducted a search of the toilet facility and located a loaded 0.38 Smith and Wesson calibre Richardson brand model 19045 shot double-action revolver that was contained within the sanitary bin within the toilet facility.  Three loose rounds of ammunition for the revolver were secreted inside the toilet roll holder.  You have been charged with the possession of that handgun, a very serious offence, and also the possess cartridge ammunition and the possession of the glass pipe that was found within the car.  Part and parcel of the summary offences. 

16The revolver was examined and found to have an overall length of 0.164 mm with a barrel length of 62 mm.  that is finalising the charge of being a prohibited person in possession of a firearm.  The cartridges were 0.38 special calibre Remington Peters brand cartridges, the lead bullet had been modified, reducing its length, making it suitable for the revolver. 

17Both of you, that is Ms Christou and you, Mr Seferovich, were then arrested and taken to the Frankston police station.  You each took part in a record of interview.  Generally speaking, Ms Christou, you answered all questions put to you.  You, Mr Seferovich, apart from admitting your possession of the firearm, you exercised your right to silence and you are not condemned for doing that. 

18Returning to you, Ms Christou, I now turn to the personal matters relating to you.  You are now aged 26, having been born on 2 February 1990.  You attended local schools, that is St Andrews Primary School in Clarinda to grade six, then Kalister High School in Springvale, completing year nine. 

19You left school at the end of year nine and commenced a hairdressing apprenticeship with Alexis Hair in Parkmore when aged 16.  You worked in various salons and almost completed your apprenticeship.  Unhappily, your employment was terminated.  This event was subjected to a successful unfair dismissal claim and you have not completed this apprenticeship which is unfortunate.  Obviously there was unpleasantness between you and the employment and you apparently were in the right - that is the inference I draw. 

20Returning to your family, your parents separated soon after you were born.  You had no contact with your biological father during your childhood; you have little contact with him now. 

21Ms Christou, when in your early 20s you went off the rails, to put it bluntly.  You mixed in a bad peer group and lost your way.  That was when you entered the drug scene.  As you well know, you found yourself in custody for a significant period of time and on release from prison, you have resumed living at home with your mother and your eight year old brother, Jonathan.  Your mother is now separated from her previous partner - this fellow is no longer living at the family home. 

22Having returned home, you are maintaining a drug-free lifestyle and you have commenced counselling.  You have revealed to your counsellor that you were sexually abused by a family member which resulted in you turning to drugs to help cope with your personal turmoil and bad memories with the consequential emotional damage that flows from abuse such as what I have mentioned. 
Ms Christou, you have revealed this abuse to your mother.  It is imperative that you continue counselling so as to return to a normal life and recover from this awful offending.

23Ms Christou, you know yourself, that there has been a huge amount of publicity, particularly in and around Ballarat about sexual offending by older people with younger people, both male and female.  It has caused huge damage to our young.  It is amazing the number of times that I have heard of sexual abuse being involved with young people such as you being involved in criminal activity thereafter.  Such criminal behaviour of those close to you or any young person is to be condemned in the strongest of terms. 

24You now assist your mother at home.  Mum has two positions, as I understand it, in the workplace.  One with South East Water which involves your mother working a revolving nightshift roster.  The other position is with the YMCA.  You have taken on the role of helping care for Jonathan, particularly when your mother is at work. 

25Your counsellor, Kay Jones, reports that you have, to quote, "A very loving and caring relationship with young Jonathan."  In addition to attending counselling fortnightly, you have completed programs with the Melbourne City Mission and the Kangan Institute.  Further, you are attending the Bounce program.  The supervisors from Bounce, Ms Tracy Montgomery, in her report dated
9 May 2016, among other things says that you, and I quote - this is what Montgomery said about you, so I am reading what she says about you, "From the first day, Evangelina has been motivated and enthusiastic about exploring her past decisions and looking at ways to improve her decision-making so she can achieve some career goals in the near future.  Evangelina has worked particularly hard on looking at working as the cause of her decisions and making plans so she can utilise her skills and attributes." 

26You commenced counselling with Kay Jones in 2014.  You found yourself imprisoned, then some four or five months later, you return to the community and you return to the counsellor, Ms Jones.  Ms Jones reports, and she says this - it is a direct quote from what she says about you, "On 5 April, Angie again attended for counselling", that covers - you did it to start with, went off to gaol, then came back, so she attended again, "She stated she had just been released from prison and was looking for support to help her maintain her new drug-free life.  This time she has shown commitment to the counselling process and also the determination to remain free from the drugs that have impacted so severely on her life and her family.  She has regularly attended for scheduled counselling appointments."  I am not going to say too much more but you heard what I was saying to Ms Warren - please discuss what I was saying to Ms Warren about that. 

27Ms Christou, in addition to the various counselling services, you are actively engaged with a job agency, completing an education course and you have applied for positions and are anxiously awaiting advice relative to those applications.  I will pause there for a moment - is there any news yet, Mr Warren in relation to the train driver position.

28MS WARREN:  No, Your Honour, I have not had a chance to speak to my client because she was stuck in traffic this morning.

29HIS HONOUR:  It is all right.

30MS WARREN:  Nothing yet.

31HIS HONOUR:  She came down the Monash Hardway, did she?

32MS WARREN:  She did, Your Honour.

33HIS HONOUR:  The Monash Hardway.  You have advised Ms Warren that you remain abstinent from drug use and that this is the longest period you have been drug-free since your early 20s that I spoke of earlier about what you were doing.  Your counsellor, that is Jones, reports that you are feeling clearer, feeling happy and healthy. 

34Ms Christou, I assure you, that I have taken into account all that has been said on your behalf by Ms Warren.  I take into account your plea of guilty.  This plea is indicative of your remorse.  Ms Montgomery, in her report, among other things said, "Evangelina has a good understanding of her behaviour and consequences and she accepts responsibility for her actions. 

35I will pause there for a moment and now I will speak to you, Mr Seferovich. 
Mr Seferovich, you are now aged 22, having been born on 15 June 1993.  You attended local primary schools before then going to Carawatha College.  Unhappily, you were subjected to bullying whilst at school.  That ultimately led to you leaving school aged 15 and commencing an apprenticeship - I believe that was as a cabin-maker or something of that nature.

36At this time, you had good friends, so your mother advised and they regularly visited your home.  Your mother further advises in her memorandum to this court that your father is of the old European style, a very hard-working and industrious man.  You dad was tougher, to quote your mum, that is the word she used, on you than your siblings, you being the first born son, not the oldest child but the first born son. 

37Apparently, your father viewed your extra-curricular activities and socialising with your friends as a waste of time.  Despite your attempts to please him, your father that is, to put it bluntly, you just could not win because he was burdened with the old fashioned style. 

38Unfortunately, at that stage, at about 18 - you are probably feeling your age a bit, to quote football coaches, "You're an association", and communications with your father broke down.  Things became uncomfortable at home.  You then began couch-surfing with a new set of, what your mother called, friends - they are not friends; really enemies.  They were from questionable backgrounds.  Amongst this bad peer group, you descended into using drugs.  The rest is history. 

39You have since been charged with these offences, experienced what we in the court system calls the CISP  program.  I quote directly from the CISP reports - there is two reports on file, one is dated 25 March 2015 - is it still called CISP or they changed the name?

40You revealed to your case manager that you commenced using methamphetamine - that is the CISP program - you revealed to that manager that you commenced using methamphetamine at the age of 18 - this is when the couch-surfing started with those ratbags.  Apparently, you were using and abusing yourself by consuming between 1.7 to 2.5 g on a daily basis up until being remanded, that is over an eight month period between the time you started and when you then get into trouble. 

41In addition, you were using up to 60 ml of what we call this butanol, gamma-hydrobuturic weekly.  When you put all that together, this gross abuse is appalling - it is quite surprising you survived it because of the internal damage that occurs. 

42If I pause there for a moment, I think I am fairly close to the mark that this butanol, if you like, is a bit like methadone in this sense - it is an alternative to using a drug of addiction.  So, you are taking an upper and a downer at once.  Mr Seferovich, you are knocking yourself about doing that but that is what you were doing - any wonder you are in involved in crime.  An upper and a downer, you know what that means, I am not going to try and explain it to a person who was drug addicted. 

43Mr Seferovich, you were remanded in custody on 25 August 2014.  On
19 February 2015, you were released on bail.  It was on your release from custody that you became involved in the CISP  program that I mentioned earlier.  The CISP programs supervisor or manager had said this of you, "Mr Seferovich has successfully completed the Court Integrated Services Program", that is what the CISP comes from, Court Integrated Services Program.  "After participating in 13 weeks of case management, Mr Seferovich attended all scheduled appointments for case management and treatment during this time."

44Mr Seferovich, in January of this year you were involved, tragically or not tragically but very seriously, in a very serious accident when riding your motorcycle.  You mother advises that you suffered a fractured pelvis, a broken coxal bone, a broken right arm and serious injuries to your right leg.  Those injuries, among other repairs, required significant plastic surgery.  You spent quite some time in the trauma ward of the Royal Melbourne Hospital undergoing surgery.  You were wheelchair-bound for at least two months and then you were on crutches for another significant period of time so as to ambulate.  You have been bedridden at home from this incident and, as I understand it, you are in pain, you have ongoing problems with your back and your movements are limited and painful at times. 

45Your case manager at CISP, Emma Robertson, reports details to you training and your participation in those programs.  Ms Robertson says this, and I quote her, "Since Mr Seferovich's last appearance in court, he has", that is the Magistrates' Court as I understand it, "he has identified a desire to engage with the CISP employment consultant to discuss options for courses.  Mr Seferovich has participated in nine weeks of case management through the Court Integrated Service Program.  He has continued to display a high level of attendance at appointments for case management and treatment and attends punctually."

46Mr Daniel Saula, in his character reference says this of you -
Mr Saula, as you know, is the proprietor of a business - as I recall I think he has something to do with one of your sisters and as I understand, if I remember correctly, his business is somewhere in the Dandenong area.  Mr Saula,
"I am aware of" - Saula says this of you, "I am aware of his serious injuries and the need for light duties.  I am willing to assist with his rehabilitation back into the workforce by providing light employment within his ability and help him both with his physical and mental challenges.  I am aware he has a hearing that is coming up", he is talking about this hearing that you are now currently involved with.  Then later, in the same character reference, he says this, "We're a small team of hard-working men whom have no hesitation in giving Mr Seferovich the opportunity to overcome his challenges."  Mr Saula says, "We would be happy to mentor Rizah and help him mend physically and rehabilitate."

47Mr Seferovich, I assure you that I have taken into account all that has been said on your behalf by Mr McQuillan.  I further take into account your plea of guilty which, as I just said to Ms Christou, is indicative of your remorse and as I have just mentioned by referring to Saula's letter, your prospects of rehabilitation is good because you have the continued support of your mother and siblings.  You have the continued support of your girlfriend who, I think, was here on the original day and I believe is here again today. 

48Mr Saula, at the end as I have just said, has written and guaranteed you employment so that you can engage and recover from your motorcycle injuries and he has accommodating your capacity or incapacity so you can gradually rebuild.  The two reports from the CISP program indicate that you are actively participating in all of the programs provided by that service which means, of course, your rehabilitation has to be positive. 

49Turning to you Ms Christou, I did not speak of your rehabilitation, I stopped at that point.  Your prospect of rehabilitation has to positive as well because you have voluntarily sought counselling with the Cranbourne Information and Support Services - you were not sent there by the court, you did that before you even got here.  You regularly attend Bounce as reported by Ms Montgomery and you are seeking training to expand work opportunities and are actively pursuing work - you heard me ask Ms Warren because I am aware of the fact that there is an application for a position that apparently has not sorted itself out just yet. 

50As with Mr Seferovich, you have the support and continued support of your mother with whom you live and you have a warm and loving home life, all of which is indicative of your successful rehabilitation.  What you must understand, each of you, is this:  the type of offending that you have involved yourself in is just becoming or reaching plague proportions within the criminal justice system.

51Let me explain that to you.  This week, I have sat in this court five days in a row.  Every one of the offenders has been involved in very serious crime - perhaps more serious crime than you.  Each one of the offenders, every one of them, has got a massive problem with methamphetamine.  It is an absolute plague and absolute blight on our society. 

52It is a massive plague and I do no not know what the community is going to do about it because it is getting worse, not better and I read with some distress, I suppose, and concern, it is written in the media and spoken of in the media that Victoria is the worst place in the world for methamphetamine abuse.  Why here?  Worst in the world. 

53Any sentence that I impose on you must dissuade others from doing what you have done.  The technical term is general deterrence.  The community must learn by looking at what happens to you, "I won't do it."  The next thing that we talk about out of the Sentencing Act when dealing with young people such as yourselves is specific deterrence.  Well, it does seem to me that both of you, with the help of loving, caring parents have been able to move forward even before you get to court.  All too often, that does not start happening until there is court orders made and there is compulsion to attend that but to your credit both of you have attended for counselling and to assist you to recover a good, healthy and honest lifestyle. 

54The next thing I am bound to do under the Act is to denounce this sort of behaviour on behalf to the community. 

55Probably the most important thing, especially with young people because you are both young offenders, is that the Court of Appeal in Mills and Azzopardi - all these cases talk about when dealing with young people, it is the predominant concern of the community that you be rehabilitated and you people have taken steps to rehabilitate.  You have attended Bounce programs, you have attended CISP programs - the CISP programs do not tell me what, in fact, details of the programs was but I am sure they will be something to do with gaining meaningful employment.

56Do not come back - because with these sort of entries, particularly to you, Ms Christou, you are getting quite a list now - your prior convictions - you must not be dealt with for the same offence twice but if you keep reoffending, it is indicative - the prosecutor will tell the court every time, "This person takes no notice of the law, this person is taking no notice of any attempt to rehabilitate - they keep reoffending, they keep coming back", to put it bluntly.

57I think the easiest way is for me to explain what I will now do.  In relation to
Ms Christou, Ms Warren, simply because the handle stolen goods is the most serious in terms of judging by the sentence that can be imposed, she will be sentenced to 184 days imprisonment pursuant to s.18 of the Penalties and Sentences Act.  I direct that she be given credit for having served 184 days of imprisonment.

58MS WARREN:  Yes, Your Honour.

59HIS HONOUR:  Will you please explain all the technicalities of that to your client?

60MS WARREN:  I will, yes, Your Honour.

61HIS HONOUR:  In relation to all of the other offences, she will be convicted and released on a community corrections order.  The special conditions of which of these here are - can I just have a copy of your corrections order - I will just explain, you are going to be released on a community corrections order for one year.  I will read them out, firstly, and then I will explain them to Ms Christou.

62Pursuant to s.48D(3A), Ms Christou is to undergo or continue to undergo, I suppose I should say, treatment and rehabilitation programs for drug abuse.  Pursuant to 48D(3e), treatment and rehabilitation for mental health programs if, in fact, they exist - 48D(3f), treatment and rehabilitation programs to assist in prevention of further reoffending.  Last, but no least, pursuant to s.48E to be subject to the supervision of a community corrections officer.

63I will explain that to you -perhaps you just stand up and I will explain it.  You are being sentenced to a term of imprisonment but you have already served that - that is in relation to the handling stolen goods, that was the material found I your purse or your bag.  The treatment and rehabilitation in relation to the drug abuse is this, you are already doing it and I would anticipate and, in fact, I am sure that the corrections people will continue to send you to the same counsellor that you are already attending. 

64The assessment is done by that counsellor as to whether or not you need further ongoing treatment.  If the assessment is that you do, then you must continue.  If you do not, you are in breach and the counsellor will tell corrections and corrections will then bring you back to court - do you understand that? 

65The same thing applies to rehabilitation and assessment and rehabilitation programs for mental health problems.  That relates to, of course, drug abuse and how it messes up your whole life and the private issues that you know about and I know about that you need assistance with.  You get assessed and if you need treatment you must continue it.  If you do not, you are in breach, the corrections will then bring you back before the court and then you are at risk of being imprisoned - do you understand that?

66Last, but not least and you have probably already done this privately, yourself - you get treatment and rehabilitation programs rather than getting involved with those who are involved in criminal behaviour, "How do I avoid them, how do I get out of this?"  You count to ten, you find a different way of handling it.  By the time you get to ten you have gone in another direction, gone away.  Do you understand that?

67The supervision element is a corrections officer will be appointed to you.  They are virtually another counsellor to make sure you are going all right and if you need any advice or help, they are a professional counsellor - well, discuss it with them.  Do you understand that?

68Now, this young lady will tell you in a minute when you sign the form, you have got to report to the officer of corrections in Dandenong within two days of today and the address is shown on that document, you understand?  Thank you, take a seat.

69I have already mentioned that the forfeiture will be made and that is made against the seizure from the bag.

70MR SINGH:  Yes.

71HIS HONOUR:  Would you stand up please, Mr Seferovich.

72MR SINGH:  Your Honour, I just suggest its two working days because of the long weekend because of the long weekend and I want there to be any ‑ ‑ ‑

73HIS HONOUR:  Yes, two working days so probably Wednesday of next week.  If you do not go there today, be there by Wednesday of next week.  No, Monday is a public holiday, Tuesday is the 14th - it is the 15th which is Wednesday.  If you are going past on the way home, go there now.  There is also a disposal has been made.

74MR SINGH:  Yes, Your Honour, what we will be seeking, we have not got them for you yet, I am afraid - we will get them but we will be seeking forfeiture of the firearm.  Your Honour has already ordered forfeiture of the moneys but we will get those to your learned associate and there is going to be a disposal order sought for the drugs and the paraphernalia.

75HIS HONOUR:  There is certainly a disposal order that has been given in and ‑ ‑ ‑

76MR SINGH:  I beg your pardon.

77HIS HONOUR:  I will tell you what that is for - one small clear plastic bag, deal bag containing white powdered substance, containing methylamphetamine weighing 1.57 and that is all that one is in relation to - there might be others.

78MR SINGH:  Yes, well there will be some for the butanol, Your Honour.

79HIS HONOUR:  Yes, of course there will.

80MR SINGH:  And the pipe.

81HIS HONOUR:  Mr Seferovich, just excuse me a minute.  Well, you heard what I said to Ms Christou, the same applies to you in the sense of how I explained it but I will do it again.  In relation to the community corrections order, the period of time is one year - did I announce that before, if I did not I will do it again.

82MR SINGH:  You did, Your Honour - one year.

83HIS HONOUR:  The length of the period is on year - I will come back to that in a moment as well.  During that period of time, pursuant to s.48D(3A) - you are to undergo treatment and rehabilitation programs for drug abuse - that is the sort of thing you have already been doing, the CISP program will be on the record and no doubt corrections will pick that up and act accordingly.  Mr McQuillan will explain that to you if you need any help. 

84Also, you are to undergo rehabilitation programs that teaches how to, I suppose, keep away from the bad influences like you got into when you were 18 and how to avoid being involved in other criminal activity - like I say, learn to count to ten and do something other than what others are trying to influence you to do.

85Further, you are subjected to the supervision of a community corrections officer.  In relation to that supervision, just as I told Ms Christou, you get appointed to a corrections officer if, need be, will supervise that you are doing the things that you are supposed to be doing.  If you need any advice in addition to those who may be counselling, you will then access that individual for that purpose.  If you fail to attend for assessment and treatment, you are in breach.  Corrections will bring you back here, do you understand that?  And the same thing applies to the reoffending programs - if you fail to attend those programs, fail to comply, you are in breach and you are brought back, do you understand that?  Apart from 6AAA, is there any other orders to be sought?

86MR SINGH:  Your Honour, I may have misheard, has Your Honour ordered any gaol term in respect of Mr Seferovich?

87HIS HONOUR:  Yes, I have not made that - those are in relation to the summary offences, Mr McQuillan - you make sure he understands that.

88MR MCQUILLAN:  Yes, sir.

89HIS HONOUR:  It also relates to - if I can just go back to my notepad - the possess drugs and dependence count, so one count on the indictment of possessing drugs and all the summary offences, there is - one, two, three, four - four of them - three of them.

90MR MCQUILLAN:  Three for three.

91MR SINGH:  There is the firearms charge and drug charge on the indictment and the three summary charges.

92HIS HONOUR:  Yes, the possess drugs matter, you are sentenced to - what is it, 174 days?

93MR MCQUILLAN:  A hundred and seventy-nine.

94HIS HONOUR:  Sorry?

95MR SINGH:  One seven nine, Your Honour.

96HIS HONOUR:  Can be convicted and sentenced to 179 days of imprisonment.

97MR MCQUILLAN:  Yes - no, I agree with that, Your Honour.

98MR SINGH:  Yes, Your Honour, that would be the best thing to do.

99HIS HONOUR: Yes, the base sentence would be possess firearm, can be convicted and sentenced to 179 days of imprisonment, pursuant to s.18 of the Sentencing Act, he is to be given credit for having served 179 days of imprisonment on the possess drug charges and on the three summary offences - he is convicted and released on a community corrections order for a period of 12 months with the special conditions that I have just gone through with him. 

100Taking into account their relatively young age, it would have been reduced because of that, being young offenders.  I am bound to do that because of Mills and Azzopardi and all of those other cases, I believe I would have given each of them at least in the vicinity of 18 months and a minimum of 12 months' imprisonment.

101COUNSEL:  If Your Honour pleases.

102HIS HONOUR:  Now, you cannot leave yet but take a seat behind each of your barristers, you have got some documents to sign and when you have signed those you are then free to leave.

‑ ‑ ‑