Director of Public Prosecutions v Shalders
[2020] VCC 967
•30 June 2020
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
Case No. CR-19-00489
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| MICHAEL SHALDERS |
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| JUDGE: | Her Honour Judge Marich |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 5 June 2020 18 June 2020 |
| DATE OF SENTENCE: | 30 June 2020 |
| CASE MAY BE CITED AS: | DPP v Shalders |
| MEDIUM NEUTRAL CITATION: | [2020] VCC 967 |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr A. Grant (Plea) Ms J. Parker (Sentence) | Office of Public Prosecutions |
| For the Accused | Ms J. Swiney | Chris McLennan & Co |
HER HONOUR:
1Michael Shalders, you have pleaded guilty to an indictment containing one charge of armed robbery, which carries a maximum penalty of 25 years’ imprisonment, three charges of attempted armed robbery, which carry a maximum penalty of 20 years’ imprisonment, one charge of theft, which carries a maximum penalty of 10 years’ imprisonment, and one charge of possessing an imitation firearm whilst prohibited, which carries a maximum penalty of 1200 penalty units or 10 years’ imprisonment. A related summary matter, of committing an indictable offence whilst on bail, was uplifted into the hearing of the plea in mitigation of penalty and you pleaded guilty to this charge, which carries a maximum penalty of 30 penalty units or three months’ imprisonment.
2The circumstances in which you came to commit these offences are set out in the Amended Summary of Prosecution Opening, dated 22 June 2020, an earlier version of which was read into evidence at your hearing and tendered as Exhibit A1. The prosecution also tendered Amended Prosecution Submissions dated 22 June 2020 (Exhibit B1), and the Victim Impact Statement of Akhil Lopelly dated 28 May 2020 (Exhibit C).
3In addition to making oral submissions, your Counsel relied on a written Outline of Submissions dated 5 June 2020 (Exhibit 1) and a Psychological Report authored by Clinical Psychologist, Carla Lechner, dated 30 April 2020 (Exhibit 2). A bundle of character references was tendered as Exhibit 3, and Further Plea Submissions were filed as Exhibit 4.
4I have had regard to each of those exhibited documents in formulating my reasons for sentence, as well as the matters developed in oral argument.
Circumstances of the offending
5On the afternoon of Monday 21 May 2018, you contacted a friend, Zachary Blight, and asked him to collect you at an address in Melton South. After Mr Blight arrived at the address, you entered his car, and told him that you were waiting to see your ex-girlfriend. You asked Mr Blight to drop you at Lerderderg Gorge, and he left you there at about 5.00pm on the understanding that he would check with you later to confirm that you had been collected by your ex-girlfriend.
6The four complainants, Akhil Lopelly, Thirilochan Valupadasu, Jitender Vejella and Vishanand Nagavelli, all in their early 20s, studied together. They were not known to you. At about 5.00 pm on Monday 21 May 2018, Akhil Lopelly drove the four of them, in his 2005 Toyota Camry to the Mackenzie Flats car park.
7After parking the car, the complainants prepared to go for a walk. They saw you there, wearing a black hoodie and cap. You were near the entrance to the park and appeared to be watching them as they prepared for their walk. The group then set off on their walk, returning at about 6.00pm. You then approached them near their car and spoke to them about “smoking a joint,” and they told you that they did not smoke. You continued to follow them as they walked towards their car, and asked who was driving. They nervously answered you, and offered you a lift home. You told them that you would drive the car, and they told you that was not going to happen.
8You then subjected them to a terrifying ordeal. You produced a silver-coloured imitation firearm from the pocket of your hoodie. It had a silver barrel which was about 6 to 8 inches long. At this time, you were a prohibited person, having been subject to a Final Family Violence Intervention Order, in the five years preceding the date of the offending. This is the behaviour referable to Charge 6 on your indictment, of possessing an imitation firearm whilst prohibited.
9You then pointed your imitation firearm at the complainants and demanded that they give you the keys to their vehicle, and their mobile phones.
10The group did not respond immediately. You then pointed the gun at Jitender Vejella’s forehead and demanded the keys from him. He told you that he did not have the keys and turned out his pockets to show you that he had nothing in his pockets. You then pointed the gun even closer to Mr Vejella’s forehead and made further demands. Mr Lopelly, who was afraid that you would shoot them, threw his keys on the ground near the you. Mr Lopelly then handed his Redmi mobile phone to you. Your Charge 1, of armed robbery, relates to your armed robbery of Mr Lopelly of his car and phone whilst using the gun, the imitation gun. Your Charges 2 and 4 relate to your attempts to rob Mr Valupadasu and Mr Nagavelli of their mobile phones whilst using the imitation gun. Your charge 3 relates to your attempt to rob Mr Vejella of his mobile phone whilst pointing the imitation gun at his forehead.
11You then ran to the Toyota Camry and drove out of the car park in an erratic manner. Mr Valupadasu had left his Samsung S8 mobile phone in the car. The four complainants then fled into the bush land around the car park. After waiting for a period of time they called 000 and asked for the police to help them.
12As you drove away from the car park, along Lerderderg Gorge Road, you drove past another witness who was driving towards the car park; he noted that the vehicle was being driven at a fast speed and had its headlights on high beam.
13At about 6.50pm, police attended at the Mackenzie Flats car park. They were initially unable to locate any of the complainants. However, at 7.00pm the complainants walked out of the nearby bushland with their hands in the air and they were taken by police to the Bacchus Marsh Police Station.
14On 22 May 2018, you indicated your willingness to trade Mr Valupadasu’s phone for GHB. You sold it for $400. By this process, you assumed the rights of Mr Valupadasu by exchanging the phone for illicit drugs (i.e. GHB). This is the behaviour referable to Charge 5 on the indictment, of theft.
15On 22 May 2018 you sent an associate a Facebook message which included a picture of you holding a silver handgun with a long barrel, and then on 25 May 2018, you sent a series of Facebook messages to an unknown male associate, discussing finding someone to “roll”. You then sent him a photograph of a handgun with a silver barrel. He asked you if it was real and you replied, “yer.” I mention those facts only for context, as it is relevant to the police investigation in relation to the charged offence.
16You were on bail at the time of committing the armed robbery offence, having been bailed from the Bacchus Marsh Police Station on 12 May 2018. This is your summary charge, of committing indictable offence whilst on bail.
Investigation and arrest
17On 28 May 2018, the stolen Toyota was recovered in Eddison Close, Altona Meadows. Investigators could not locate the Samsung S8 mobile phone that had been left in the car by Mr Valupadasu. A phone check was conducted to find this phone, which was recovered on 31 May 2018 in another person’s possession. Police attended at a Bacchus Marsh address on Saturday 3 June 2018, and a set of keys fell from your pocket. You were then taken to the Bacchus Marsh Police Station; a search was conducted, and you were found to be in possession of a white and silver Redmi 4A mobile phone. On 4 June 2018, police seized your mobile phone and as part of their investigation photographed the series of Facebook messages that you sent between 21 and 25 May 2018.
18On 25 June 2018, you declined to be interviewed by the informant. Subsequently, three of the complainants identified you as being their assailant.
Plea of guilty
19You were charged in relation to these offences on 18 July 2018, at which time you were on remand in relation to unrelated matters which later resolved - your pre-sentence detention in relation to this matter therefore commenced on 6 October 2018. The matter proceeded to contested committal, and your victim Jitender Vejella was cross-examined as to the issue of the identity of the offender. On 2 December 2019, around the time of your final directions hearing for trial, the matter resolved after you indicated a willingness to plead guilty to the proceeding charges, and you were arraigned on 19 December 2019 with the matter then being adjourned for plea in mitigation of penalty (and later rearraigned on correct charges).
20I take into account in mitigation of penalty your plea of guilty entered at final directions, and in this case not only is there utilitarian benefit of that plea, avoiding the need for further attendance for cross-examination by Mr Vejella, and the necessity of other witnesses being cross-examined, but it is also indicative of your remorse, which is a topic to which I will return, and I take that into account as well.
21Your counsel submitted that there was a delay in this case between the date of arrest and the date of your plea in mitigation of penalty in June of this year, and it was submitted that the period on remand had been burdensome as a result of not having access to all courses and opportunities of sentenced prisoners, and living with the uncertainty of the sentence. It was submitted that this delay mitigated sentence. I do not accept this argument as the very significant majority of that period is the customary period that it takes a contested matter to reach its final directions hearing. Once you indicated your willingness to plead guilty, the first available date for plea was booked in, and the court did not receive any later request or inquiry as to the availability of an earlier date. Of course I will reckon the period of time spent in pre-sentence detention in relation to your sentence.
Effect on the victims
22One of your victims, Akhil Lopelly, has provided me with a victim impact statement (Exhibit C). As a result of the armed robbery that you committed upon him, by pointing your gun at his associate’s forehead leading to his loss of his car and phone, Mr Lopelly told me that he used to love travelling, exploring new places, and meeting new people, but he now feels restricted from travelling around freely and starting a conversation with strangers. Understandably, he is not sure who he should trust, and feels threatened when approached by a stranger.
23He told me that the first three months after the incident were the hardest, and he used to wake up in the middle of the night and even the slightest noise of wind on the roof of his house used to scare him. He felt like his house could be invaded at any time, since you had his house keys. He used to find himself isolated, and he found it difficult to sleep at nights. He found it very hard to concentrate on his studies, and he could not eat well. He used to feel helpless and hopeless throughout the day, and even medication did not help him. He would feel very stressed and anxious, and would find himself lost in scary thoughts as to how things could have gone worse that evening. He used to re‑experience those events every day.
24He was diagnosed by his GP with post-traumatic stress disorder.
25I have not received a victim impact statement from the other victims. I can safely infer that this was a deeply traumatic event for them, which I understand that you accept from your discussion with Ms Lechner.
Personal circumstances
26You were 26 at the time of offending, and are now 28 years of age.
27You are the youngest of four children born to your parents, and you have two older brothers and a sister. Your sister is a person with whom you are especially close.
28Your father was a hard worker, and worked in his own transport businesses.
29Your parents still live in your family home in Taylors Lakes. You attended St Mary MacKillop Primary School in this suburb, but you struggled with learning after a diagnosis of Attention Deficit Hyperactivity Disorder. You then attended high school at St Bernard’s College in Essendon until year 9, then a feeder VCAL course in Year 10, and then Sunshine Technical School to complete Years 11 and 12 in VCAL. You were a keen football player for Taylors Lakes, then St Bernard’s.
30You also have been a good worker, commencing in employment at the age of 14 years and 9 months, which is the earliest you can begin work, working at Subway at Highpoint. You worked there for three years, until you commenced an apprenticeship at Whitehorse Truck and Bus Company, and you are now a qualified diesel mechanic. You worked in that profession and driving trucks and cranes, until you were unemployed in the six months prior to your remand as a result of your drug use escalating to a problematic level.
31You have admitted five prior Magistrates’ Court appearances dating back to August 2015. On that date, you were found guilty of threat to inflict serious injury, and possess dangerous article, and were placed on a bond. Convictions for driving offences and theft followed in 2016, and then in February 2017 you pleaded guilty to offences including persistently contravening a family violence intervention order for which you were fined. Other convictions have followed. This is your first period in custody and I have been told, and I accept, that it has been of considerable salutary effect upon you.
32You were partnered with a woman, whom you met when you were 19, and you share a daughter, Billie, aged six and a half, who was born when you were 22. Your relationship broke up about five years ago in the context of your drug addiction, which escalated significantly after you separated. Since you have been remanded into custody and clean from drugs, you have had good contact with Billie and you and your ex-partner are back on positive terms.
33Your ex-partner and her family remain supportive of you during your period in custody, and will continue to support you after your release, and I will return to this issue when I summarise the volume of references that I have received on your behalf.
34In relation to your history of drug consumption, you started using illicit drugs at the age of 17, and you found that initially ice gave you focus and you stopped fidgeting and fiddling. Initially, you managed to continue working whilst using and your family was not aware of your habits until you were 22; this also coincided with your first criminal charges, to which I will return. In your early twenties your use of ice escalated to a couple of points a day and by 2018 you were using up to half a gram a day in addition to GHB. You have also tried cocaine and used Xanax occasionally, but you denied use of other drugs when you were assessed by Ms Lechner. You had used GHB prior to your current offending.
35You have twice attempted drug rehabilitation programs, but they have not been successful. Your family has been aware of your drug use since your early twenties, and has endeavoured to support you during each period of rehabilitation. You have been abstinent from drug use whilst in custody, and your family reports great change in you since you have been remanded.
36I have received a bundle of references from your extended family and friends (Exhibit 3). Your older sister Samantha Italia told me that she wholeheartedly supports you in turning your life around. She knew you as a shy, very thoughtful, hardworking, driven boy with the world at your feet. Your personal issues led you to delve deeper into your drug use, and she tells me that the more you used, the harder your life became. You lost your first and only love, you lost your great group of friends from high school, and you were caught driving on drugs and lost your license. She and your family, on advice, cut ties with you until you decided to get help, and she says that you told her that you had given up, you lost everything, and you couldn’t see a way out at the time of your offending.
37Since you have been on remand, she says, the loveable you has come back to them, and jail has allowed you to rest, clear your mind, reflect on your actions and figure out a way that you can restart your life. You have told her how guilty you feel, and how scared you would be if the shoe was on the other foot. You feel disgusted by your actions. You are prepared to see a psychologist regularly and take medication for your anxiety, and you have a burning desire to start your new life. You are petrified you will lose the bond with your daughter and her mother. Samantha has brought your daughter to visit you in jail, but has been unable to, since the COVID-19 crisis. When you come home, you will have a roof over your head, a loving family, a beautiful daughter, a job and a psychologist ready to go.
38Samantha’s husband Paul Italia told me that you were already using when he met you, and he did not particularly like you at all. All he saw was a family that went above and beyond to help someone who did not seem to care about anything, and this would often frustrate him as his wife was wasting her time as you seemed to have checked out mentally. Since you have been in jail, you have reached out to him which he didn’t expect, and you thanked him for making an effort with your daughter Billie and being a father figure until psychologically you are ready to be one yourself. You apologised for hurting Mr Italia’s wife and taking up so much of her time. You have spoken to him about your anxiety, which he experiences too. Once you are released, he is happy to support you and he can finally see why his wife tried so hard with you and never gave up.
39Your father Daryl told me that growing up, you were his little shadow, and you had always been thoughtful and funny. He was always so proud of you as you seemed wise beyond your years, and you trained to become a mechanic and you both hoped you would eventually join the family business. The only time you haven’t worked since you were 14 was the six months prior to this offending. Your drug abuse was a slow spiral out of control. Your father, mother and sister worked tirelessly to educate themselves about how to help you to rehabilitate, and they were scared you would end up dead if they didn’t take action. You decided to attend rehab at Recover Oz, and you ended up leaving after two months. Turning their back on you was the hardest thing they have ever had to do. Until the COVID crisis, your parents had been driving the three hour drive to visit you, but now they are prevented from doing so. After your release, you are planning to do courses together, and you have plans of working with him to slowly return to a normal life. You have concerns about the effect of your custody on your daughter Billie and her mother, and you call your sister every day for reassurance. He says that you need to be working, need to be seeing a psychologist, and you wish to make amends for your wrongdoing.
40Your ex-partner Carley Trajkovski told me about your history together and your response to the charges. Before you were arrested and sent to jail you were selfish with a “poor me” mentality, and the drugs had taken a tight hold of you. Jail has helped you recover by removing you from the dark situation, and forced you to reflect and deal with your issues without sneaking off and using drugs. Your daughter Billie was four when you went to jail and she can’t remember having a dad around. The virus has made things hard as when a video conference is booked you don’t get to choose the time, and as she works full time as a case worker and Billie is at school sometimes they miss out. When you are released you will live with your parents and they can drive you to doctors’ appointments and to work. You will be working with your dad. You have strong support outside jail, and they miss you very much. She is reassured you will win your addiction battle.
41Carley’s father Strate Trajkovski told me he worked alongside you for 12 months and he saw how driven and hardworking you are. He considers you to be an intelligent, engaging, hardworking and considerate person, who has the potential to achieve great things for yourself in your lifetime if you continue to utilise these virtues. Your addiction took hold of you and that caused changes which led to his daughter breaking up with you. You would turn up at his house crying and asking to see your daughter. He feels that if the purpose of jail is to rehabilitate, this has worked in your favour, and you are eager to be with his daughter and continue life on the outside. You are contrite for your actions.
42James McClean told me he has known you since you were 11, and you went to St Bernards together. You were the glue and the father figure in their group. When they found out you were using drugs they were all very shocked and didn’t believe it at first, then they all saw how much you had changed. He hasn’t seen you in jail, you won’t let any of them visit and you don’t want them to see you in there.
43 Clinical Psychologist, Carla Lechner, assessed you and told me about a significant childhood trauma that you experienced from the age of about 9-10 years for a couple of years. That caused you considerable and understandable anxiety which you blocked out for many years, but which “came up” whilst you were in rehabilitation. You have experienced other stressful events in your life including a bad car accident, and being badly bashed for a drug debt, which in their combination have caused post-trauma symptoms, including hypervigilance to danger, generalised anxiety, avoidance, flashbacks, and nightmares. You have not sought treatment for those symptoms, as Ms Lechner recommends, long term that you are willing to commit
44 You are of average intelligence, in Ms Lechner’s view, but you are easily overwhelmed by social and emotional factors that, together with your drug use, undermine your judgment and decision making. In her view, you have information processing problems (ADHD), and your biggest problem is anxiety. She has diagnosed you with Generalised Anxiety Disorder, and you report that you consumed ice which initially helped you to manage your anxiety, but with increasing amounts of the drug it aggravated your anxiety. You are currently prescribed the antidepressant Avanza.
45 You expressed your remorse for your offending to Ms Lechner, and you appreciate how traumatising your behaviour would be, and continues to be, to your victims.
46 Since you have been in custody, you have completed as many courses as have been available, worked as a unit billet, and have reconnected with your family, former partner, and daughter.
Objective gravity of the offending, moral culpability
47Your counsel has conceded that the offending was serious and frightening for the victims in the matter. It was submitted that your offending was spontaneous, in that you did not attend the site for the purpose of armed robbing one victim, and attempting to armed rob the other three, and your offending was conducted under the influence of drug use. Your counsel told me that you took the imitation firearm to the scene for self-protection during your intended drug purchase.
48I share the view of the learned prosecutor, as outlined in the written submissions (Exhibit B1), that this offending shows various features that are most grave and serious. Your offending was committed at Lerderderg Gorge, a relatively remote location. It occurred at 6pm on a May evening, when the sun had set. The young men who were the targets of your offending were not known to you. You took an imitation firearm to the location and, when you found that you were stranded for a period of time, you were determined to use it to affect your goal of obtaining their car, and you did so when they returned from their walk. Though it may have been an impulsive and drug affected decision, you were quick to take advantage of the situation in a most serious and terrifying way. It will have lasting effects on the victims, in consequence of their very real terror. You were on bail at the time as you were well aware. You have a prior matter for a threat to inflict serious injury, but this offending represents a very serious escalation in your offending when compared with your criminal history.
49You used the imitation firearm by applying its silver barrel to the head of the victim Jitender Vejella. A demand was made for a car and mobile phones, and resulted in the successful completion of Charge 1, your armed robbery of Mr Lopelly, and your attempts upon the other victims. You departed the scene, leaving the victims in isolation and darkness. They were sufficiently frightened by your terrifying behaviour that they hid until police arrived. In my view, Charge 1 is a serious example of the serious offence of armed robbery, involving the use of the imitation firearm upon Mr Lopelly’s associate in his presence, leading to the loss of his car and mobile phone, and the other circumstances that I have described.
50For the same reasons, the other charges fall into the same characterisation, albeit that the other three armed robbery charges were attempts only, and not a completed offences, and have a lower maximum sentence, but they involve the menacing application of that imitation firearm to Mr Vejella’s forehead.
Rehabilitation
51I must evaluate your prospects for rehabilitation as part of the sentencing exercise.
52 You have shared with Ms Lechner and your family your strong motivation to stay off drugs and out of trouble. You have a limited criminal history, and this is your first period of imprisonment. Your family has shown and continues to show their unequivocal support. Unlike others in the same position, you have a family home to go to upon your release. You have committed to psychological treatment for your conditions which lie underneath your serious drug addiction. Your father will employ you, and your family will take you to the necessary appointments. Each of these factors is supportive of your prospects for rehabilitation. With some caution, I am prepared to evaluate your prospects for rehabilitation as good, and I intend to allow a longer than customary period of parole eligibility. My caution is due to the fact that your contrition and understanding of your own addiction comes from the controlled environment that prison represents for you. It has forced your remission from drug abuse. Within the community, it will fall upon you to remain abstinent. Time alone will tell whether you are able to.
Relevant sentencing principles and current sentencing practices
53I take into account the purposes for which sentence must be imposed, and the need for deterrence, both general and specific. Whilst you have insight into the link between your drug usage and your criminal acts, this is not your first appearance before a court for an offence involving a threat.
54The sentence I will impose will punish you and denounce your behaviour, whilst allowing for your continued efforts at rehabilitation.
55I note that your remand coincides with the unhappy and serious risks posed to you and other prisoners by the COVID-19 virus, and whilst you were remanded prior to the current necessity to isolate incoming prisoners, you are deprived of some of the ordinary concomitants of custody such as face-to-face visits, courses, and employment activities, as well as being subject to periodic lockdowns that interfere with your freedom. This is very relevant in your case, given the evidence I have received in your character references as to your parents, and sister’s willingness to visit you weekly, and ensure your continued contact with your daughter Billie. Those visits are suspended at the moment, and the situation bears heavily upon you given your anxiety condition, your relative isolation, and your willingness to continue to rehabilitate in custody. I take these circumstances into account in mitigation of sentence.
56I am obliged to have regard to current sentencing practices in determining sentence, though I note the guidance of the High Court in DPP v Dalgliesh[1] that current sentencing practices are one of the many factors that must be taken into account in sentencing in addition to all of the other matters I have referred to. I have read and considered the cases of Piacentino v The Queen,[2] DPP v Heyfron,[3] Ah-Kau and Ofamooni v The Queen,[4] Sharp v The Queen,[5] and Middleton and others v The Queen[6] referred to by the Prosecution and am of course aware of current sentencing practices in relation to the charges.
[1](2017) 262 CLR 428.
[2][2019] VSCA 153.
[3][2019] VSCA 23.
[4][2018] VSCA 296.
[5][2018] VSCA 40.
[6][2018] VSCA 23.
Sentencing submissions
57Both prosecution and your counsel conceded that a sentence of imprisonment with a minimum to serve was appropriate in all of the circumstances of your case.
Sentence
58On Charge 1, of armed robbery, you are convicted and sentenced to four years and three months’ imprisonment. This is the base sentence.
59On charge 3, of attempted armed robbery, in which Mr Vejella is the victim, you are convicted and sentenced to three years’ imprisonment, six months to be served cumulatively upon the base, and upon other sentences;
60On charges 2 and 4, of attempted armed robbery, convicted and sentenced to two years and three months’ imprisonment on each charge; three months on each charge to be served cumulatively upon the base and upon other sentences;
61On charge 5 of theft, I will impose three months’ imprisonment to be served one month cumulatively upon the base and upon other sentences;
62On charge 6, possess imitation firearm whilst prohibited, I will impose 18 months’ imprisonment to be served two months cumulatively upon the base and upon other sentences and;
63Charge 11, that is the related summary offence – commit indictable offence whilst on bail, two months’ wholly concurrent with other sentences.
64Now we can check the maths, but the total effective sentence, which is my intent, is five years and six months’ imprisonment with a minimum of three years and four months to serve before parole eligibility.
Pre-sentence Detention
65In relation to pre-sentence detention, I declare 634 days pre-sentence detention, excluding today.
Section 6AAA declaration
66In relation to the s 6AAA declaration of the Sentencing Act 1991 (Vic), I declare that had you pleaded not guilty to these charges and been found guilty, I would have sentenced you to seven years’ imprisonment with a non-parole period of five years.
67
Ancillary Orders
68 Are there any ancillary orders sought Madam Prosecutor?
69 MS PARKER: Sorry, Your Honour, there are no ancillary orders sought in respect of the matter. I must just note for completeness, that further summary charges 6, 7, 8 and 9 - and 10 - were transferred, so I will just seek that they formally be withdrawn, Your Honour.
70 HER HONOUR: Yes, It is reflected on our order, so that has been done.
71 COUNSEL: Certainly, thank Your Honour.
72 HER HONOUR: Thank you very much, and Madam, have you had the chance to double check the numbers? What we will do is, I will not put you on the spot, but if I have made an error in my arithmetic, we can correct it under the slip rule. I am reasonably certain that I have not.
73 COUNSEL: Thank Your Honour. Your Honour, could I just check Charge 4.
74 HER HONOUR: Yes.
75 COUNSEL: I missed the months and the cumulation on Charge 4, so it was two years and three months, and two months cumulation?
76 HER HONOUR: No, three months on each. So on Charges 2 and 4, two years, three months on each, and three months on each to be served cumulatively.
77 COUNSEL: And the non-parole period, three years and four months?
78 HER HONOUR: Four months, less PSD.
79 COUNSEL: Yes, Your Honour.
80 HER HONOUR: Yes, thank you very much. I will stand down.
81 MS SWINEY: As Your Honour pleases.
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