Director of Public Prosecutions v Sharp

[2017] VCC 460

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-01714
CR 15-01713
CR 15-01710

DIRECTOR OF PUBLIC PROSECUTIONS

v

CHRISTOPHER SHARP
BENJAMIN SHARP
NATHAN LACK

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Melbourne
DATE OF HEARING:	21 April 2017
DATE OF SENTENCE:	24 April 2017
CASE MAY BE CITED AS:	DPP v Sharp
MEDIUM NEUTRAL CITATION:	[2017] VCC 460

REASONS FOR SENTENCE
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Subject:  Armed Robbery, Handling stolen goods.  Trafficking in a drug of dependence; Prohibited person possess a firearm
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr J. Shaw	OPP
For Accused Benjamin Sharp	Mr B. Lindner	Stary Norton Halphen
For Accused Christopher Sharp	Mr P. Kilduff	Ann Valos
For Accused Lack	Mr A. Halphen	Lethbridges

Pages 1 - 17

 

 

HIS HONOUR: 

1Christopher Sharp, Benjamin Sharp and Nathan Lack, you have all pleaded guilty to one charge of armed robbery committed on 30 November 2014.

2In addition you, Benjamin Sharp, have pleaded guilty to one charge of handling stolen goods, and one charge of trafficking in a drug of dependence.

3You, Nathan Lack, pleaded guilty to an additional charge of being a prohibited person possessing a firearm.

4The facts of your offending are set out in Exhibit A, the prosecution plea opening.  I incorporate that document into these reasons for sentence, and I sentence each of you on the basis of the facts set out therein.

5Briefly stated, the three of you were involved in a carefully planned and executed high level armed robbery.  You robbed a cash carrier of $287,750 using a shotgun and a handgun.  A stolen vehicle with stolen plates was employed in the armed robbery.

6You, Benjamin Sharp, have admitted handling that stolen vehicle.  You also were complicit in the trafficking of 310 grams of methylamphetamine from Victoria to Western Australia.  That methylamphetamine had a purity of between 80 and 90 per cent.

7On 22 January 2015 you, Lack, were apprehended in a unit in Williamstown in possession of a Colt M16 assault rifle and fully loaded magazines.

8The full details of all offending are set out in Exhibit A and need not be repeated in these reasons for sentence.

9Each of you have admitted prior criminal records.  You, Christopher Sharp, have one appearance on 3 October 2014 at the Sunshine Magistrates' Court, where you were convicted of driving whilst suspended, handle stolen goods, intentionally destroying property, theft of motor vehicles and theft from motor vehicles and other charges, and were released on a community corrections order for 12 months.

10You, Benjamin Sharp, have a number of prior appearances.  First, on 28 November 2014, well, a number of charges from one appearance, frankly.  They all occurred on that day.  You were convicted of driving while disqualified; committing indictable offence on bail; driving while your driving authorisation was suspended; failing to answer bail; failing to stop the vehicle on police request; dangerous driving whilst pursued by police; and other traffic offences, and you were released on a community corrections order for 18 months.

11You, Lack, on my calculation, have 71 prior offences from 13 separate court appearances between September 1997 and June 2014.  You have significant relevant prior convictions.

12On 11 September 2011, you were before the Sunshine Magistrates' Court on charges of handling stolen goods; possession of proceeds of crime; attempted theft from a motor vehicle; loitering with intent to commit indictable offences; going equipped to steal; and various traffic offences.  You were released on a community-based order for six months.  You appealed that, and this court allowed your appeal and fined you an aggregate sum of $1,000 and suspended your license.

13On 30 November 2001, you were before the Sunshine Magistrates' Court on charges of theft of a motor vehicle, seven separate charges; possession of stolen goods; attempted theft, and you were released on a community-based order for nine months.

14On 7 May of 2002, again before the Sunshine Magistrates' Court, you were convicted of loitering with intent to commit an indictable offence; two counts of theft of a motor vehicle, and released on a community-based order for 12 months.

15On 1 July 2003, you returned to Sunshine Magistrates' Court on traffic offences including driving at a speed dangerous, and significantly for being a prohibited person possessing a firearm and failing to secure a firearm in a proper manner.  You were again convicted and fined an aggregate sum of $1,000, and orders made in respect of your license.

16In Western Australia, on 3 February 2005 you were convicted before the Perth District Court of ten charges of stealing and six charges of theft of motor vehicle, and you were sentenced to a term of imprisonment of two years. 

17On 24 May 2005, you were again before the Perth District Court and convicted of four charges of stealing or attempted stealing, and sentenced to 12 months' imprisonment.

18On 26 September 2006, significantly, before the Perth Magistrates' Court you were convicted of possessing a firearm with circumstances of aggravation, and sentenced to 12 months' imprisonment.

19On 5 November 2008, again the Perth District Court, you were convicted of possession of a prohibited drug with intent to sell or supply, and sentenced to four years and eight months' imprisonment.  After serving 14 months, you were transferred to Victoria and released on parole.

20In Victoria again, on 20 June 2014 you were convicted of possessing amphetamine; possess MDMA; and possessing an unknown drug of dependence, and you received a two month term of imprisonment, wholly suspended for 12 months.  It follows that the offences for which I am to sentence you, occurred whilst you were on that suspended sentence.

21The victim of your armed robbery, Mr Oliver, completed a victim impact statement, Exhibit B.  He states that your actions have changed his life completely.  He said:

"Prior to the events that occurred on Monday 1 December 2014, I was strong, self-confident and determined.  As an ex-member of the defence force, I have experienced my fair share of intense situations, but the experience of that Monday morning far outweigh anything that I have faced in the past.  It's one thing facing an enemy with an army at your back, well-equipped and with good intel.  But to look down the barrel of a pistol and a shotgun, unarmed, alone, and with no protection, is another thing.  My trust in people is all but destroyed.  I have even trouble enjoying a quiet drink with my partner, family or friends".

22He feels anxious and wary.  He is constantly looking over his shoulder.  He suffers from insomnia, fatigue and depression, and has required counselling.  I take the victim impact material into account in sentencing you.

23Turning to the nature and gravity of your offending, in my view the extensive preparation and planning carried out prior to your armed robbery; the theft of a motor vehicle and plates; the calculated and careful implementation of your collective plan; the use of a handgun and sawn-off shotgun; and the significant amount of money stolen, place your armed robbery offence at the high end of such offences.

24The drug trafficking offence committed by you, Benjamin Sharp, involved the movement of a significant quantity of high level purity methylamphetamine.  A commercial quantity of pure methylamphetamine is 100 grams; mixed 500 grams.  Although you are not charged with trafficking in a commercial quantity, those figures show that your trafficking offence involved a significant quantity of drugs.  Your offence, in my view, was a serious example of trafficking simpliciter.

25Your offence of handling stolen goods in my view is, in reality, a preparatory step for the armed robbery, and the sentence for that offence should be served concurrently with the armed robbery sentence.

26Your possession, Lack, of the assault rifle whilst being a prohibited person is, in my view, a very serious example of that offence. 

27The weapon was a military assault rifle, capable of firing in fully automatic mode.  It fired large calibre rounds over long distances.  The weapon was obviously functional.  You have prior convictions for firearm offences.  You were involved in serious violent offences at the time you possessed that weapon.  You had no legitimate reason to possess the weapon, and there is no legitimate use for it.  It is designed solely to kill numerous people quickly.

28For those reasons, I am satisfied beyond reasonable doubt that you possessed the assault rifle for a purpose associated with ongoing criminal activity, thus leading me to conclude that your offending falls at the top of the range for such offences.

29Turning now to the personal circumstances of each of you, and dealing with you first, Christopher Sharp.  You are now 26 years old, being born on 7 February 1991.  You were 23 years old at the time of your offending.  Your personal history is set out in detail in your psychological reports, tendered on your behalf as Exhibits 4 and 5.

30You were born in Moorabbin and grew up in the Oakleigh area, then Melton and Point Cook.  You completed year 11 at Salesian College, Chadstone, then year 12 at TAFE.  Whilst at school, you worked in the family fish and chip business and completed a pre-apprenticeship in cabinet-making.  You have been in a relationship for nine years, and have a 22-month-old son, probably now two years old since I wrote this.  You have worked as an excavator and as a scaffolder.

31Your partner's mother died in mid-2013.  You were close to her and became significantly depressed.  Your use of methylamphetamine escalated.  You used daily in the 18 months leading up to your offending.  You have also been medicated, and continue to be, for depression.

32Your counsel relied significantly on the steps you have made towards rehabilitation subsequent to your offending, and whilst you have been in custody over the past two years.  Evidence was called at your plea from Ms Anne Hooker, the youth development officer from Port Phillip Prison Youth Unit.  Her written report to the court is Exhibit C2 on your plea.  She stated in that report:

"When Mr Sharp first arrived at the youth unit, he presented as a young offender who was considered easily influenced and easily led in the prison system.  He appeared to try and please everyone by not taking a strong stance on any issues, and playing it safe by sitting on the fence.  Unit staff commented that Sharp presents as a young man who is polite, well-mannered and respectful, and he appeared to lack confidence.

"Despite this, Sharp has managed to apply himself, and he presents as enthusiastic and slightly withdrawn towards other prisoners or staff.  He has displayed a willingness to do anything, with an inability to stand up for himself attitude to various situations.

"However, recently it has been noted by a number of unit officers and counsellors who work with Sharp, that his overall attitude and general behaviour have improved.  This appears to have coincided with the opportunity to take on a prisoner-mentor role.  Sharp does appear to be making genuine efforts to increase his self-esteem and confidence. 

"During his time at Port Phillip Prison, Sharp has had an extremely positive attitude to work, and has held a position in maintenance for almost the duration of his time at Port Phillip.  This position, combined with a prisoner-mentor role, has highly trusted duties that require the top security clearance for prisoners.  Sharp was always willing to help out and lend a hand and perform extra duties as requested of him.  Due to his ability to remain calm and be a positive role model, his high attendance in programs, the staff felt that he would be perfect for the role.

"Throughout his time in Port Phillip, Sharp has effectively engaged in programs and activities, and managed to abide by unit rules".

33In evidence, Ms Hooker said that she has rarely given evidence over her 18-and-a-half years with the prison, but she did so for you because of the way you have behaved since being in custody.  You underwent training to be a mentor, and ongoing monthly peer support training.  You have grown into your role and become involved in programs, and stressed the importance of giving back to the community.

34You are described by Ms Hooker as quiet, likable and respectful.  She is of the view that your prospects for rehabilitation are excellent, as you have demonstrated a willingness to gain skills and to learn.  You are said to be committed to the future with your partner and your child.

35I was very impressed with Ms Hooker's evidence and accept her views as to your future prospects.

36You wrote a letter to the court, Exhibit C3, confirming your resolve to remain offence-free in the future.  You said:

"It's of extreme importance to me, my family and the community that I turn my life around and never offend again.  With this in mind, during my time on remand I have fully participated in rehabilitation programs available to me.  I really messed up the 12 months prior to my arrest in February 2015, but I know I possess the maturity and intelligence to ensure my rehabilitation prospects remain high.

"One factor that has weighed heavily on me is that my son Lucas, now 22 months old, was born after my incarceration.  He needs me now more than ever.  My wonderful and loving partner, Kim, also needs me to help support Lucas".

37If those sentiments are adhered to, I accept that your prospects for future are very good.

38Your partner Kimberly is also promoting your rehabilitation.  She states in Exhibit CS6:

"I gave Chris an ultimatum, that he needed to change for Lucas and me, otherwise I could not wait around for him.  Chris has really made the most of every opportunity provided to him.  Chris has also tried his best to bond with Lucas on visits and calls five times a day to check on us.  Chris has told me that he does not want to miss out on any more of his son's life, and has made a promise to me to continue his good work in prison.  I really hope that the changes Chris has made are permanent, and I will continue to support him in a hope that your family can be reunited".

39Your counsel also relied upon your plea of guilty.  That plea was entered after a contested committal, but nonetheless has significant utilitarian value.  You spared the community the cost of a criminal trial, and your victim and other witnesses the need to give evidence in court.  You are entitled to a reduction to the sentence I would otherwise impose for your offending, and I will return to the effect of that reduction subsequently.

40Obviously I take into account your age.  At 23 you were a youthful offender, and it is clear that you have significantly matured since your offending.  Rehabilitation is a significant factor in your case.

41I accept that you have demonstrated remorse for your offending, not only by your plea of guilty but in the letter you wrote to the court, to which I have previously referred, and I take that remorse into account in sentencing you.

42Because of the mitigatory factors to which I have referred, I have significantly reduced the term of imprisonment I must impose for your offending.

43Turning to you, Benjamin Sharp, you are now 30 years of age, being born on 10 July 1986.  You were 28 at the time of your offending.  Your personal history is set out in the report of Patrick Newton, psychologist, Exhibit BS2 on your plea.

44You were a gifted sportsman as a child and, after completing your VCE, were drafted by the West Coast Eagles AFL football team in 2004.  You were then 18 years of age.  As a result, you progressed no further with your education.  You have worked as a scaffolder, in excavation, and in transport, but football was primarily your focus.

45You developed what was described by your counsel as a "party lifestyle", abusing illicit drugs.  That drug use saw your first significant relationship dissolve in 2010.  In 2011 you had commenced another committed relationship, but your drug habit and financial pressures saw that relationship end in 2014.

46You moved to Perth in 2004 to take up your position with the West Coast Eagles.  You started using cocaine.  You claimed it was part of the culture that existed at the football club at the time.  The report referred to this morning and provided by your counsel from Mr Gillard J in relation to that football club, exposes the extent of drug use at that club.  You claim that senior members of the club required you to be "in our out"; either you used, or your left.  You chose the former.  You regularly used cocaine and then, from 2006, methylamphetamine.

47You returned to Melbourne in 2008 and tried a six month drug rehabilitation course, but could not control your ice use.  You played football for Werribee VFL team from 2011 to 2013, when you broke your leg and thus ended your career.  Thereafter, your ice use intensified.  You used it on a daily basis, and it is against this background that you offended in 2015.

48You have been on remand since and claim to be drug-free.  Mr Newton expressed the opinion:

"Mr Sharp has made good use of his time on remand to date. to begin the process of bringing a severe drug addiction under control.  He has developed good awareness of the severity of his drug-related problems, and this has provided the foundation for a determination to implement ongoing change.  Together with his good family support, his intelligence and his current psychological stability, the indications for his ultimate prognosis are considered to be good.  Clearly, a need for continued treatment in Mr Sharp's case.  Ideally that should take place in a supervised setting, where his compliance can be monitored".

49Your prior court appearance relates to you being involved in an ice-fuelled car chase by police.  You were clearly totally out of control.

50Now, since being in custody, you have got fit, physically; started to address your drug issues.  Clearly your future prospects for rehabilitation depend significantly upon your ability to remain drug-free.  You will require support and supervision in that regard, hopefully from the Parole Board.

51Like your brother, you continue to enjoy family support.

52I accept that drugs compromised your perception and judgment over an extended period of time.  You have completed courses and programs in custody, and they are tendered as Exhibit BS5.  You have completed a relapse prevention program, a coping inside program, and a certificate in cleaning operations.  Negative drug screens were provided to the court.

53Your involvement with drugs prior to and at the time of your offending does not in any way excuse your offending.  It does, however, give the court some understanding of how an intelligent sportsman from a hardworking family can find himself where you now sit.

54I take into account in your favour your pleas of guilty.  Such pleas indicate remorse for your offending and have significant utilitarian value.  Like your brother you have spared the community and the witnesses the expense and trauma of a criminal trial.  You, too, are entitled to a reduction to the sentence I would otherwise impose, to reflect those pleas of guilty, and I will return to the effect of that reduction subsequently.

55I also take into account the fact that you have experienced some hardship in custody.  You were placed in solitary confinement when falsely suspected of involvement in the prison riots.  That four month confinement made your time in custody more onerous than it was for others.

56Turning to you, Nathan Lack, you are now 35 years of age, being born on 14 December 1981 in Melbourne.  You were educated to year nine level before completing a four year signwriting apprenticeship.  You have worked as a spray painter, spraying vehicles, last working in 2012.  You have lived predominately in Victoria, although you were in Western Australia between 2003 and 2007.

57As previously outlined, you have an extensive involvement with criminal offending both in Victoria and in Western Australia.

58You were released on parole in June 2011 and successfully completed a two year parole period.  You moved out of your mother's home and commenced a relationship with a drug-user, and subsequently relapsed into drug abuse.  I was informed that you have been a long-term user of methylamphetamine, and that ice use underpins the extensive prior criminal history to which I have referred.

59You have the ongoing support of your mother, who provided a reference upon your plea, Exhibit L4.  That reference outlines some of the difficulties you experienced growing up, and subsequently.  She has supported you over the years and states:

"I have continued to support Nathan since his remand in custody two years ago.  Nathan has tried to better himself during his custodial time by commencing schooling.  He has recently involved himself to complete a certificate in English.  He has kept busy by working around the facility as a painter, and collecting laundry.  Nathan is very limited with movement to better himself, so has resorted to working out at the gym.  I have confidence that Nathan can be a trusted and valuable member of society".

60You are fortunate to continue to have your mother's support over the years.

61Your counsel filed written submissions, Exhibit L1, upon your plea.  He submitted that your armed robbery offence should be distinguished from higher end armed robbery offences, but as I indicated previously, I do not accept that submission.

62Mr Halphen properly relied upon your pleas of guilty, although those pleas were entered only late, in August 2016, and although you subsequently unsuccessfully sought to change your pleas of guilty, you are nonetheless entitled to a reduction to the sentence I would otherwise impose, to reflect the utilitarian benefit of your pleas of guilty.  I will return to the effect of that reduction subsequently.

63Your prospects for rehabilitation must be regarded as doubtful, given your prior criminal history.  However, you have demonstrated an ability to comply with parole conditions, and have the support of your mother.  In addition, you have employment available for you, with Mr Scott Bradley upon your release, and in my view you are not without some hope for the future.

64I have taken into account the contents of the neuropsychological report of Susan Carey tendered upon your plea, Exhibit L3.  Ms Carey reports:

"From a cognitive point of view, Mr Lack has a number of cognitive deficits that may have contributed to impulsive actions, difficulty understanding the consequences of actions, and trouble processing information more generally.  Because of his SRBI, he is also more vulnerable to negative peer influences.  So while it is difficult to establish a causal link between Mr Lack's specific offending behaviour relating to the armed robbery, and his cognitive impairment, his SRBI is of sufficient severity to have contributed at least in part to his offending behaviour, relative to an individual without his cognitive impairment.

"Of note, his methylamphetamine use at the time would have exacerbated his cognitive dysfunction.  There is a less tenuous link between Mr Lack's SRBI and his firearms possession, particularly as this is a behaviour that he has been sentenced to prison for previously, and may better represent an ingrained pattern of behaviour rather than reflect cognitive impairment.

"On balance, Mr Lack reported approximately ten years' history of heavy amphetamine use that has resulted in a substance-related brain injury that has predominately affected his speed of information processing, new learning and memory, and executive functioning.  His SRBI is mild to moderate in nature.  Given his relative absences from substances since early 2015, it's very likely that his cognitive impairment is permanent, and he is unlikely to improve".

65Subsequently, the report continues:

"Mr Lack's cognitive impairment, particularly his poor verbal and executive dysfunction, means that he may experience difficulty in managing aspects of the prison environment.  In particularly, he will be slow to learn new rules and routines of the prison.  He will struggle to process information in a timely manner, and will need to be allowed extra time to complete tasks.  This may place him at increased risk of violations.  In addition, he will be vulnerable to forgetting future intentions without the assistance.  In addition, he may have difficulty determining the most appropriate way of acting in situations in which there are no explicit, well-learned rules.

"That said, individuals with executive deficits often respond well to the inherent structure of a prison environment once the rules have been learned.  Mr Lack indicated to me that he was coping 'all right' with the prison routine".

66Clearly, you have coped with prison in the past.  Much of the last paragraph to which I have just referred is, in my view, speculative.  However, I have taken the contents of the report as a whole into account in sentencing you.

67You are now at the crossroads of your life.  If you remain drug-free, get a job, and accept the support of others, you may live a productive and valuable future life.  If not, you are clearly likely to spend much of your life in custody.

68As to sentencing considerations applicable to you all, I have already outlined how I view the offences that each of you have pleaded guilty to.  In sentencing each of you, I must have regard to principles of deterrence, both general and specific.  I must deter others from offending in the way you did, and I must deter you, each of you, from repeat offending.

69I must express the community's denunciation of your crimes, and attempt to promote the rehabilitation of each of you.

70I must attempt to balance the circumstances of your offending with the mitigatory factors applicable to each of you.

71I have had regard to current sentencing practices for each of the offences you have committed, and have made finding as to the respective seriousness of each offending.  It is clear that your offending, for each of you, was extremely serious.

72Would you stand up, please?

73Balancing the relevant factors on all charges, each of you will be convicted.

74You, Christopher Sharp, on the one charge of armed robbery, are sentenced to be imprisoned for six years.

75You, Benjamin Sharp, on the charge of armed robbery, are sentenced to be imprisoned for eight years.

76On the charge of handling stolen goods, you are sentenced to be imprisoned for six months.

77On the charge of trafficking in a drug of dependence, you are sentenced to be imprisoned for two years.

78You, Nathan Lack, on the charge of armed robbery are sentenced to be imprisoned for eight years.

79On the charge of prohibited person possessing a firearm, you are sentenced to be imprisoned for three years and six months.

80So far as you are concerned, Benjamin Sharp, I order one year of the sentence imposed on the trafficking drug of dependence charge be served cumulatively upon the sentence for armed robbery, which I declare to be the base sentence for each of you.

81And you, Nathan Lack, on the charge of prohibited person possessing a firearm, two years of that sentence shall be served cumulatively upon the sentence for armed robbery.

82Those are effective terms of imprisonment, as far as you are concerned, Christopher Sharp, of six years, and I order that you serve three years and nine months of that sentence before being eligible for parole.

83You, Benjamin Sharp, have an effective term of imprisonment of nine years, and I order that you serve six years before being eligible for parole.

84And you, Nathan Lack, have an effective term of imprisonment of ten years, and I order that you serve seven years before being eligible for parole.

85Pursuant to s.6AAA of the Sentencing Act, I indicate that as far as you are concerned, Christopher Sharp, but your plea of guilty I would have imposed an effective term of imprisonment of seven years and nine months, with a non-parole period of nine months.

86You, Benjamin Sharp, an effective term of imprisonment of ten-and-a-half years with a non-parole period of seven years and six months.

87And you, Nathan Lack, an effective term of imprisonment of 11 years, with a non-parole period of eight years.

88I declare 567 days, not counting today, of the sentence imposed on you, Christopher Sharp, has already been served by way of pre-sentence detention; 752 days not including today of the sentence imposed on you, Benjamin Sharp, has been served by way of pre-sentence detention; and 812 days, not counting today, in respect of you, Nathan Lack, by way of pre-sentence detention.

89I make an order for compensation in the amount sought, which was $287,000 against each of you.  Any other orders required, Mr Prosecutor?

90MR SHAW:  Yes, Your Honour.  It's a forfeiture order under the Firearms Act.

91HIS HONOUR:  Yes.

92MR SHAW:  A draft order was provided last time.

93HIS HONOUR:  I have not got it, but we will print another one.  It has travelled all over the state of Victoria, Mr Prosecutor.

94MR SHAW: It's a forfeiture order under s.151 of the Firearms Act.  It relates to the items found at the Williamstown flat.

95HIS HONOUR:  Of Mr Lack, yes.

96MR SHAW:  It relates to Mr Lack.

97HIS HONOUR:  I make that order.

98MR SHAW:  We've dealt with the compensation order.  There's also a forfeiture order under the Confiscation Act against all three offenders.

99HIS HONOUR:  What is that in relation to?

100MR SHAW:  So there's phones, computers, and some quantities of cash and some cars.

101HIS HONOUR:  Any objection to those orders, gentleman?

102MR SHAW:  There apparently is to various items.  We might need to sort it out administratively at a later date?

103MR LINDNER:  Yes, we've looked at it, and we're in discussions with them, and ‑ ‑ ‑

104HIS HONOUR:  You had better sort it out before Wednesday night.

105MR LINDNER:  I've heard that, Your Honour.

106HIS HONOUR:  Subject to you sorting it, I will make the order if it is agreed.

107MR LINDNER:  It's not agreed at the moment.

108HIS HONOUR:  Well, once you can sort them.  Otherwise, we will come back and have a hearing about it.

109MR LINDNER:  Yes, we will.

110HIS HONOUR:  I think you have got better things to do.

111MR SHAW:  And there's another order sought, a disposal order.  Similarly, draft orders.

112HIS HONOUR:  Yes, I will make the disposal orders sought.

113MR SHAW:  Well, before I do that, I understand Mr Ben Sharp does not consent to certain items on that.

114HIS HONOUR:  And again, you had better have a talk about that.

115MR SHAW:  We will.

116HIS HONOUR:  If you do not sort it out - I am not going to do it now.

117MR SHAW:  No, I'm not asking Your Honour to do it now.  I'm just letting Your Honour know, the draft order's before the court.  We'll try and sort it out.  Try and do it administratively.

118HIS HONOUR:  Send it to my associate by Wednesday.

119MR SHAW:  If not, we'll have to come back and argue it.

120HIS HONOUR:  Come back another day, and I will sort it out then.

121MR SHAW:  Deal with it, yes.  All right, thank you, Your Honour.

122HIS HONOUR:  Could you remove the prisoners, please?

123MR HALPHEN:  Your Honour, there's just the certificates or costs in relation to our last appearance.

124HIS HONOUR:  Yes, I will give you your certificates.  Thank you for reminding me.  I will give you the certificates under the Appeals Cost Act fund for the previous day that we could not get you on.

125All right, thank you.  I will stand down while we sort out the court.

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