Director of Public Prosecutions v Shaw, Michael John
[2013] VCC 380
•27 March 2013
| IN THE COUNTY COURT OF VICTORIA AT BENDIGO CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-13-00016
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| MICHAEL JOHN SHAW |
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JUDGE: | HER HONOUR JUDGE PULLEN | |
WHERE HELD: | Bendigo (Sitting in Melbourne) | |
DATE OF HEARING: | 26 March 2013 | |
DATE OF SENTENCE: | 27 March 2013 | |
CASE MAY BE CITED AS: | DPP v Shaw, Michael John | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 380 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sentence –
Legislation Cited:
Cases Cited:
Sentence:
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr P. D’Arcy | Office of Public Prosecutions |
| For the Accused | Ms E. Turnbull | Turnbull Lawyers |
HER HONOUR:
1 Michael Shaw, you have pleaded guilty to one charge of theft, the maximum penalty for that is ten years' imprisonment, one charge of being a non-prohibited person in possession of a registered general category hand gun without a licence, the maximum penalty for that offence is four years' imprisonment, and one charge of armed robbery, the maximum penalty applicable to that offence is 25 years' imprisonment.
2 These offences occurred on 18 July 2012. There were two named victims of your offending, Suzanne Williams and Theresa Pham.
3 It is not necessary for me to recount in great detail the facts of this matter as they are on transcript, the matter having been opened in some detail by the learned prosecutor. I proceed to sentence you on the basis of the facts as summarised by the prosecutor and discussed during the course of your plea hearing.
4 It is sufficient for present purposes to simply say the facts are most serious and disturbing. You also have an extensive and relevant criminal history which have included a significant sentence of imprisonment for other similar offences.
5 Turning to a summary of your offending. You are 39 years of age. At the time of your offending you were living in Rochester with your de facto partner and then 11 month old daughter.
6 On 18 July 2012, between 1.00 and 3.30 pm, you attended at an address in Webb Road. That address is a dairy farm located approximately 12 kilometres to the east of Rochester and also used as a bus depot.
7 At that location you stole a white coloured Holden Barina, registration SCG182, which was parked in a shed on the property. You did not know the owner of that vehicle.
8 At approximately 3.30 pm that day you visited your neighbour, Anthony Douglas, in Rochester to borrow $100 cash. Mr Douglas did not have enough cash with him and you left soon after. A person with Mr Douglas at the time said that you looked “edgy”.
9 You drove the white Barina by yourself to Elmore, about 17 kilometres south west of Rochester and parked the vehicle outside 61 Michie Street. You made your way on foot down a nearby alleyway that led towards Railway Place.
10 At approximately 4.10 pm, you entered the Elmore Pharmacy. Before you entered the pharmacy, you pulled a dark coloured balaclava over your face to conceal you identity.
11 As you entered the pharmacy you produced a hand gun that had a 16 centimetre long barrel, and waved it at staff and customers inside the store. You shouted, “Give me morphine” and “Give me your oxy.” You pointed the gun directly at a male customer, Timothy Krohss, who was standing near the service counter and said, “You’re all fucking dead”.
12 You pointed the gun at a male staff member, Ly Huynh, and ordered him to open the safe or your would shoot him. Mr Huynh asked for the key to the safe from his wife, Theresa Pham, who was the pharmacist on duty, who complied with your demands by opening the safe.
13 You placed the hand gun on the floor and opened a green shopping bag you had with you. You stole 20 boxes of OxyContin medication and eight boxes of Endone prescription medication and put them into the shopping bag. You picked up the hand gun and left the pharmacy without saying another word.
14 You fled on foot and got into the driver’s side of the stolen white Holden Barina, and drove back to your house in Rochester, arriving there between 4.30 and 5.00 pm. At that address, you drove the Barina into the kerb outside your house causing damage to the front right wheel. You continued to drive the car into your back yard and you went inside.
15 You were agitated and began yelling and screaming at a friend, Mark Cooper, who was in the house at that time, and told him he needed to get rid of the white Barina. You got back into the white Barina and told Mark Cooper to follow you in your ute, which was parked in the front yard.
16 You drove the Barina to a remote area where you parked it on the side of the road and got out. You poured accelerant over the vehicle, set it alight and then got into the ute driven by Mark Cooper and went back to your house.
17 Inside your house, you gave a box of OxyContin tablets and a sheet of Endone tablets to Mr Cooper. A short time later, another occupant of the house, Timothy Anderson, came home. When Mr Cooper left, after about 30 minutes, you then gave Timothy Anderson a sheet of OxyContin.
18 On 19 July 2012, in the afternoon, Timothy Anderson was doing washing in the laundry shed shared with you and he came across a dark coloured balaclava in the washing machine. Later that afternoon, Mr Anderson was watching the local evening news when he saw a report of an armed robbery at the Elmore Pharmacy and became suspicious that you may have been involved in it. He confronted you about it in the kitchen.
19 You told Mr Anderson you had stolen a car and went to Elmore to do “the job”. You continued to tell Mr Anderson that you "burnt the car so there would be no evidence”.
20 The following day, you were visiting Anthony Douglas and at approximately 9.45 am were arrested by police at Mr Douglas’ address and taken to Bendigo Police Station.
21 As a result of your arrest, Mr Douglas spoke with his neighbour who had informed him you had come to Mr Douglas’ property twice the day before, that is on 19 July, when Mr Douglas was not home. Mr Douglas searched his property for anything out of the ordinary and at about 4.00 pm located a plastic bag under his house. He contacted the police who arrived and located a hand gun in that bag. The gun was identical to the hand gun in the CCTV footage at Elmore Pharmacy during the armed robbery.
22 You were interviewed by the police at Bendigo Police Station and made no comment to the majority of questions put to you and denied all allegations. To answer "no comment" and make denials was of course your right.
23 The total value of the prescription medication stolen was $639.10 and the value of the Holden Barina stolen and destroyed by you was valued at $9000.
24 These are aggravating features of your offending, being the use of a disguise, a balaclava and also destroying the car by fire.
25
You have admitted a prior criminal history with offending from 1991 until
24 November 2008. Your offending has involved dishonesty offences, assaults and driving offences, amongst other charges.
26 In the past, you have received a variety of different types of sentences from the courts, including fines, good behaviour bonds and terms of imprisonment. Of concern is your appearance at court on 25 June 1993 for multiple offences of assault and rob with an offensive weapon, for which you were sentenced to imprisonment.
27
I was provided with a report of Dr Aaron Cunningham dated 28 January 2013, who assessed you for the purposes of your plea hearing and your risk of
re-offending.
28 Dr Cunningham referred to your background and history. You are 39 years of age at time of sentence and were born in Blacktown, New South Wales. You were raised primarily in the care of your grandmother to the age of 5, then your mother and step-father. You have not maintained a relationship with your biological father.
29 You instructed you suffered significant violence from your step-father and that the Department of Child Services was called as a result of you attending school with bruises. Despite this, you were not placed into protective custody. You said your step-father would drink alcohol to excess on a daily basis and also had a gambling problem.
30 When you were 12 years of age, your step-father picked up a knife and threatened you. He cut through the shoe you were wearing as a threat and said the next time you would be stabbed. You were then returned to the custody of your grandmother. You there reported increased stability and safety in that environment.
31 When you were 14 years of age, you left home to work at a circus. You were raped by one of the “tent bosses” and the matter went to court, although you did not know the outcome. Following that offending, you said your family distanced themselves from you.
32 You were incarcerated at the age of 19 and expressed reservations about being released from gaol at around that time because you did not want to disappoint your family if you failed again in the community. When not in custody, you lived in short term accommodation with your family.
33
You eventually relocated to Victoria as you had friends who lived here. You said your most significant relationship was with Linda Joshua, whom you met while she was hitchhiking. She was apparently an illegal immigrant from Papua New Guinea, and you have a young daughter with her. There was significant financial strain upon the family due to money needed for
Ms Joshua’s immigration application and you were the only one able to work and support the family.
34 You lived in a caravan park in Rochester until that accommodation flooded, following which you suffered a number of infections as a result, it seems according to the material.
35 You rented a property for 16 months and began, at that stage, doing contract work for your own company, earning up to three and a half thousand dollars per month installing tomato plant trellises for farms. As a result of one of your customers not paying for work performed by you, you became depressed and began to use morphine and consume alcohol. Further reasons for your resorting to excessive morphine and alcohol use were provided during your plea by Ms Turnbull.
36 You also described an attempt to commit suicide. Whilst in custody, you had been receiving visits from your mother (not your partner and daughter, again further explained by Ms Turnbull).
37 You were educated at Marayoung Public School, Doonside Public School, Blacktown Boys’ High School and Riverstone High School. You were expelled from both high schools. You ultimately completed Year 9. You also completed a baking apprenticeship whilst in Long Bay Correctional Centre. Your longest period of employment in the community was over two and a half years as a contractor. Prior to that you received a disability support pension when you were living in Rockhampton, after being diagnosed with schizophrenia.
38 Turning to your medical history, you referred to an injury to your back, knee and shoulder. You were also involved in a car accident in 2007.
39 Turning to your drug and alcohol history, you began cannabis use at the age of 14, although did not use it regularly. You began to use amphetamine and heroin at the age of 15 and 16 and became a “full blown heroin addict” by 19. You began to decrease your heroin use from 2003, though recently lapsed into significant morphine abuse, morphine having initially been prescribed as pain medication for your physical problems. You reported significant abuse of alcohol from the age of 32 around the time your partner fell ill and miscarried with twins five months into the pregnancy. You then began to abuse alcohol and also Zyprexa medication.
40 You had, in the past, attempted rehabilitation approximately five to six years ago for a period of about five months, which you described as a positive experience. You said you needed help and wanted to find the right medication.
41 Turning to your mental state assessment, you described that at the time you were diagnosed with schizophrenia in Rockhampton some years ago, you began hallucinating. You were prescribed antipsychotic and antidepressant medication, and you reported significant symptoms of depression. You stated you were hearing voices over the past five years, although they had reduced in severity. You had previously been assaulted in gaol and were frequently on edge and restless.
42 In the opinion of Dr Cunningham, you met the criteria for a schizoaffective disorder. In his opinion, you presented with a history of significant trauma underlying your schizoaffective disorder. You presented with a history of significant abuse of morphine and alcohol. You also presented as being institutionalised with an impaired ability to live independently in the community. Testing placed you in the low average range of intelligence.
43 Turning to his assessment of your risk of re-offending, Dr Cunningham said you fell into the high risk needs range of re-offending. In order to reduce that risk, you would benefit from intervention to treat your schizoaffective disorder, cease alcohol and illicit substance abuse, maintain stable accommodation and employment, cease negative peer associations and increase your pro-social community supports.
44 Dr Cunningham spoke to your mother who endorsed your account of your background and trauma, including the motor vehicle accident.
45 In Dr Cunningham’s opinion, you were predisposed to the development of a schizoaffective disorder by the significant trauma in your childhood, including the repeated significant violence from your father, being taken out of your mother and step-father’s care and placed with your grandmother. Further, you were raped at the age of approximately 14, which then followed with abuse of drugs, including dependencies to heroin and amphetamine. You later experienced trauma in the form of being stabbed in gaol, had been in a significant car accident and your partner miscarrying the twins. In the context of your then drug abuse, your mental state further deteriorated.
46 In the opinion of Dr Cunningham, you were institutionalised and in his opinion further long term periods of incarceration would further impair your ability to live within the community. You would benefit from mental health treatment intervention from both a psychiatrist and psychologist and also benefit from inpatient drug and alcohol rehabilitation. You had acknowledged the seriousness of the need for appropriate ongoing treatment.
47 While in custody, Ms Turnbull submitted you had completed a number of courses. The six hour AOD and Depression program, the release-related Harm Reduction program, Mood Management program, the Quitters are Winners smoking management program, Problem Solving program, Conflict Management program, Communication Skills program, and there was a statement of attainment from Kangan Institute in relation to a Work Safety in the Construction Industry Certificate, and further from Kangan Institute, Participate in Work Safety Arrangements, preparing and serving espresso coffee and following workplace hygiene procedures.
48 In addition, there were two urine samples provided by you during your time in custody. The first on 16 January 2013, negative for all substances other than Methadone, and in September 2012, negative for all substances other than medication you had been prescribed.
49 Ms Turnbull, who appeared on your behalf, prepared very helpful written submissions and addressed those during the course of your plea hearing.
50 Turning specifically to her oral submissions, she submitted you had pleaded guilty to these charges at the earliest opportunity, being at committal mention. You did not require witnesses be called for the purposes of cross-examination at a contested committal. You accepted the summary as read by the prosecutor and did not contest anything within it. You had not sought to prolong the final determination of this matter, and she submitted you therefore saved the court time and such was indicative of your remorse.
51 You have of course pleaded guilty to these offences, and such is a relevant sentencing consideration, as is the stage at which you entered your intention to plead guilty. I accept you pleaded guilty at the earliest opportunity and as such you are entitled to a reduction in penalty as a result of that. I also accept your pleas of guilty to the charges indicate remorse for your actions.
52 At 39 years of age you have spent your time to date on remand for these offences in Melbourne Assessment Prison and then the Melbourne Remand Centre. As I have said, whilst you have been in custody you have undertaken a significant number of courses. You have taken, as I understand it, the opportunity to complete all courses offered to you, or made available to you.
53 You have also been employed while on remand as a billet at the Melbourne Assessment Prison and at the Melbourne Remand Centre in horticulture. You had completed up to your third year of a horticulture apprenticeship whilst in custody during the sentence imposed in New South Wales in addition to undertaking the apprenticeship as a baker, to which I have previously referred.
54 You accept that your offending was serious and that an immediate term of imprisonment was the only sentencing disposition appropriate in relation to this offending. However, Ms Turnbull urged that, taking into account all the circumstances relevant not only to this offending but also matters personal to you, your sentence should involve a significant period of time on parole.
55 Regarding Charges 2 and 3, she submitted it was your understanding the gun was not one that could be loaded and it was also an old gun. I discussed this in brief with her. The reality is, of course, the shop assistant and those in the shop are referred to by the courts as “soft targets” for offences of armed robbery in particular. Whether a gun is able to be loaded or not as such, in your case is not a matter in mitigation or aggravation of your sentence.
56 I accept, however, your offending whilst serious, is not the worst example of the offence of armed robbery and I also note that there was no physical harm caused to the victim of your offending in Charge 3.
57 Ms Turnbull submitted there should be a substantial degree of concurrency in relation to Charges 2 and 3, and I accept that proposition. There needs, however, to be some cumulation to reflect the different offence in Charge 2 compared with Charge 3, albeit Charge 3 involved the use of the same weapon.
58 In relation to the circumstances of your offending, Ms Turnbull acknowledged there would be a degree of cumulation in relation to the sentences imposed and also acknowledged your licence, as a result of this offending, would need to be cancelled and disqualified, although I was told you do not actually have a licence at the moment.
59 Ms Turnbull relied upon Dr Cunningham’s conclusion you were effectively institutionalised. Importantly, she relied on your offending history since 2000, not involving terms of imprisonment. Your offending thereafter from 22 June 2004, had involved driving offences, damaging property, affray, drug charges and other offences for which, at your various court appearances, you received either fines or good behaviour bonds.
60 Returning to the prior history, you do of course have, as Ms Turnbull acknowledged in your plea hearing, the concerning appearance at Newcastle District Court on 26 June 1993, for multiple offences of assault and rob with an offensive weapon, for which you received a significant period of imprisonment.
61 Addressing specifically your offending behaviour in 1993, Ms Turnbull submitted you had previously worked in the circus. Your mother had remarried Gary Shaw and there were four biological children of that relationship. Whilst you took the surname Shaw, your step-father, as I have said, was very violent towards you. You have also been the victim of rape which was a catalyst for your then drug use, and following this rape you struggled with your own identity.
62 You then used marijuana, but following the rape you began to use amphetamine and heroin to excess and those offences dealt with in 1993 were in the context of your heroin addiction.
63 Following your release from custody, heroin was not the real issue for you, rather, alcohol use. You had some awareness of the adverse impact of drugs on your behaviour.
64 To your credit, I note you attempted some rehabilitation in Newcastle, referred to in your appearance at court on 11 September 2006 on a charge of affray, where you were then ordered to continue with your rehabilitation. That had involved your attendance at the Glen Centre in New South Wales for approximately 5-6 months where I was told by Ms Turnbull, after you completed one course you then did another. In other words, two courses back to back.
65 Turning specifically to the offences before me, you had earlier sustained injuries to your knees and also to your back. You most recently had your own business, as I have said, installing tomato trellises which had been very successful employing up to 35 staff. The business, I was told, was doing very well.
66 In addition, you were living with Ms Joshua, had been able to furnish a family home and life for you was fairly good. Whilst you had been previously diagnosed with schizophrenia, she said you had been able to effectively get your life back on track.
67 Ultimately, however, the problems you had with your knees and back became ongoing. You were prescribed morphine to help you deal with the pain. Unfortunately, you developed a tolerance to this and developed a substantial addiction to morphine.
68 Compounding your medical problems, a number of work contracts were not paid and you were under financial pressure also.
69 In the three months prior to this offending, you were unemployed and were paranoid regarding your relationship with Ms Joshua.
70 Ultimately, you instructed your morphine addiction overtook you and in your attempt to source medication you required for your pain, you committed the offences before me.
71 I accept you had been able to stay out of trouble for a number of years, at least as far as terms of imprisonment was concerned.
72 Ms Turnbull submitted you had accepted responsibility for your offending behaviour and understood that the consequence of your offending would be a term of imprisonment.
73 Also before me was a letter written by you to the court dated 25 March 2013. You said you took full responsibility for your actions and had sought to address your offending behaviour attending courses in custody.
74 You were remorseful, you said, for your offending and acknowledged the negative impact of it upon the victims.
75 Through the various courses you have undertaken, you said you had identified your underlying personal issues and triggers of your offending. You had learnt coping strategies to deal with stress, as well as positive consequential thinking techniques with the use of alcohol or drugs.
76 You have worked productively in custody. You are currently on the Methadone Program and have been prescribed Zyprexa.
77 You described, in that letter, your lack of contact with your partner and daughter.
78 You had plans, upon release, to obtain employment.
79 Ms Turnbull submitted that relevant to your sentence would be the principles in R v Verdins & Ors (2007) 16 VR 269. Ms Turnbull referred to those submissions in her written outline and I discussed them with her during the course of your plea hearing. The transcript will reveal that discussion. I accept her submission that the material before me supports the restatement of Principles 5 and 6 in the Tsiaris principles.
80 I accept your condition, at the date of sentence, may mean the sentence I impose will weigh more heavily on you than it would on a person in normal health. I further accept, perhaps somewhat generously, there is material which at least supports in part that there is a serious risk imprisonment will have a significant adverse effect upon your mental health and that factor would also mitigate your punishment.
81 Regarding your rehabilitation prospects, I accept that you are not without hope, as described by Ms Turnbull. Whilst I have guarded optimism regarding your rehabilitation prospects, there is some comfort in the fact that you have not offended in this type of offending since 1993 and have been able to be gainfully employed in your own business, employ staff and develop a home life with your partner. That gives me some confidence you may be able to return to that lifestyle after you serve your term of imprisonment. I do, however, still have concerns regarding your successful rehabilitation.
82 I am also aware of the concern raised by Dr Cunningham you may be institutionalised.
83 Since you have been incarcerated, you have not seen your partner or child as a result, as I understood it, of police obtaining an Intervention Order. That order lapses approximately 12 months from the date of your arrest. You have been only able to have contact with your partner and daughter through your mother who visits you in custody, although letters and photographs have been exchanged by you with your partner, as I understood it. Ms Turnbull understood that your partner remained supportive of you, although your letter, to which I have previously referred, tends to suggest otherwise.
84 Ms Turnbull referred me to the decision of Camblin v The Queen [2013] VSCA 1. As I discussed with both counsel, it is difficult to compare cases factually and each decision involves matters personal and in mitigation of each offender. Ultimately, I have to determine the appropriate sentence to impose taking into account all relevant sentencing considerations.
85 Mr D’Arcy, on behalf of the prosecution, noted that the report of Dr Cunningham referred to you being institutionalised and that you likely have an impaired ability to live in the community. As such, a period on parole, he said, would be important in assisting your eventual rehabilitation.
86 He submitted that there should be some cumulation between charges, consistent with my discussion with Ms Turnbull during the course of the plea hearing.
87 Further, Mr D’Arcy noted you had completed a number of courses in custody which further added hope in relation to your rehabilitation prospects, in particular referring to the letter that you wrote, to which I have just referred.
88 There were three victim impact statements before me.
89 From Sharyn Allan, an employee at Elmore Pharmacy. Your offending had adversely impacted her ability to do her job. She suffered with anxiety during work hours. If a male customer entered the shop and spoke in a loud voice, she was startled. Her children did not want her to continue working. ‘
90 From Theresa Pham at the Pharmacy. She was terrified by your offending, she said she just felt frozen. She was fearful it might happen again and did not like being in her own shop on her own and was jumpy when she saw a dark tall man walk through the door. The image of you in a balaclava holding a gun was terrifying. The scars of your offending were permanent.
91 From Karen Marshall at the Pharmacy. Since your offending she had been jumpy and anxious when she heard loud noises and male voices and she was terrified when she saw the gun.
92 The effects upon a victim are a relevant sentencing consideration (see s.5 Sentencing Act 1991) but I am conscious, however, I must not allow the effects upon a victim to swamp the sentencing process.
93 As well as matters personal to you, to which I have referred, including your rehabilitation prospects as I find them to be, I must also take into account matters such as deterrence, especially general deterrence, which is of considerable importance in a case such as this. In particular, I am referring not only to Charge 1, but also to Charge 3, which involved a “soft target”, as the courts sometimes refer to victims of offences of armed robbery.
94 There is a need, when sentencing, to reflect specific deterrence in your case, given your extensive and relevant prior criminal history.
95 I must also consider the protection of members of the community from you and bear in mind the likelihood of your re-offending. I still have concerns about that. Ultimately, if you are able to return to the community and live an offence-free lifestyle, there will be less need for me to be concerned about other members of the community.
96 I am called upon by the Sentencing Act to manifest the community’s denunciation of your conduct and generally to impose a just punishment. When sentencing you, I have taken into account principles of totality and proportionality.
97 On Charge 1, you are convicted and sentenced to 18 months' imprisonment.
98 On Charge 2, you are convicted and sentenced to 6 months' imprisonment.
99 On Charge 3, you are convicted and sentenced to 4 years and 6 months' imprisonment.
100 Charge 3 is the base sentence, and I direct that 9 months of Charge 1 be served cumulatively upon Charge 3, and that 2 months of Charge 2 be served cumulatively upon Charge 3.
101 That results in a total effective sentence of 5 years and 5 months' imprisonment and I direct you serve a period of 3 years and 4 months in custody by way of a non-parole period before you are eligible for parole.
102 For the sake of clarity, I state each order in relation to cumulation is cumulative upon each other and upon the base sentence.
103 Pursuant to s.6AAA Sentencing Act 1991, had you pleaded not guilty and been found guilty of these offences following jury verdict, I would have sentenced you to a term of imprisonment of 8 years and set a non-parole period of 6 years.
104 Pursuant to s.18(4) Sentencing Act 1991, I declare you have spent 250 days, up to and including yesterday, 26 March 2013, in custody by way of pre-sentence detention and I direct that this be entered into the records of the court.
105 The prosecution also sought a disposal order. This was not opposed by counsel on your behalf and I make the order in the terms sought.
106 There was also application for a forfeiture order. This was also not opposed by counsel on your behalf and I make the order in the terms sought.
107 In relation to s.89 Sentencing Act 1992, whilst I appreciate you do not currently have a licence, you are disqualified from obtaining a licence for a period of 4 year from today's date. In making that order, I am mindful of the decision in R v Lefebure [2000] VSCA 79. In essence, it says words to the effect that the cancellation of a licence also has with it a penal element. In other words, not to make it excessive. So with a non-parole period of 3 years and 4 months it is a four year cancellation. I hope that is clear.
108 MR D'ARCY: Yes, Your Honour.
109 MS TURNBULL: Yes, Your Honour.
110 HER HONOUR: Now, do you need help with the maths? Is everything right with the mathematics?
111 MS TURNBULL: I think so.
112 HER HONOUR: It all adds up? Yes, 3 years 4 months was the non-parole period. Anything else you need help with?
113 MR D'ARCY: Is there a retention order as well?
114 HER HONOUR: Well, you made application for a forensic sample, as I understood it.
115 MR D'ARCY: It was, yes.
116 HER HONOUR: Didn't I say this. Ms Turnbull submitted the making of the order or otherwise was a matter for me. In my opinion, it is appropriate to make the order sought. It will be for a saliva sample based on the seriousness of this offending and your prior criminal history. I must advise you that the authorities may use reasonable force in order to obtain that sample. It is saliva not blood.
117 Now, have I ticked all the boxes there?
118 MR D'ARCY: Yes, Your Honour.
119 HER HONOUR: Has everything been marked?
120 MS TURNBULL: Yes, Your Honour.
121 HER HONOUR: So we're correct with PSD, the maths is correct. All right, that's fine. Could you remove Mr Shaw, thank you very much.
122 (PRISONER REMOVED).
123 HER HONOUR: Thank you, Ms Turnbull, for your assistance in this matter and can I thank you, Mr D'Arcy.
124 MR D'ARCY: Thank you, Your Honour.
125 MS TURNBULL: Thank you, Your Honour.
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