Director of Public Prosecutions v Shen
[2023] VCC 1327
•31 July 2023
| IN THE COUNTY COURT OF VICTORIA AT Melbourne CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-21-02268
| DIRECTOR OF PUBLIC PROSECUTIONS (CTH) |
| v |
| Chenkun SHEN |
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JUDGE: | Karapanagiotidis | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 17 July 2023 | |
DATE OF SENTENCE: | 31 July 2023 | |
CASE MAY BE CITED AS: | DPP v SHEN | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 1327 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW - SENTENCING
Catchwords: Use carriage service to procure a person under 16 years of age – Plea of guilty – Worboyes – Prospects of deportation – Covid-19 pandemic – Good prospects of rehabilitation – Family hardship.
Legislation Cited: ss 6AAA, 18 Crimes Act 1958 (Vic); ss 16(2), 16(2)(k), 16(2AAA), 16A(1), 16A(2), 17A, 20(1B) Crimes Act 1914 (Cth).
Cases Cited:DPP (Cth) v Boyles (a pseudonym) [2016] VSCA 267; Guden v The Queen (2010) 26 VR 288; R v Gajjar [2008] VSCA 268; Worboyes v The Queen [2021] VSCA 169.
Sentence: 19 months’ imprisonment to be released on recognisance after six months’ imprisonment.
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APPEARANCES: | Counsel | Solicitors |
| For the CDPP | A Ambesi | The Commonwealth Director of Public Prosecutions |
| For the Accused | G. Connelly | James Dowsley & Associates |
HER HONOUR:
1Chenkun Shen, you have pleaded guilty to one charge of using a carriage service to procure a person under 16 years of age to engage in sexual activity with another person, which carries a maximum penalty of 15 years’ imprisonment.
Summary of offending
2An outline of your offending is detailed in the prosecution opening marked as Exhibit A on the plea.
3In summary, your offending occurred between 15 September 2020 and 13 October 2020, and involved you using the social media and instant messaging application, WeChat, to communicate with a 15-year-old female child ‘ZW’. During these interactions, you sought to recruit ZW to work as an escort for your business. In doing so, you communicated with ZW with the intention of procuring her to engage in sexual activity with another person who was at least 18 years of age.
4It is not alleged that you communicated with ZW with the intention of procuring her to engage in sexual activity with yourself.
5On 15 September 2020, you contacted ZW via the online social media platform ‘TikTok’. You asked her to add you to WeChat, which she did. You then commenced a conversation with her via WeChat and at the outset asked her if she was ‘interested in a part-time job as an escort’.
6You stated that the role entailed ‘playing a part-time girlfriend’ and ‘need bang bang’. ZW told you that she was ‘not 18 yet’, to which you replied, ‘no problem. It’s safe with us’ and ‘you can say you’re already 18. How about that?’.
7You then asked ZW to provide her age, height, weight and bust size. ZW did so and gave her date of birth as being in 2005, making her 15 years old. You asked her if she was still a virgin and enquired about a convenient time to meet up. You had a further communication with her that is extracted at paragraph 6 of the opening, where you told her that you’d arrange ‘good clients’ for her and asked if her mother always kept ‘a close eye’ on her. You also informed her that you pay an hourly rate of $300 and $500 for two hours.
8You also told ZW that you had three requirements for her to follow, as follows:
(a) Do not give clients any contact details;
(b) Must wear condom during sex; and
(c) Do not tell clients too much about ‘how we meet each other’.
9You continued to discuss the job, telling her she should treat the job as if she were ‘working in a restaurant.’ You also asked her if she was able to perform oral sex and commented that she seemed to ‘lack a bit of experience’ with respect to sexual activity.
10On the same day, ZW told you that she didn’t want the job but had a friend who was interested. You later informed ZW that her friend had tricked you, taken a deposit of money and ‘ran away’.
11You persisted in asking ZW if she would accept the job offer, telling her ‘we genuinely offer the best price in Australia’. She told you that she was ‘too young’. You told her you’d arrange very good clients for her and that she could buy ‘luxury stuff every day but had to keep a low profile.’
12You continued to discuss the details of your proposal and asked her to send de-identified photos of herself that you could use to market her to clients. You discussed the age range of your clients as ZW did not want older clients and you acknowledged that she is ‘so young’. You told her not to tell anyone about your arrangement.
13On 17 September 2020, you contacted ZW to arrange to meet in person but she told you her mum wouldn’t let her out and that she was going to Geelong. You offered for her to stay at your house, where she would have a ‘sea view’.
14Between 21 September 2020 and 29 September 2020, you sent ZW 29 messages to which your received no response.
15On 29 September 2020, ZW responded that she had forgotten to reply and was not allowed to leave her house. You sought again to meet with her, offering to meet during the day if she could not go out at night. You offered her more money and told her ‘one job a day will do’.
16On 6 October 2020, you re-engaged with ZW by asking to buy a vape pod from her. You discussed prices and arrangements for the vape pods, during which ZW stated that she was ‘as poor as a church mouse now’. You and ZW recommenced discussing your job offer. You told ZW that one girl earns $20,000 per week. ZW expressed interest in working once or twice per week and stated that she really needed money.
17You asked ZW to describe the colour of her nipples, saying that this is a question your clients might ask you. You asked whether she was good at oral sex and if she could meet the next day.
18Between 8 October 2020 and 10 October 2020, you sent messages to ZW attempting to arrange a meeting with her. On 12 October 2020, ZW told you that you could meet if you bought ‘smoke’ from her and she would deliver it. You again offered to ‘arrange something’ for her. You asked ZW if she would be willing to engage in sexual activity without a condom, as this would pay ‘much higher’. You told her ‘client is safe, no health issues’, before saying ‘forget it. Use condom. Very few clients don’t use condom anyway’. ZW enquired about the price for one hour, however you recommended a minimum of two hours if she wanted better looking clients.
19You then asked ZW if she was able to buy emergency contraceptive pills at her age. When ZW answered no, you said you would get someone else to buy them for her. Shortly after, ZW stated that she did not know ‘how to get started’ and you told her that’s why you needed ‘to tell [her] in person’.
20You continued to discuss prices, and these discussions are outlined at paragraph 23 of the prosecution opening.
21On 13 October 2020, you contacted ZW to arrange a meeting when she finished school. During this discussion ZW asked you to try and arrange clients in their 20s. She also confirmed that she could sleep overnight with clients on Fridays and Saturdays.
22Later that day, ZW contacted you to ask you to meet at her house that night and asked if she could start tomorrow as she was ‘too poor’. You agreed and attended nearby ZW’s residence in your vehicle, a gold Lexus. ZW met you at your vehicle around 10:30pm. You and ZW attended a grocery store to purchase grocery items but it was closed. You offered to drive her down the street to find an open store but she declined and went home.
23Following your meeting, you confirmed the appointment time for the following day with ZW. On 14 October 2020, you sent ZW a series of messages regarding the appointment but she didn’t respond.
24On the evening of 13 October 2020, following the meeting, ZW’s mother accessed her phone and read the WeChat conversation between you and ZW. She contacted the Prahran Police Station to report the offending.
25The investigation was referred to the Bayside Sexual Offences and Child Abuse Investigation Team (SOCIT) of Victoria Police. ZW made statements implicating you and on 23 December 2020 police executed a search warrant at your residence and seized a Samsung mobile phone, which you initially stated belonged to your mother. A review of the phone located the offending WeChat conversation.
26You were arrested and conveyed to the Camberwell Police Station, where you participated in a record of interview. You made a number of admissions as outlined at paragraph 30 of the prosecution opening.
27Police accessed the webpage ‘ozsmallhouse.com’, which lists the telecommunications service linked to your Samsung mobile phone as a contact number. The ‘About Us’ section of the website is written in Chinese, which when translated into English describes Melbourne’s ‘smallhouse’ as:
…the most professional platform for escort service’ and that it ‘connects clients to our quality girls who must be either students or graduates in Australia.’ The service ‘matches the need of client with the requirement of the girl, ensuring privacy and security for both sides.
Commonwealth sentencing
28In sentencing for Commonwealth offences, the Court is required to have regard to the matters set out in part 1B of the Crimes Act 1914 (Cth) (the Act). In particular the Court must have regard to the list of matters set out under subsection 16A(2) which provides a non-exhaustive list of factors to be taken into account as far as they are relevant and known when sentencing a federal offender. Pursuant to section 16A(1) of the Act, I must impose a sentence which is of a severity appropriate in all the circumstances of the case, bearing in mind the requirement in section 16(2)(k) that a person be adequately punished for the offending.
Gravity of offending
29The offence you have pleaded guilty to is an inherently serious one, as indicated by the prescribed maximum penalty. There is no dispute between the parties that your offending requires a term of immediate imprisonment, to be followed by your release on recognisance. The Court cannot order immediate release on recognisance release order unless satisfied that there are exceptional circumstances and none were advanced in your case[1]. Where a sentence of imprisonment is imposed in respect of a Commonwealth offence and the term is greater than six months but no more than three years, then the Court must make a recognisance release order (and not fix a non-parole period), unless it is deemed inappropriate[2].
[1] Crimes Act 1914, s20(1)(b)(ii) and 20(1)(b)(iii).
[2] Ibid 1914, s.19AC
30The broad principles applicable to sentencing for federal offences involving child sex offences are well established. General deterrence is the primary sentencing consideration, given the prevalence and ready availability of such means of offending via the internet, and the difficulty of detection. There is a paramount public interest in protecting children from sexual abuse and exploitation[3]. There is no victim impact statement in this matter. I accept that there is a presumption of harm in such cases and that it arises regardless of whether the sexual activity was intended to be between the child and the offender or – as in this case – another person.
[3] DPP (Cth) v Garside [2016] VSCA 74; DPP (Cth) Watson [2016] VSCA; R v De Leeuw [2015] NSWCCA 183.
31In assessing the objective gravity of your offending, the factors I have taken into account include the following –
(a) ZW was 15 years of age. There is no evidence to suggest that at the commencement of your communications with ZW that you knew she was underage or that you were seeking to recruit an underage person. However it appears that you soon became aware of her age. You also directed her to lie about, or conceal her real age and recruitment circumstances from clients and to delete your conversation history.
(b) As discussed at the plea hearing, and as accepted by the prosecution, the fact that ZW was a real person does not, in your case, aggravate your offending.
(c) You initiated contact with ZW and directed her to move your communications to WeChat. I accept your Counsel’s submission that there was nothing sinister as to this change in social media platform and it is not suggested that the site was any less penetrable than others.
(d) In the communications you enquired as to ZW’s virginity, sexual experience, physical condition and willingness to engage in risky sexual activity. I accept that such inquiries were likely designed to assist you to establish the highest possible rate for her services, and in turn, your benefit as owner of the escort agency.
(e) The communications were not spontaneous or isolated but instead took place over a period of almost one month. You persisted in your contact with ZW, even when she had disengaged. While I accept your Counsel’s submission that the evidence does not prove an escalation in inducements on your part, the conversations do suggest that you were trying to lure or persuade ZW into working for you. After she had firmly declined the offer, you re-established contact by indicating that you wished to buy a vape from her. During this exchange she indicated her dire financial circumstances and you appear to have seized upon this to reignite discussions about your job offer.
(f) You met with ZW in person on one occasion and you booked an appointment for her to meet a client the next day.
(g) While there was some dispute as to the precise circumstances of communications ceasing between you and ZW, I accept that you did not cease your offending or communications with her out of an appreciation of the wrongfulness of your actions .
(h) I accept your Counsel’s submission that you did not attempt to forge a relationship with ZW and use that to lure or leverage her into sexual abuse or use subterfuge or overt deception. You didn’t seek to groom or engage her in a sexual relationship with yourself. When you requested de-identified photographs I accept you were not seeking child pornography. I accept that your engagement with her from the outset was plainly a ‘commercial one’. To this extent, your offending can be distinguished from those cases where communications are pursued within the context of a sexual interest or gratification in underage children or within the context of a relationship, involving a breach of trust or authority.[4] Reference to these matters is not intended in any way to suggest that your communications and conduct with ZW were other than inherently exploitative and harmful in nature or that the commercial context of your offending is mitigatory.
[4] DPP (Cth) v Boyles (a pseudonym) [2016] VSCA 267.
32I consider that there are available more serious examples of this type of offence, one’s involving some of the aggravating factors that I’ve just referred to. However, overall I do regard your offending as serious and your moral culpability as high.
Plea, contrition and co-operation
33You were arrested on 23 December 2020 and released pending summons.
34You pleaded guilty to the charge on the indictment at the committal mention at the Melbourne Magistrates’ Court on 22 October 2021.
35You have entered an early plea of guilty which entitles you to a substantial discount in sentence. Your plea of guilty demonstrates your willingness to facilitate the course of justice. It also represents an acceptance of responsibility for your offending and remorse. Your plea of guilty is of significant utilitarian benefit and will also result in a greater amelioration of sentence in the current circumstances.[5]
[5] Worboyes v The Queen [2021] VSCA 169.
36Your record of interview was conducted without the benefit of a Mandarin interpreter and I am prepared to accept your Counsel’s submissions that it may therefore have been more prone to some misunderstandings. While you denied the offending, which does not reflect well on your level of insight at the time, I take into account that you did make some important admissions in your record of interview, including knowledge of ZW’s age and the enterprise. I also take into account your Counsel’s submission that you have now come to reject the entire ‘smallhouse’ enterprise as inconsistent with how you want to live your life and it no longer operates.
37I also take into account that you co-operated with police by providing them access to your electronic devices.
Personal circumstances, character and antecedents
38Your personal background was canvassed by your Counsel in a thorough and well considered plea conducted on your behalf.
39In brief, you were 32 years of age at the time of the offending and are now 35.
40You were born in China. You were raised by your maternal grandmother as both of your parents worked during your childhood.
41Your mother previously worked as an administrator before retiring. She resides in China. Your father previously managed a construction company, however, he died in 2017 following a protracted battle with cancer.
42You came to Australia in 2006, aged 17, to complete your secondary school education. You initially enrolled in an architecture degree at the University of Melbourne. Your father contracted cancer whilst you were studying and you sought to attain permanent residency to sponsor your father so that he could attain medical treatment. The most expeditious way of doing this was through work. You therefore tried to obtain a business visa by investing and working in a restaurant business. The other investors ended up departing with your share of the business. You subsequently had to work more hours to keep the business afloat, and as a result, you started to fail subjects at university, and ultimately discontinued the course. You also never realised your hope of sponsoring your father.
43You have held a number of different jobs whilst in Australia. You have worked in restaurants, the property industry, and since the start of this year, you have been undertaking contract work in marketing for property brokers and real estate agencies.
44You met your wife in 2007 and married in 2012. You have two children from this marriage. Your youngest child resides with your wife’s parents in China as your wife was not coping raising both your children in the context of your current matter before the Courts. Your wife has been approved for citizenship and in around 2017 you ended up obtaining permanent residence as her spouse.
45While you have friends here, which is apparent from those who have attended Court in support of you, you and your wife have no other family in Australia.
46The ‘smallhouse’ enterprise initially started out as more of a social club for you and your connections to network. In around 2019 it evolved into an escort based service, which was targeted at over 18-year-olds. Your involvement in the enterprise coincided with other difficulties you were experiencing - against the background of your father’s death - and with other poor decisions you were making. Your Counsel describes that during this period you were unfaithful to your wife, drinking, acting ‘out of character’ and moving in circles very distant from your home front.
47You have no prior criminal history. There was some discussion at your plea hearing as to the value that should be attached to your previous good character. I accept your Counsel’s submission that good character is not necessarily of diminished value in a case of this nature. Rather, as was stated in R v Gajjar[6], in a case of this nature:
…it is clearly appropriate…to give paramount consideration to the principle of general deterrence…this is not to say that less weight is to be accorded to good character in any absolute sense. It is rather to recognise that, when greater weight is attached in the balancing process to general deterrence, it necessarily follows, at lease in a relative sense, that less weight will be accorded to what might otherwise be significant mitigating factors.
[6] R v Gajjar [2008] VSCA 268, at [28].
Prospects of deportation
48Your Counsel relied upon the prospect of deportation in your case. As already noted, you are a permanent resident and not a citizen. You have anxiously awaited the finalisation of your case knowing that you are at real risk of deportation and losing the opportunity to permanently settle in Australia. Further, it was submitted, and I accept, that any imprisonment you are required to serve will be more onerous on account of this worry and concern.[7]
[7] Guden v The Queen (2010) 26 VR 288.
49I also note that your case has now been outstanding for a period approaching 3 years, which I accept would have been difficult for you given the uncertainty of your situation.
Hardship to family
50On your behalf, it was also submitted that your wife’s psychological wellbeing has suffered in the context of your offending and prosecution. In his report Dr Kennedy indicated that your wife had not been coping emotionally and had been exhibiting anxiety and depression over the last 12 months. It was against this background that your family took the extreme step of having your youngest daughter live with her maternal grandparents in China. It is uncertain at this point when your family will be reunited. Your incarceration, it was further submitted, will also cause hardship to your six year old daughter, because of her separation from you and also because of the consequences upon your wife and the indeterminate separation from her youngest sister.
51Mr Shen, I take the probable hardship that your family will experience into account noting, in particular, that the family has experienced a significant fracture with your youngest daughter currently residing in China.
Prospects of rehabilitation
52You have no previous criminal history or subsequent matters. You have ceased drinking and have re-committed to your family. Your wife told Dr Kennedy that your relationship had improved significantly.
53Up until your recent remand, you continued to work as a property developer; in small scale work that could be stopped without too much difficulty, in anticipation of the disruption that a prison sentence will cause.
54You are generally described as someone who is hardworking and as a ‘good father.’ Your friend Zhihan Shen, who has known you for some 14 years, describes you as a ‘good husband, a good father and a good son’. She also refers to the grief you experienced in losing your father and your financial pressures and expectations over time.
55Weighing up all matters, including your education, work history and family circumstances and support, I find that you have very good prospects of rehabilitation.
Sentencing principles
56As I have already stated, general deterrence is the paramount sentencing consideration. Specific deterrence, denunciation, punishment and protection of the community are also highly relevant sentencing considerations for offending of this type. I have had regard to the factors set out in s16(2) of the Act.
57In your case, I consider specific deterrence and community protection warrant some reduction in the exercise of my sentencing discretion given your previous good character and my assessment of your prospects of rehabilitation. The Court must, and I do, also have regard to the objective of rehabilitation.[8]
[8] Crimes Act 1914, s.16(2AAA).
58I have considered current sentencing practices and the comparative cases referred to by the prosecution.[9] The current sentencing practices are of course but one factor to consider and each case ultimately turns on its own facts and circumstances. As the prosecutor submitted, none of the cases are on all fours with yours but they have provided me with some guidance in terms of sentencing principles.
[9] R v Gajjar (2008) 192 A Crim R 76; Gifford v R [2016] NSWCCA 302; DPP (Cth) v Boyles (a pseudonym) [2016] VSCA 267
59Section 17A of the Act imposes an obligation on the Court to only pass a sentence of imprisonment after having considered all other alternative sentences and decided no other alternative sentence is appropriate in the circumstances of the case. In your case, Mr Shen, taking into account the objective circumstances of your offending and the paramount public interest in promoting the protection of children, the only just and appropriate sentence is one of imprisonment, followed by a recognisance release order. I accept that imprisonment for you will be more burdensome, taking into account: that you have no prior criminal history and have never experienced custody; English is not your first language; and the concern and anxiety you will likely experience because of the prospect of deportation and your family’s hardship.
Sentence
60Synthesising all the relevant matters in your case - and at this stage, Mr Shen, if I could ask you and Madam Interpreter to stand, please. Synthesising all relevant matters, you are convicted and sentenced as follows.
61On Charge 1 of using a carriage service to procure a person under 16 years of age to engage in sexual activity with another person, you are convicted and sentenced to be imprisoned for a period of 19 months, that is one year and seven months. I order that you are to serve a period of six months before being released on a recognisance release order in the amount of $1,500 with the condition that you be of good behaviour for a period of two years.
62Pursuant to s20(1B) of the Act, I impose the following conditions. They are that you:
(a) Be subject to the supervision of a probation officer;
(b) Obey all reasonable directions of the probation officer;
(c) Not travel interstate or overseas without the written permission of the probation officer; and
(d) Undertake such treatment or rehabilitation programs that the probation officer reasonably directs.
63I order that these conditions will operate for a period of 18 months.
64Counsel, I need to check this with you. My reading of the Act entitles me to set the periods that I have. First of all, the total term of imprisonment imposed is 19 months. In other words, one year and seven months' imprisonment. The time he is to serve is six months before being released on recognisance release order upon entering a surety, or effectively providing security, of $1,500. The requirement is that he is of good behaviour for a period of two years. I understand as long as I do not exceed five years, that is open to the court. And the conditions will operate for a period of 18 months. Again as I understand it, provided I do not exceed a period of two years, that also is open.
65There are a number of numbers there, but it seems to me, and this is what I seek confirmation in respect of, that I am entitled to sentence in that way.
66MS AMBESI: Yes, Your Honour, that's correct. No issues.
67MS CONNELLY: I agree with that, Your Honour.
68HER HONOUR: Thank you. Now, you can remain seated, Mr Shen, but I will continue in what I have to say. Corrections will assess you as to appropriate treatment or rehabilitation programs. As part of the conditions that I have just indicated, they will assess that. It is for them to assess what you require, what is needed to further your rehabilitation.
69I am also required to explain or cause to be explained to you in language that you can understand the purpose and effect of the proposed order that I have just made and the consequences that may follow if you fail without reasonable excuse to comply with the conditions of the order. Madam Interpreter, thank you.
70Now, what is the pre‑sentence detention?
71MS CONNELLY: We've calculated 14 days, but my learned - 14 excluding today, 15 including today.
72HER HONOUR: Is that agreed?
73MS AMBESI: Yes, Your Honour.
74HER HONOUR: Very well. Mr Shen, pursuant to s18 of the Crimes Act 1958 (Vic) I declare that you have served 14 days' imprisonment. That will come off the six months. You are required to serve six months in prison and then you will be released on a recognisance order. You do it in terms of the amount that I have stipulated, the 1,500; you are not required to pay that in order to be released and Ms Connelly no doubt will discuss that further with you.
75You will be released and a requirement, or the requirements that I have imposed, is that you are of good behaviour for a period of two years and that for a period of 18 months you will be subject to supervision and you need to follow all the directions of a probation officer. You must not travel interstate or overseas without getting permission and you have got to undertake the transcript or rehabilitation programs that they determine are appropriate.
76Do you understand? You must follow those conditions.
77Now, I also am required to inform you that a recognisance given may be discharged or varied. Further, Mr Shen, if you fail to comply with the conditions and the recognisance order, I have a number of powers. The court has a number of powers including the power to revoke the order and deal with you in any way that I could have originally for the charge. Do you understand? All right.
78I will otherwise cause for you and those who are instructing Ms Connelly to explain the effect of the order, but are counsel content with the explanation I have given? I am required to do it under the Act.
79MS AMBESI: Yes, thank you, Your Honour.
80HER HONOUR: Ms Connelly?
81MS CONNELLY: Yes, Your Honour.
82HER HONOUR: Very well, thanks. Now, further, Mr Shen, Charge 1 is a Class 2 Offence under the Sex Offenders Registration Act 2004 (Vic) and it is a registrable offence. As such you will be required, and it is mandatory, to report for a period of eight years. We will generate shortly some paperwork that you will be given and you will see that there are a number of requirements imposed on you by this order.
83It includes having to attend for an initial review once you are released, attend thereafter for annual assessments and you need to be proactive because it is your responsibility to advise the body of any change in such things as your vehicle registration, your employment, your mobile number, any internet services that you use and so forth. That is not an exhaustive list.
84Section 6AAA declaration, that had Mr Shen not entered a plea of guilty I would have imposed a sentence of some three years' imprisonment to be released on an recognisance order after having served 18 months.
85Counsel, the only other outstanding query I have is I did not order a Corrections assessment and I was not required to and it was not submitted that it is mandated as part of the process. But in terms of Mr Shen's service of his sentence, once he is released it should - and it would fall upon him within two days, or two working days, to attend at Corrections and I just want to ensure that he is clear about that. Because I do not want him released and then in breach of his order.
86MS AMBESI: Yes, Your Honour, a draft recognisance release order was provided to Your Honour's chambers.
87HER HONOUR: Wonderful. So does that provide ‑ ‑ ‑
88MS AMBESI: It does.
89HER HONOUR: And stipulate that condition.
90MS AMBESI: Yes. It's under the heading 'Conditions necessary to give effect to the mandatory conditions'. I think Your Honour's associate ‑ ‑ ‑
91HER HONOUR: I see. Wonderful, yes.
92MS AMBESI: I understand that ‑ ‑ ‑
93HER HONOUR: What would the closest Corrections office be?
94MS AMBESI: We had a discussion about this before Your Honour came onto the Bench. It's Melbourne.
95HER HONOUR: Melbourne.
96MS AMBESI: And the address is 50 Franklin Street in Melbourne.
97HER HONOUR: I see and my associates have already completed it. All right, you're right, 50 Franklin Street, Melbourne within two working days and ‑ ‑ ‑
98MS AMBESI: There are two additional conditions there. They just require receiving visits from Corrections and also notifying Corrections of any changes that might impact on their ability to contact Mr Shen.
99HER HONOUR: Yes, all right. No, that's all right. We've got a copy of this adapted from what you and your instructors, Ms Ambesi, sent through. So we'll hand that to counsel. Ms Connelly, upon satisfying yourself that that reflects what it ought to, you and your instructor if you like, or your instructor, can approach Mr Shen in order to have him sign.
100MS CONNELLY: May it please Your Honour.
101HER HONOUR: All right, if I could just interrupt for one moment, my associate will also deliver to you at the back there the SORA documents.
102Counsel, there were no ancillary orders?
103MS AMBESI: No, Your Honour.
104HER HONOUR: Nothing further. All right, I'd like to thank you both, Ms Ambesi and Ms Connelly, for your assistance and we'll adjourn in a moment. Can I check with the officers present, given we have an interpreter, any difficulty from your end if the interpreter remains just for a short period so that solicitor and counsel can speak to Mr Shen before he goes downstairs?
105CORRECTIONS OFFICER: That's no difficulty.
106HER HONOUR: Very well. His wife can speak to him also, obviously maintaining a distance though. All right, thank you very much.
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