Director of Public Prosecutions v Sikoulabout, Toumngeun and White
[2018] VCC 433
•16 March 2018
| IN THE COUNTY COURT OF VICTORIA | Revised (Not) Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No.17-01915; 17-01919; 17-02097
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| MAC SIKOULABOUT |
| AND |
| KIA TOUMNGEUN |
| AND |
| STEPHEN WHITE |
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JUDGE: | HIS HONOUR JUDGE M. BOURKE | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | ||
DATE OF SENTENCE: | 16 March 2018 | |
CASE MAY BE CITED AS: | DPP v Sikoulabout, Toumngeun & White | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 433 | |
REASONS FOR SENTENCE
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Catchwords:
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr A. Cecil | |
| For the First Accused | Mr J. Norton | |
| For the Second Accused | Ms J.L. Turfrey | |
| For the Third Accused | Mr I.J. Polak |
HIS HONOUR:
1 Mac Sikoulabout, on Indictment C1711270.1, (the main indictment), you are to be sentenced for two charges of aggravated home invasion under s.77B of the Crimes Act, two charges of armed robbery, one charge of theft and one charge of damaging property.
2 Kia Toumngeun, on the same indictment, you are to be sentenced for two charges of aggravated home invasion, two charges of armed robbery, one charge of theft, one charge of possessing a firearm as a prohibited person, and one charge of attempting to pervert the course of justice. You are also to be sentenced for the summary offence, possessing cartridge ammunition without licence. On a second Indictment H11307302, you are to be sentenced for trafficking in the drug of dependence, methylamphetamine.
3 Stephen White, on the main indictment you are to be sentenced for two charges of aggravated home invasion, two charges of armed robbery, one charge of theft and one charge of possessing a firearm as a prohibited person.
4 I have just realised that is not correct both in relation to Toumngeun and White. Am I not right there are three charges of possessing a firearm as a prohibited person. I am sure that is right, you can correct me when we come to sentence if that is not right.
5 The maximum sentences are 25 years' imprisonment for aggravated home invasion, for armed robbery and for attempting to pervert the course of justice; fifteen years' imprisonment for theft and trafficking in a drug of dependence; ten years' imprisonment for criminal damage and possession of a firearm as a prohibited person. The summary offence of possessing cartridge ammunition attracts a maximum penalty of 12 months' imprisonment.
6 You each pleaded guilty before me on 12 and 13 February. Mac Sikoulabout, when interviewed by police in May 2017 you mainly exercised your right to silence. Committal went by hand-up brief and you then entered a plea of guilty.
7
Kia Toumngeun, when then interviewed by police you made full admissions about your own involvement in the offending. You made a statement dated
12 May 2017. Whilst you admitted your own role, you falsely implicated a fourth offender Nigel Miller in the second of the two incidents of home invasion and armed robbery. This statement is the subject of the attempt to pervert the course of justice charge. Your committal also went by hand-up brief and you then pleaded guilty.
8 Stephen White, you denied involvement in both incidents to police in May 2017. However your committal also went by hand-up brief and you pleaded guilty.
9 All of your matters, I am directing this to the three of you, were listed for plea in the County Court at Mildura in December 2017. Stephen White, through your counsel, you conveyed that Miller had been falsely implicated in the second home invasion and also that Mac Sikoulabout's alleged attendance at the second was false. You were further interviewed and further statements were taken. You, Toumngeun, made a statement not implicating Miller and identifying the two further offenders as your partner and son. Nigel Miller was involved in the first incident and is yet to be dealt with for that.
10 The December plea hearings were adjourned to the February 2018 sittings before me.
11 You each respectively receive the benefit of your pleas of guilty and the level of cooperation that history of your proceedings shows. Your pleas were early and that has facilitated the interests of justice. I shall return to this later dealing with each of you more individually.
12 At your plea hearings on 12 and 13 February, Mr O'Doherty for the Crown tendered an amended summary of prosecution opening and Kia Toumngeun's original 12 May 2017 police statement.
13
Mac Sikoulabout, Mr Hallowes QC, who appeared for you with Mr Norton, tendered the forensic psychological report of Patrick Newton dated 16 November 2017, a large number of letters of character reference, a United Nations certificate in respect of volunteer work by you at a Thai refugee camp in the 1980s, your police statement dated 4 January 2018 which arose out of the matters raised by Stephen White at the aborted December plea hearing. Kia Toumngeun, Ms Turfrey for you tendered the forensic psychological report of Guy Coffey dated 4 December 2017, and your later police statement of 20 December. Stephen White, Mr Polak for you tendered the forensic psychological report of Michael Crewdson dated 17 December 2017, and your police statement of
19 December.
14
Each of you gave evidence before me undertaking to give evidence in accordance with your December and January statements against the two
co-offenders charged following those developments at the December plea hearing. They are Narelle Carter and Gia Toumngeun, as I have said the partner and son of you, Kia Toumngeun.
15 The circumstances of your offending are comprehensively set out in the tendered Crown opening which is Exhibit A. My own summary may therefore be relatively short.
16 In brief form you were each involved in two very serious incidents of home invasion and armed robbery. The first occurred on 5 February 2017 at a rural premises in Stoll Road, Tol Tol near Robinvale. Occupants and victims were farm workers, Pimpa and Kitti Wongan and Santuns Thephaung. The second occurred at another rural premises in Kenneth Road, Robinvale. The victims were farm workers and their family members, Joilin Rinti Yangoh, Maimun Banang, Luis Maimun, Mahmon Shukri Saadan and Mond Yusoff Bin Ng Ramin.
17 The three of you lived in Wodonga almost 500 kilometres away from Robinvale and knew each other in varying ways. You, Mac Sikoulabout, did not physically take part in the two incidents, however you were the instigator of both.
18 You had lived in the Wodonga area for almost 20 years. You separated from your wife of many years in 2010. Sometime after that in 2014 you began a relationship with Amphone Oudemephone. It was turbulent and ended in late 2016. You developed a number of grievances. You were of the view that she had stolen from you cash, jewellery and your Honda motor vehicle. It is likely that you were correct, at least about the car. You also thought she had been unfaithful to you during the relationship. You had reported to the Department of Immigration her illegal status in Australia. You were frustrated about inaction on that.
19 You established her whereabouts in the Robinvale area and reported her thefts to Robinvale police. A curious aspect of your offending and what transpired over the early months of 2017 is that you kept contact with and assisted Robinvale police, as victim of her alleged offending. In fact because of their action the car was recovered in February. You sent a thank you email and maintained cordial contact.
20 It is clear that you were motivated by grievance and revenge. However the particular reasons do not easily explain your persistence and the level of violence you were prepared to plan and orchestrate. It is the more puzzling given that you had, at 54 years, no criminal record.
21 Through contact with Kia Toumngeun, the three of you and Nigel Miller met and in late January and early February formulated the plan to invade the home at Tol Tol where it was thought Amphone Oudenephone was staying. The attraction for the others was that you, Sikoulabout, had said that there was 10 to $20,000 in cash at the house. On the night of 4 February you drove the group the approximate 500 kilometres to Robinvale and Tol Tol. Toumngeun, White and Miller went in. It was at 1 to 2 am of the 5th. It was a brutal and terrifying attack. You forced your way into a caravan and then the main house. Each of you had firearms. There was a knife attached as a bayonet to one. One of you had a mallet. You were wearing balaclavas. Occupants were bound and gagged with tape and cable ties. They were assaulted, including being struck with the mallet and guns. There were demands and menaces about the whereabouts of the money. The caravan and house were searched and ransacked. Ultimately you stole from the house mobile phones, a novelty sword, a television, house and car keys. You found $20 in cash. You had taken a necklace, mobile phone and $200 cash from the caravan. There was further theft from a car at the property. That included cash, ATM cards and a passport. Outside you Sikoulabout, slashed the tyres of the car. Your victims remained tied and gagged for some time before freeing themselves and calling police.
22 Mac Sikoulabout, police recovered your car in late February. You collected it in March but collided with a kangaroo in New South Wales. Police assisted you again.
23 Undaunted the three of you planned another home invasion in early April. Miller was not involved. New participants were Narelle Carter and Gia Toumngeun. Mac Sikoulabout, your role was organisational and you did not at first travel to Robinvale. The address targeted was 45 Kenneth Road. Again you were wrong. Amphone Oudenephone may have been staying at the premises across the road. Narelle Carter drove you, Kia Toumngeun and Stephen White and Gia Toumngeun to Robinvale. White, Kia Toumngeun and Gia Toumngeun went in. It was shortly after midnight on 17 April. Again there were disguises and firearms. There was also a stun gun or cattle prod this time.
24 Your group had in fact arrived in the Robinvale area during 16 April. Various factors had delayed you. During the day of the 16th, alcohol was drunk and methylamphetamine used. As stated, you invaded your victims' home soon after midnight on the 17th. That invasion was similarly brutal and terrifying. A sense of that is conveyed in paragraph 30 of the Crown opening. It deals with the experience of three of your victims within a bedroom of the premises.
"Two victims, an elderly Asian couple were lying beside each other on the bed with their adult son beside them. It is alleged that one of the accused unable to be determined has pulled both the elderly male and female's pants and underwear down leaving them naked from the waist down. He has then menaced the couple and their English speaking son with a firearm. He has pointed the firearm directly at the female's head. They were then told that if they did not cooperate the female would be raped. The female has spoken in an Asian dialect and a further threat to kill was made whilst pointing the gun at her head. The elderly female was distraught and crying and her son had to tell her to be quiet."
25 Throughout the premises victims were threatened and assaulted. The premises was ransacked. The cattle prod was used upon people. Cash, jewellery, mobile phones and other electrical devices were taken. A Ford motor vehicle was stolen. You left. That car, the stolen car, was abandoned a short distance away. The breakdown of your vehicle on the return trip meant that, Sikoulabout drove from Wodonga to an unknown New South Wales town and assisted the journey back.
26 Both you, Kia Toumngeun and Stephen White possessed firearms in circumstances that made you prohibited persons under the Firearms Act. That relates to prior offending and sentencing by courts within relevant periods.
27 Police investigation led to raids upon various premises in early May, revealing items such as firearms, ammunition and disguises, for example balaclavas. Each of you were arrested, interviewed and charged.
28
As to you Kia Toumngeun, a police raid upon your home in Wodonga on
11 May revealed precursor materials, documentation and end product of methylamphetamine manufacture. These are the basis of the offence of trafficking in that drug on the second indictment. I accept and it is not challenged by the Crown that such manufacture was related to your own, that is personal use. However the relevant provisions of the Drugs, Poisons and Controlled Substances Act establishes that as trafficking. Police also found quantities of cartridge ammunition This is the basis of the summary offence before me.
29 Kia Toumngeun, as to the pervert the course of justice charge, in May 2017 you made a police statement falsely saying that Nigel Miller was part of the second April home invasion and Mac Sikoulabout actually attended that at Robinvale. You also agreed to give evidence as to that against Miller in these proceedings. Miller, innocent of it, maintained denials. It was when the proceeding against all four of you then accused was listed for plea hearing in December 2017 that you, White, raised your concerns about it and made a statement to police. As stated, the matter was adjourned and further statements were taken. Kia Toumngeun, that included your own statement now implicating your partner and son. I accept that your motivation was to protect them when you falsely stated the involvement of Miller and presence of Sikoulabout. However as Mr O'Doherty put, you also chose to actually and falsely identify those two. Mr O'Doherty also raised the adverse feature of the expected benefit on sentence of an undertaking to give evidence against Miller. I do not see it as likely that this was operating upon you in a significant way when you made the false May 2017 statement.
30 Mac Sikoulabout, you are a 55 year old male who has no criminal history. You were born in Laos, one of eight children. The Vietnam war badly affected your childhood. You fled as a refugee in 1981 and after a number of years in Thai refugee camps came to Australia with your two sisters in 1987. After ten years in Canberra you came to the Wodonga area with your wife and settled there. You seemed to have lived a hardworking, pro social, productive life there. You have three children aged 22, 16 and 12. As I have said earlier you began fatefully a relationship with Amphone Oudenephone in 2014. Your family remain supportive of you and your wife was in court during the plea hearing. You are anxious about your children, to whom you still contribute. Imprisonment has been and will continue to be difficult for you because of this and your isolation in custody. This offending, serious as it is, is incongruous given your hitherto good character and long term positive engagement with your community. The tendered character evidence is large in volume and speaks highly of you.
31 Psychologist Patrick Newton reports no major mental health condition. You have suffered symptoms of depression at times in your life, I would find rationally reactive to situations such as your marriage breakdown and present position. You suffer anxiety related to this and more particularly the fate of your children. You are within normal intellectual and cognitive limits. Mr Newton describes you as an introverted, concrete thinking man. That you began and so obsessively persisted in this offending stands as a mystery.
32 Kia Toumngeun, you are now a 44 year old man. You were also born and spent your early life in Laos. You came to Australia with your family as a refugee in 1979 and therefore as a young child. You have two younger brothers with whom you no longer have contact. The family settled in Melbourne and then Wodonga. It was a strict Buddhist upbringing. Life here was difficult during schooling years and you left at 15. However you completed a welding course and have worked in that trade. That has been in various parts of Australia but mainly in the Wodonga area. You partnered at 21 and have five children. The relationship failed in 2008 but you have remained involved in your children. You left employment in May 2015 suffering depression. You have a current relationship with Narelle Carter, as identified before, a co-offender. You began using alcohol and cannabis in early teenage and substance abuse had developed into a major problem for you. That has related to heroin, amphetamines and ultimately methylamphetamine. At time of offending you were injecting that drug daily and suffered such consequences as sleep deprivation.
33 There have been symptoms of depression over a long time. Psychologist Guy Coffey diagnoses clinically depressive moods, "persistent depressive disorder" and "stimulant use disorder." I accept that you have difficulties taking antidepressant medication. Mr Coffey states that you have self-medicated with illicit drugs.
34 Your counsel has raised, although somewhat guardedly, the Verdins' principles. I see little relevance of them, albeit imprisonment is and will be more difficult because of your mental health problems. Your mental health and drug use and dependence provide a context; but little mitigation for offending such as this.
35 On my reckoning your criminal record states about 12 court appearances, leaving aside what seem mainly street offences in the 1990s when you were in teenage and early 20s. There is an element of duplication, given for example breaches of orders and appeals. However it is a significant record. There are drug, dishonesty and violent offences. This offending is markedly more serious than what you have done before.
36 Stephen White, you are 44 years of age. You were born and raised in Melbourne. Childhood featured some violence at the hands of your father. That relationship was problematic into adulthood. He is now deceased. You are close to your mother. She suffers Parkinson's disease and has not been able to visit you in prison. You are the eldest of three. You have a good relationship with your younger brother.
37 You left school at Year 11. You started an electrical apprenticeship; but that ended. You have worked in a variety of jobs, for example labouring and warehouse cool room work.
38 Your criminal record states a number of court appearances since July 1991 when you were 18. Between February 2007 and March 2016 there are six appearances, including those related to violence and drugs. There was a conviction for firearm offences in 2007. There are also a number of appearances for breaching family violence intervention orders. Mr Polak provided some context for this. For the past several years you have been in a relationship with a woman named Kerry Butler. She has five children with whom you have a good relationship. I was told that Ms Butler has mental health problems and that your relationship has been turbulent and at times very dysfunctional. Mr Polak states intervention orders " going both ways." In the time leading to this offending you had left the home. You began living with Kia Toumngeun. In that context, it is put, you became involved. You abused drugs over time however this accelerated in recent years in the context of your relationship difficulties and isolation. You were using methylamphetamine leading to and at the time of offending.
39 Psychologist Michael Crewdson describes a number of psychological and personality vulnerabilities. He diagnoses "persistent depressive disorder" with the element of anxiety. He recommends psychological assistance in custody. You have been in protective custody arising out of these proceedings. These matters will impact on the burden of imprisonment.
40 The appalling and brutal nature of the offences which occurred at these two homes is made clear by simple description of it. It was particularly serious offending, possessing many of the very adverse features present in what can be called high end examples of the offence. It was at night, there were disguises and weapons. People were without doubt terrified and cruelly assaulted. It originated in personal grievance. I would add that I see the victims here as very vulnerable. Mac Sikoulabout and Kia Toumngeun you faced difficulties in coming and settling in Australia. Years later you are part of an attack upon people in their homes; people who have come to a new place seeking and working to make a life there. That, after what was done to the first victims, you committed the second invasion is relevant.
41 Kia Toumngeun, the other charges against you, for example perverting the course of justice are also serious. You placed a man at risk, I would say imminent risk of imprisonment when you knew him innocent.
42 The circumstances here emphatically make important the sentencing considerations and purposes of deterrence (both general and specific deterrence) high moral culpability, the need to sentence in a way to condemn what you did and give proportionate punishment for it. Deterrence is important. Home invasion is seen as prevalent and damaging to our community and its sense of well-being. You and perhaps particularly others must be deterred in order to protect that. There must be sentences of imprisonment of very substantial length. Section 10AC of the Sentencing Act requires a non-parole period of at least three years when sentencing for aggravated home invasion, unless there is special reason to do otherwise. Leaving aside the difficulty of that when imposing a total sentence for multiple offences, that section has no practical relevance here. Independent of s.10AC, the non-parole period I fix must be well in excess of three years.
43 There are moderating factors which must be taken into account and go to reduce your sentences compared to what the objectively viewed circumstances would require.
44 As to you Mac Sikoulabout, I take into account the following matters.
45 1) Your plea of guilty and cooperation. That includes your undertaking of further assistance. You express remorse.
46 2) Your personal history and circumstances.
47 3) That at 55 you are of otherwise good character. The large volume of character evidence tendered speaks highly of you.
48 4) You should be seen as having genuine prospects for rehabilitation despite the high criminality and moral culpability of these offences.
49 Kia Toumngeun, I take into account the following matters.
50 1) Your pleas of guilty and cooperation. That is compromised by your offence of attempting to pervert the course of justice in the circumstances of that. However your plea and undertaking of assistance in respect of the remaining co-offenders, both close to you, still carries significant utilitarian benefit. You also express remorse.
51 2) Your personal history and circumstances. This includes your mental health problems.
52 3) Rehabilitation for you relies heavily upon you addressing drug dependence. One necessarily feels guarded. However I do not utterly discount it. You present in some ways as a capable man who has ability to live a pro social, productive life.
53 Stephen White, I take into account the following matters.
54 1) Your plea of guilty and cooperation, including the undertaking of future assistance. These matters have particular importance in your case. It was you who precipitated developments in the December 2017 plea hearing which led to a correct version of events and the withdrawal of the second home invasion charges against the falsely accused Miller. I accept that you did this because of a genuine concern about impending injustice. This gives real credence to the quality of your plea, cooperation and, I would find, expression of remorse. I see this as a significant factor.
55 2) Your personal history and circumstances. This includes your psychological symptoms and difficult personal circumstances in the time prior to offending.
56 3) You have prior convictions and this was offending of high moral culpability. However, particularly bearing in mind my findings in the circumstances of your cooperation, I come to see your prospects of rehabilitation as genuine. Much will depend upon abstinence from drugs and your capacity to address the problems of your personal life.
57 I must apply the principle of totality. This requires some moderation of individual sentences and orders for only partial cumulation and some concurrency.
58 The question of parity or disparity between you arises. On this, comparison raises matters both favourable and adverse to each of you. For example, you Mac Sikoulabout have no criminal history; but you were, it is clear, a primary figure in this. It was your grievance. You instigated and persisted with it. Further I see the two home invasion episodes to be classic acts of complicit or concerted behaviour. The particular roles between you, physical attendance or not, and individual acts within the attack matter little in this case. You should be seen as equally culpable.
59 Ultimately, weighing all relevant matters related to each of you, I have found that you should receive the same or very similar sentences on these charges. That has the exception of you, Stephen White. You should receive the benefit of the circumstances of your cooperation and my findings on them.
60 This was particularly serious offending. Whilst as almost always there are relevant competing factors, the circumstances, criminality of the offences and those adverse sentencing considerations which flow weigh very highly in this case. The proportionate sentence must be very substantial.
61 After considering what I see to be the relevant matters I sentence you as follows.
Stand up please Mac Sikoulabout
62 On Indictment C1711270.1; on Charge 1, aggravated home invasion, you are sentenced to seven years' imprisonment.
63 On Charge 2, to four and a half years' imprisonment.
64 On Charge 3, to six months' imprisonment.
65 On Charge 4, aggravated home invasion, eight years' imprisonment.
66 On Charge 5, four years' imprisonment.
67 On Charge 6, six months' imprisonment.
68 I direct that two and a half years of the sentence for Charge 1, and six months of the sentences on Charges 2 and 5 be served cumulatively on the sentence for Charge 4 and upon each other. That is a total effective sentence of eleven and a half years. I set a minimum term of eight years before eligibility for parole.
69 I declare under s.18 of the Sentencing Act, 290 days of pre-sentence detention.
70 Under 6AAA I indicate that had you not pleaded guilty I would have sentenced you to 14 years with a minimum of 11 years. Sit down please.
Kia Toumngeun
71 On Indictment C1711270.1; on Charge 1, aggravated home invasion, you are sentenced to seven years' imprisonment.
72 On Charge 2, armed robbery, you are sentenced to four and a half years' imprisonment.
73 On Charge 4, aggravated home invasion, you are sentenced to eight years' imprisonment.
74 On Charge 5, armed robbery, you are sentenced to four and a half years' imprisonment.
75 On Charge 6, theft, to six months' imprisonment.
76 On Charge 8, possessing a firearm as a prohibited person you are sentenced to six months' imprisonment.
77 On Charge 10, perverting the course of justice you are sentenced to three years' imprisonment.
78 On Indictment H11307302, for one charge of trafficking in a drug of dependence you are sentenced to six months' imprisonment.
79 On the summary offence of possessing cartridge, you are sentenced to three months' imprisonment.
80 I direct that two and a half years of the sentence for Charge 1, six months of the sentence for Charges 2, 5 and 10, (all of those on Indictment C1711270.1), and two months of the sentence for trafficking on Indictment H11307302 be served cumulatively upon the sentence for Charge 4 and upon each other. That is a total sentence of 12 years and two months. I set a minimum term before eligibility for parole of eight and a half years.
81 Under s.18 of the Sentencing Act, I declare 310 days of pre-sentence detention.
82 Had you not pleaded guilty I would have imposed a sentence of 14 and a half years with a minimum term of 11 and a half years.
Stephen White
83 On Indictment C1711270.1 on Charge 1 you are sentenced to six years' imprisonment.
84 On Charge 2, to four years' imprisonment.
85 On Charge 4, to seven years' imprisonment.
86 On Charge 5, to four years' imprisonment.
87 On Charge 6, to six months' imprisonment.
88 On Charge 7 to six months' imprisonment.
89 I direct that two years of the sentence for Charge 1 and six months of the sentences on Charges 2 and 5 be served cumulatively on the sentence for Charge 4. That is a total sentence of ten years' imprisonment. I set a minimum term of six and a half years.
90 I declare under s.18, 308 days of pre-sentence detention.
91 I indicate that had you not pleaded guilty, I would have imposed a sentence of 14 years and 11 months. Had you not pleaded guilty you would not have assisted in relation to the innocent man charged.
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HIS HONOUR: What else needs to be done?
MR NORTON: Can I just indicate Your Honour, I've made a mistake in terms of the PSD. I've had another go at it and it's 290.
HIS HONOUR: All right. That can be - I simply declare that as 290 now.
MR NORTON: Thank you Your Honour. The other matter Your Honour, when Your Honour was announcing the maximum penalties at the start.
HIS HONOUR: Yes.
MR NORTON: I thought that I heard Your Honour say the maximum penalty for theft was 15 years.
HIS HONOUR: No it's ten isn't it.
MR NORTON: It is ten, yes.
HIS HONOUR: Yes if I said 15 it was a mistake, I'm sorry it's ten years, thank you. I think that's clear to everyone.
MR NORTON: Yes.
HIS HONOUR: Even to me.
MR NORTON: I knew it was a slip of the tongue which is why - - -
HIS HONOUR: Yes thank you. Yes what else needs to be done?
MR CECIL: Apart from the housekeeping with the orders Your Honour, I'm just a little confused about Charges 7, 8 and 9.
HIS HONOUR: They seem to be on the presentment as - - -
MR CECIL: They seem to be on the presentment as each accused having three charges.
HIS HONOUR: I presume - well yes that's right. There were two events of home invasion and they held weapons. It makes no difference because I imposed concurrent sentences on that.
MR CECIL: Yes.
HIS HONOUR: But perhaps it should be clarified.
MR CECIL: Yes it just appears that - - -
HIS HONOUR: I can't remember it being - - -
MR CECIL: Charge 7 relates to Mr White, Charge 8 to Mr Toumngeun.
HIS HONOUR: This might have been - I might be in error. Hand me up the presentment.
MR CECIL: I will.
HIS HONOUR: Stephen White is Charge 7.
MR CECIL: Yes.
HIS HONOUR: And Kia Toumngeun is Charge 8. And Charge 9 was Nigel Miller.
MR CECIL: Yes there's one for each accused.
HIS HONOUR: Yes I've made an error. I'll state that sentence again, it makes no difference to the total sentence - -
MR CECIL: Yes.
HIS HONOUR: - - - because I sentenced concurrently. Do I need to go through them all again or simply state that to be - - -
MR CECIL: No just make it one charge for each.
HIS HONOUR: To make it clear, just let me look, thank you. And none of the men need to stand up. It makes no difference to Sikoulabout. Kia Toumngeun is sentenced on Charge 8 to being a prohibited person in possession of a firearm. So he is not sentenced at all on Charges 7 or 9. Stephen White is sentenced on Charge 7 to that offence. Toumngeun on Charge 8 received and does receive six months' imprisonment White on Charge 7 receives six months' imprisonment as I said before, or did not say before, there is no cumulation so it makes no difference to the total sentence.
MR CECIL: The other matters are only housekeeping sir. There's a 464 for
Mr Sikoulabout for a swab only. There's a forfeiture order for Mr Toumngeun in relation to the rifles and the ammunition.
HIS HONOUR: I will sign those. The reasons for making the forensic sample are self-evident.
MR CECIL: There's a disposal order again for Mr Toumngeun in relation to the materials seized during the course of the trafficking operation if I can refer to it like that.
HIS HONOUR: I'll sign them. There's no objection to any of these orders?
MR NORTON: No Your Honour.
MR CECIL: And lastly a disposal order for all three in relation to various items seized as a result of the home invasions.
HIS HONOUR: All right. Now I'll sign the forensic sample order first, it relates to
Mr Sikoulabout. Mr Sikoulabout, would you mind standing please. I am making an order that you supply a sample of your saliva. The reasons for that are the very great seriousness of the circumstances of this offending. It will be arranged in prison that you supply it by swabbing your own mouth. If you do that cooperatively that is the end of it. If you do not, a sample of blood may be taken by injection and reasonable force used. I will sign that now. I do not need to say anything about the other orders, they are not opposed, I will simply sign them.
MS TURFREY: Except to say Your Honour, that a laptop was seized at
Mr Toumngeun's home during that raid and the laptop has nothing to do with any of the charges so the daughter is seeking return of that as it contains family photographs.
HIS HONOUR: Is that the forfeiture order?
MS TURFREY: I'm not sure which order it's on but it's property that is still held by the police.
MR CECIL: We can sort that out Your Honour, I'll undertake to assist - - -
HIS HONOUR: I will put a line through it but I can't see it there.
MR CECIL: I will assist Ms Turfrey.
HIS HONOUR: Yes, I've only been given the forfeiture order. The forfeiture order is not opposed. I will sign that. There are two disposal orders are there?
MR CECIL: Yes Your Honour, one for each of the events that Mr Toumngeun - - -
HIS HONOUR: Ms Turfrey, I can't see it in that one. I will sign the one where it's not. Do you have a copy of the order Ms Turfrey?
MS TURFREY: No I don't Your Honour.
HIS HONOUR: The schedule is massive. I can't see that item in either of the orders. Can you Mr - - -
MR CECIL: I just handed all my copies up Your Honour, but we'll undertake to put a line through it.
HIS HONOUR: Are you happy with that?
MS TURFREY: Yes Your Honour.
HIS HONOUR: I'll hand those orders back. Nothing else to do?
MR CECIL: No sir.
HIS HONOUR: All right.
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