Director of Public Prosecutions v Smith
[2015] VCC 1088
•5 August 2015
based
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-12-01391
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| WOLFE SMITH |
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JUDGE: | HER HONOUR JUDGE PULLEN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 31 July 2015 | |
DATE OF SENTENCE: | 5 August 2015 | |
CASE MAY BE CITED AS: | DPP v Smith | |
MEDIUM NEUTRAL CITATION: | [2015] VCC 1088 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the Prosecution | Mr T. Hoare | Office of Public Prosecutions |
| For the Offender | Mr C. Heliotis QC and Mr D. Porceddu | Schembri & Co |
HER HONOUR:
1 Wolfe Smith, you have pleaded guilty to two charges of robbery. The maximum penalty for each charge is 15 years' imprisonment.
2 These crimes arise out of events which took place on 28 November 2011 involving victims, Thomas Bissett and Alistair Ridley.
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 consistent with Exhibit A. 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. It is sufficient for present purposes to simply say your offending was most serious and disturbing.
4
I turn to a brief summary of your offending. At approximately 7.05pm on
28 November 2011, you went to the premises of Thomas Bissett, a person who sold drugs, specifically ecstasy tablets.
5 Bissett took you into his bedroom and unlocked a metal safe that contained about 70 ecstasy tablets and approximately $250 to $300 in cash.
6 You were both discussing the price of the drugs when you asked to look at the plastic bag. Bissett handed you the bag and you said you were taking the bag and whatever was in the safe.
7 Bissett said he knew from the way you were acting and by what you said, that you were not going to buy the tablets, rather were going to take them.
8 Bissett pleaded with you not to take the items but you replied, “Give me the cash or I'll pull my gun out.” You pulled out a pair of leather gloves and started putting them on.
9 Bissett felt threatened by you and handed over the cash. You also kept the ecstasy tablets which you already had in your possession (Charge 1).
10 Bissett told you he was leaving as he had to meet someone. You then said, “You’re not going anywhere, you’re going to take me to Ridley’s place.”
11 Bissett took you to the rear of the premises next door where Ridley lived. The door was opened, and Bissett followed you by walking into the lounge room of the flat. There were two persons present, Ridley and Perry, seated in the lounge room.
12 You said to Ridley, “Do you remember me, where is the weed?” Ridley asked what was going on and you repeated that you wanted some “weed”. Ridley picked up a small bag of cannabis and offered it to you. You grabbed $30 that was sitting on the couch, saying, “Where’s the rest of it?” (Charge 2 relating to the robbery of cash).
13 You were standing over Ridley, who was seated on the couch. Ridley got up on his feet, pushed you away and grabbed a meat cleaver from the shelf behind him to defend himself.
14 Ridley started waving the meat cleaver at you and you backed down the hallway and the two of you struggled for the meat cleaver. Ridley cut his left index finger.
15 Ridley called out for Perry and Bissett to help him. Perry kicked you to the side of your head, causing you to be pushed backwards. Perry fell to the ground in front of Ridley, and Perry received a laceration to his right ankle. You then left the premises.
16 You were arrested later that day at approximately 8.45pm when you attended at the police station to report the assault upon you.
17 Turning to the circumstances of your offending, I note your offending involved threats and not a weapon. Injuries sustained by you and Ridley occurred as you tried to get away from the meat cleaver.
18 An aggravating feature of your offending was that you were on bail at the time for offences of violence committed on 28 March 2010 at the Tower Hotel in Hawthorn East.
19 I also note concerningly that offending (at the Tower Hotel) occurred on 28 March 2010 just 18 days after you had been placed on a community-based order on 10 March 2010. That is not an aggravating feature of your offending before me, however, causes me concern regarding your ability and willingness to comply with a community correction order, which was being urged upon me for this current offending.
20 You are, of course, not being re-sentenced for your offending at the Tower Hotel.
21 You appeared at Melbourne Magistrates’ Court on 12 July 2013 for breaching that community-based order and the original order was confirmed for a period of 24 months.
22 No victim impact statements were before me, although I understand the victims have been given the opportunity to make them.
23 You have pleaded guilty to these two charges and are entitled to have that fact taken into account in your favour and I do so. The community, by your plea of guilty, has been spared the time and cost of a trial and witnesses have been spared the need to give evidence upon your trial.
24 Initially this matter was to proceed to trial on 9 November 2015. That trial had previously been adjourned on a number of occasions due to your inability to adequately give instructions and follow the course of a trial as a result of the injury you sustained in prison. However, you have now indicated your intention to plead guilty. I accept your solicitors have been attempting to resolve your offending to a suitable indictment, especially since you were assaulted in prison whilst serving your current prison sentence.
25 Mr Heliotis QC, who appeared on your behalf, submitted at the time of sentence for the offending before me this was committed approximately three and a half years ago and that you are now a very different person from the person who committed these crimes. In particular, Mr Heliotis relied on the assault upon you whilst in prison serving the sentence, as I have said, imposed for your offending in relation to the Tower Hotel.
26 Details were provided of that assault. It was not disputed by the prosecution you were the victim of a serious assault at Barwon Prison in October 2012 by a group of unknown males of Islander appearance whilst serving the sentence imposed by his Honour Judge Tinney on 31 August 2012. You were sentenced by his Honour following trial where you were found guilty of intentionally causing serious injury and attempting to pervert the course of justice. His Honour sentenced you to four years and nine months' imprisonment and ordered you serve a non-parole period of two years and nine months.
27 You appealed your conviction and sentence and the appeal was dismissed[1].
[1] [2013] VSCA 112
28 The day before the assault, it seems, you were transferred from Marngoneet Correctional Facility where you had undergone the majority of your sentence of incarceration since around July 2012.
29 Your transfer from Marngoneet to Barwon was as a result of authorities becoming aware of demands for cash payment of $30,000 against your father, and there were also warnings made that if the cash was not paid, there would be retribution against you. It would appear from your solicitor’s correspondence to Dr Popp dated 11 December 2012, you were transferred from the secure surrounds of Marngoneet to mainstream prison at Barwon, then almost immediately assaulted and hospitalised.
30 As a result of the injuries, you were airlifted to the Alfred Hospital with significant head injuries, and in a coma for approximately two to three weeks. You were then transferred to St Vincent’s Hospital for approximately three weeks, then a number of days at St John’s Hospital, a facility within Port Philip Prison. There were a number of reports before me regarding the injuries sustained and, in that regard, I have read the reports of Mr Kenneth Myers, Surgeon, dated 1 October 2014, 1 May 2013 (Exhibits 7 and 8) and 7 July 2014 and 5 March 2013.
31 Also before me were three reports from Dr Nathaniel Popp, Neuropsychologist, who addressed the injuries and sequelae of that assault. I have also read his reports dated 20 November 2013 (Exhibit 3), and earlier reports of 12 May 2013 (Exhibit 4), and March 2013 (Exhibit 5). I have also read a Neurological Addendum Report dated 17 February 2015 also from Dr Popp (Exhibit 6).
32 I discussed those reports briefly with counsel and I do not intend to summarise them in these sentencing remarks. It is clear from all the material you were the victim of a very serious assault and received very serious injuries which had adversely affected your life.
33 Also before me was a psychological report prepared by Mr Bernard Healey dated 21 June 2012 (Exhibit 9), which I assume was prepared for the hearing before his Honour Judge Tinney.
34 The most recent report before me was from Ms Louise Boin, Clinical Neuropsychologist, dated 11 February 2015 (Exhibit 2), regarding your current neuropsychological situation. I have also read her report. In her opinion, you suffered a very severe brain injury in 2012. Your current pattern of neuropsychological functioning was consistent with you having an acquired brain injury (ABI) with reduced functioning across a range of cognitive domains. She recommended a full assessment of your social perception abilities, perhaps by a speech pathologist.
35 Ms Boin observed that the period of noticeable cognitive improvement following an ABI was ‘classically’ two years. However, she thought you were likely to improve for some time after your release from prison as a result of being confronted with more complex and more functional challenges when back in the community.
36 It was important, in her opinion, you begin a structured rehabilitation program in the community immediately upon release to maximise the benefits of any future rehabilitation and minimise maladaptive responses.
37 Ms Boin referred to you having undergone occupational therapy interventions in the prison environment to the level available within that system and suggested the possibility of speech pathology being addressed prior to your release.
38 Ms Boin noted you did not have the capacity to manage and make reasonable judgments about your own medical care, and that in her opinion, you would need to undergo medical, neuropsychological and occupational therapy assessments before, for example, applying to regain a driver’s licence.
39 Regarding further occupational therapy treatment in custody, in her opinion it was unlikely that continued occupational therapy would be advantageous to you whilst in the prison environment. It was important you underwent a comprehensive rehabilitation program after release. In that regard, Ms Boin referred to a number of recommendations relevant to assisting your rehabilitation (page 9 of her report).
40 Also before me were a number of references prepared in 2010 relevant to earlier court appearances.
41 Mr Heliotis, who appeared with Mr Porceddu at your plea hearing, provided a written outline of his sentencing submissions, and I turn briefly to summarise those, but I have also read those submissions.
42 You are 31 years of age at sentence, single, born in Melbourne.
43 You were educated to Year 8 at Scotch College then completed Year 9 at a sports academy. You have also completed short courses in physical fitness, nutrition and first aid.
44 Your parents separated when you were 13 years of age and, not surprisingly, you found that difficult emotionally. As I understood, you had lived with your father since shortly after that separation.
45 You began alcohol and cannabis abuse at age 14, and since 15 had used virtually all forms of narcotic drugs. Speed and ice had been your drugs of choice. You said you had ceased all drug use following your incarceration in 2012.
46 Your employment in the past had been limited, most of your employment being in your father’s business.
47 In relation to this offending, as I have previously noted, you were on bail for the offences committed at the Tower Hotel. On 31 August 2012, whilst awaiting trial on the charges that are currently before me, you were convicted of the Tower Hotel charges and sentenced to imprisonment.
48 Mr Heliotis referred in his written submissions to the assault upon you in custody. He submitted the bulk of your sentence to date had been served at St Paul’s and St John’s medical facilities at Port Philip Prison and at the Hopkins Correctional Centre.
49 Turning to your offending, Mr Heliotis conceded the offence of robbery is a serious crime, and he is correct. He submitted both these offences sat at the lowest end of the spectrum. I do not necessarily agree with that assessment, however your offending is certainly not at the higher end of the spectrum.
50 Mr Heliotis submitted you could be released for your offending on a community corrections order and relied upon the decisions of Boulton & Ors[2]. I note also the recent decisions by the Court of Appeal in DPP v Maxfield,[3] Alam v The Queen[4] and Hutchinson v The Queen[5].
[2] (2014) VSCA 342
[3] (2015) VSCA 95
[4] [2015] VSCA 48
[5] (2015) VSCA 115
51 Mr Heliotis submitted the person being sentenced by me for these offences of robbery is very different from the person you were at the time of this offending. I accept your acquired brain injury is permanent and will adversely affect you for the rest of your life. Further, I accept you will require ongoing treatment and assistance in all facets of your life if you are going to improve.
52 Mr Heliotis submitted that your former aggressiveness consistent with, I might add, your prior criminal history and also your offending at the Tower Hotel, was now replaced with fear you might be the victim of another assault and be severely incapacitated or killed should that occur.
53 Mr Heliotis submitted regarding the principles of R v Verdins & Ors[6] that I should be satisfied the restatement of Tsiaras principles 5 and 6 applied when sentencing you. I am so satisfied and I note Mr Hoare, who appeared on behalf of the prosecution, conceded such was applicable when sentencing you.
[6] (2007) 16 VR 269
54 Mr Heliotis also referred to the delay of approximately four years in these offences being determined.
55 You have strong family support, who I gather were in Court to support you during your plea hearing.
56 Mr Heliotis also submitted you were a poor vehicle for general deterrence and urged I conclude specific deterrence was not required. Whilst I concede that you may be a poor vehicle for general deterrence, although not eliminated, in my opinion there needs to be an element of specific deterrence when sentencing you.
57 Mr Hoare conceded a community correction order would be within the range of appropriate dispositions for your offending.
58 I arranged to have you assessed for your suitability or otherwise for a community correction order, albeit I noticed you have not had much success on a community-based order in the past.
59 I received an Assessment Report prepared by Mr Temple-Camp dated 31 July 2015, and you have been assessed as being high risk of re-offending.
60 The conditions and requirements of a community correction order were explained to you and you agreed to comply with those conditions.
61 I requested your assessor address possible conditions that appear in the report (page 1). It was noted by Mr Temple-Camp you had previously breached a community-based order, although not in relation to treatment or supervision conditions.
62 You stated your medical and cognitive issues would not prevent your compliance with a community correction order.
63 A number of conditions were recommended by Mr Temple-Camp consistent with my indications of suggested and appropriate conditions.
64 Given your current incarceration and lack of clarity regarding your release date, Mr Temple-Camp suggested the community correction order, if imposed, commence upon your release from custody.
65 The proposed conditions were discussed with you, apparently by Mr Temple-Camp, and you consented to the community correction order in those terms.
66 In those circumstances, I have determined that to impose a community correction order is appropriate. However, there will be a number of conditions attached to the order.
67 Before I formally sentence you on the two charges of robbery that are before me, I must therefore explain to you what a community correction order involves so you understand your obligations on such an order. I then need to ascertain whether or not you consent to the order being made in those terms. This is my proposal.
68 Is he going to need any help with this?
69 MR PORCEDDU: Yes, Your Honour, I think perhaps if my instructor approaches him, Your Honour.
70 HER HONOUR: Sure.
71 MR PORCEDDU: Thank you, Your Honour.
72 HER HONOUR: I don't want any mistake. I want him to understand exactly what this order is about. No second chances if he comes back.
73 MR PORCEDDU: Yes, Your Honour, that's understood.
74 HER HONOUR: It will be gaol, so I want him to understand this if he agrees to it, that's all.
75 MR PORCEDDU: Yes, Your Honour. I did tell him you would be explaining it to him and he would have to acknowledge that he understood it and that he agrees to comply with it. So as far as that goes, that has been explained to him, but - - -
76 HER HONOUR: As best you can. All right. We will just make doubly sure.
77 MR PORCEDDU: Yes, Your Honour, I think you should.
78 HER HONOUR: So what I am proposing is, on Charges 1 and 2, you be convicted and placed on a community correction order for a period of four years upon your release from custody. Four years.
79 Now there are a number of core conditions that apply to all community correction orders, and these apply to you as well, these conditions apply whether you like it or not.
80 You must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment. That can include things like driving offences, so you have to be very careful. All sorts of offences include potential for gaol. So any of those and you will be back before me and I have to re-sentence you on these two charges and you will go to gaol. Yes?
81 OFFENDER: Yeah.
82 HER HONOUR: You must report to and receive visits from the Secretary to the Department of Justice, or his or her nominee, during the period of the order. So they will tell you what to do and you have got to do it, no excuses.
83 OFFENDER: Yeah.
84
HER HONOUR: You must report to the Community Corrections Centre at
703 Station Street, Box Hill within two days following your release from custody.
85 OFFENDER: Yes.
86 HER HONOUR: They will know when you are out. If you do not turn up, you have breached the order, you are back before me, the result is inevitable.
87 You must notify the Secretary, or his or her nominee, of any change of address or employment within two clear working days after that change. Tell them if you change your address, tell them if you change your job - - -
88 OFFENDER: Yes.
89 HER HONOUR: - - - within two days, otherwise you breach the order.
90 You must not leave Victoria except with the permission of the Secretary to the Department of Justice, or his or her nominee. No holidays interstate or anywhere else unless you get permission.
91 OFFENDER: Yes.
92 HER HONOUR: You must comply with any direction given by the Secretary, or the nominee - it will be the Corrections officer, that is necessary for the Secretary to give to ensure you comply with the order. The Corrections officer, do what they tell you.
93 OFFENDER: Yes.
94 HER HONOUR: There are a number of additional conditions that are going to be attached to this order, and these apply to you. Listen carefully, these are added conditions.
95 You must perform 300 hours of unpaid community work over a period of the first two years of the order (s48C).
96 OFFENDER: Yes.
97 HER HONOUR: You must be under the supervision of a Community Corrections officer for a period of four years.
98 You are required to be supervised, monitored and managed - so this is a supervision condition - as directed by the Secretary, or his or her nominee (s.48E).
99 You must undergo assessment and treatment (including testing) for drug abuse or dependency as directed by the Regional Manager (s48D(3)(a)). So if they tell you you have to be tested for drugs, you have got to go and do it.
100 OFFENDER: Yes.
101 HER HONOUR: These reports will go to them, the ones that you have handed today, but you need to - if they tell you to have testing or assessment for drugs, you have got to go. You know, we always hear that people are not going to use again, but they might say "Well, let's just check."
102 You must undergo mental health assessment and treatment including (but not limited to) mental health, psychological, neuropsychological and psychiatric treatment in a hospital or residential facility as directed by the Regional Manager (s48D(3)(e)). And medical. That should also be added to that one as well. No, there is a separate one.
103 You must undergo any medical assessment and treatment that may include general or specialist medical treatment or treatment in a hospital or residential facility, as directed by the Regional Manager (s.48D(3(d)).
104 You must undergo programs or courses aimed at addressing factors relating to the offending, as directed by the Regional Manager (s48D(3)(f)).
105 OFFENDER: Yes.
106 HER HONOUR: You must attend for review of your progress and compliance or otherwise with conditions of the order and you have to come back before me on 2 August 2016 at 9.30am (s48K).
107 OFFENDER: Yes.
108 HER HONOUR: So you have an appointment with me on 2 August 2016. In that regard, I note you are currently in custody, and therefore I am assuming that by then you will be in the community. It may be you are only in the community a few months at that stage. It may be you are not in the community, and I will be told that on that day and you will therefore be in custody and you cannot be here.
109 OFFENDER: Yeah.
110 HER HONOUR: But it may be you are only out for a few months. You may be out longer by 2 August 2016, but if you are out, you have got to be here before me.
111 OFFENDER: Yes, Miss.
112 HER HONOUR: And every year thereafter that the date will be then set. So assume it is 12 monthly intervals, thereabouts, all right? First appointment with me is 2 August at 9.30 am, you have to be here at court. If you are not, you breach the order. I have to re-sentence you then - - -
113 OFFENDER: Okay.
114 HER HONOUR: - - - and the options then are effectively nil.
115 OFFENDER: Yes.
116 HER HONOUR: Now if, however, you breach the order in some other way, by not doing the things you are told to do, not attending for drug counselling, not doing whatever, not attending for work, then you will also be breached and you come back before me and I have to re-sentence you on the two charges of robbery. So that is how it works.
117 OFFENDER: Okay.
118 HER HONOUR: So you have got to be very careful. No excuses are entertained by me. In other words, you must do all the things you are expected to do, and you cannot just say, "Look, that clashes with my rehab appointment." Make sure it does not clash. If you are in a residential facility, then tell Corrections and they will not breach you for not attending.
119 OFFENDER: Okay.
120 HER HONOUR: You have got to be very careful, because no excuse is entertained. Do you follow?
121 OFFENDER: Yes.
122 HER HONOUR: It would be very unwise to test that.
123 I can only impose a community correction order if you agree to such an order being imposed, so I have got to tell you even more about it, all right, so keep listening.
124 I should advise you that if you contravene or breach this order by committing further offences, you can be charged and a sentence of imprisonment is one of the options that can be imposed for the breach (s83A(d)).
125 You can also be re-sentenced for the offences that are before me, as I have been saying, that is, the two robbery charges, and one of the options available to me includes a term of imprisonment (s83A(s)).
126 So you have to be extra careful for the next four years. No committing any further offences that might incur a term of imprisonment, no breaching the community correction order in any way, shape or form, otherwise you come back before me, not to another judge, me, because it is my order, and I have to re-sentence you on the two charges of robbery, and the sentencing options, once you have breached a community correction order, are effectively nil. So you have to be extra careful.
127 OFFENDER: Yes, Miss.
128 HER HONOUR: I also have to advise you that if you fail to comply with any direction of the Secretary to the Department of Justice, that is, a Community Corrections officer, as part of this order, a substantial fine can be imposed (s83A(e) and (f)).
129 Now are you aware of all those things?
130 OFFENDER: Yes.
131 HER HONOUR: Very well. Before I move, I will just check, Mr Porceddu, are you satisfied that he understands all of those things?
132 MR PORCEDDU: I think so, Your Honour. He has acknowledged each and every condition and it's on the transcript, Your Honour.
133 HER HONOUR: All right, that is what I wanted to hear. Thank you.
134 Now being fully aware of the ramifications of the order, what it all means, do you consent to the order being made in all those terms that I have just read out? Nice loud voice.
135 OFFENDER: Yes.
136 HER HONOUR: Thank you. Have a seat.
137 I formally proceed to sentence.
138 Charges 1 and 2, convicted and placed on a community correction order for a period of 4 years, and that commences upon your release, as you know, with the conditions to which I have just referred being conditions of that order.
139 Pursuant to s6AAA Sentencing Act 1991, had you been found guilty of these charges following jury verdict, in other words, if you had pleaded not guilty to the two charges of robbery and been found guilty of those two charges of robbery, I would not have imposed a community correction order at all. I would have sentenced you to imprisonment for 5 years and set a non-parole period of 3 years.
140 Both parties, as I say, have confirmed by email, dated 3 August 2015, that nil days are to be declared pursuant to s.18(4) Sentencing Act 1991, in relation to the two charges before me. I simply note that in case I have to revisit this sentence in the future, which of course I hope I do not, but it is there and I do not have to look around to find that answer.
141 No other orders were sought by the prosecution, as I understand it.
142 MR HOARE: Yes, Your Honour.
143 HER HONOUR: Now let me just have a quick look at this. Mr Porceddu, just so that you are aware, in relation to the commencement date, you would have read the report of Mr Temple-Camp. You have seen that, no doubt?
144 MR PORCEDDU: Yes, I think it's outlined at p.2 as to - - -
145 HER HONOUR: Yes, just so long as you are aware of that.
146 MR PORCEDDU: Yes.
147 HER HONOUR: Commence upon his release from custody. So he cannot sort of try and slip under the radar, walk out the door of prison and then sort of keep his fingers crossed. That would be risky.
148 MR PORCEDDU: Well, it would be in breach of the order, Your Honour.
149 HER HONOUR: Exactly. That's why it would be risky.
150 MR PORCEDDU: Yes, Your Honour, he understands that.
151 HER HONOUR: So long as he understands. You will explain that to him.
152 MR PORCEDDU: Yes, I will.
153 HER HONOUR: Because they will know, but, you know, then he has got to report within two working days.
154 MR PORCEDDU: Yes, yes.
155 HER HONOUR: I understand you know that, but if you could just make sure he does - - -
156 MR PORCEDDU: I will.
157 HER HONOUR: - - - so there is no mess-up, because I am not going to be terribly impressed with that. And judicial monitoring. So can you explain that one as well again, that is, that he has to come back and see me? That is the earliest. Hopefully nothing before then.
158 MR PORCEDDU: Yes.
159 HER HONOUR: But if there is, well, yes, he has to come back.
160 MR PORCEDDU: Yes.
161 HER HONOUR: And you can assume then 12 months thereafter, but that will set each date after that.
162 MR PORCEDDU: Yes. While that is being done by being signed, Your Honour, there was just one query I was going to raise. I have not had any experience where a person is subject to parole who hasn't been assessed - or has been assessed and hasn't been given parole and then a CCO is imposed. It's a bit unusual to me. Does the court have to do - - -
163 HER HONOUR: Nothing. As far as you know - as far as I'm aware, because as I said, I think I said I'm on the Parole Board, and I'll have nothing to do with this case, I might add, absolutely.
164 MR PORCEDDU: No.
165 HER HONOUR: I don't deal with anything that I have been involved in.
166 MR PORCEDDU: No, that's understood. It's just procedurally what - - -
167 HER HONOUR: I don't know what you do.
168 MR PORCEDDU: I have no idea.
169 HER HONOUR: I think you will have to just notify the - - -
170 MR PORCEDDU: The Parole Board.
171 HER HONOUR: - - - Parole Board and ask them, I think would be the safest course, rather than me giving any indication of that.
172 MR PORCEDDU: The next question that I had, Your Honour, is having your sentencing remarks made available so that it can form whatever application that is to the Parole Board.
173 HER HONOUR: Look, my turnaround, after it has been revised, I try to revise it within 48 hours, assuming I am not in court doing something else. So, look, you know, I guess they will be revised in the next - look, can I say by the end of - what's today, Wednesday - early next week?
174 MR PORCEDDU: I'm not putting any pressure on you, Your Honour.
175 HER HONOUR: That's when it will be.
176 MR PORCEDDU: What we'll do is, I think, my instructors will probably make contact with the Parole Board today and just notify them what's happened and that we will notify them that Your Honour's sentencing remarks will be - - -
177 HER HONOUR: Available within a few days.
178 MR PORCEDDU: Yes, Your Honour.
179 HER HONOUR: All right?
180 MR PORCEDDU: Thank you, Your Honour.
181 HER HONOUR: All right. Anything else?
182 MR HOARE: No, Your Honour.
183 HER HONOUR: No, all right. No other matters. All right, thanks. Yes, remove Mr Smith. Thank you very much.
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