Director of Public Prosecutions v Suarez (a pseudonym)

[2019] VCC 27

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 18-01272

DIRECTOR OF PUBLIC PROSECUTIONS

v

KADEN SUAREZ (A PSEUDONYM)

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JUDGE:	HER HONOUR JUDGE LAWSON
WHERE HELD:	Melbourne
DATES OF HEARING:	15 October 2018, 23 January 2019
DATE OF SENTENCE:	23 January 2019
CASE MAY BE CITED AS:	DPP v Suarez (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2019] VCC 27

REASONS FOR SENTENCE
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Catchwords:             Criminal law – sentencing – aggravated burglary – theft, attempted home invasion, assault emergency worker, criminal damage, tresspass

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms S. Loche	Office of Public Prosecutions
For the Accused	Ms S. Poulter	Victorian Aboriginal Legal Service

HER HONOUR: 

1Kaden Suarez[1], you have pleaded guilty before me to two charges of aggravated burglary, five charges of theft (including four charges of theft of a motor vehicle), one charge of attempted home invasion, one charge of assault emergency worker and one criminal damage charge. In addition, summary Charge 9 was transferred pursuant to s.145 of the Criminal Procedure Act 2009, and you pleaded guilty to one charge of trespass.

[1] ‘Kaden Suarez’ is a pseudonym.

2The offending is serious and that is reflected in the maximum penalties prescribed by law and they are as follows:  aggravated burglary - 25 years' imprisonment; theft - ten years' imprisonment; attempted home invasion - 20 years' imprisonment; assault emergency worker - five years' imprisonment; criminal damage - ten years' imprisonment; trespass - 25 penalty units or six months' imprisonment. 

3Charges 2, 3, 7 and 8 relate to thefts of motor vehicles. Pursuant to s.98(4) of the Crimes Act 1958, the court is required to suspend or cancel any licence that you may hold upon conviction for any of those charges.

4Applications were made on behalf of the Crown for a disposal order and a forfeiture order, together with a forensic sample order pursuant to s.464ZF of the Crimes Act and those orders are not opposed. 

5I will now sentence you on the basis of the summary prosecution opening that was read at the plea hearing and is exhibited. 

6There are numerous victims of your offending, none of whom were known to you. 

7You committed a number of the offences in company with co-accused, Codie Travis[2], Alec Drew[3] and Julius Trevino[4].  Codie Travis and Alec Drew were both children at the time and have been dealt with in the Children's Court in respect to these matters.

[2] ‘Codie Travis’ is a pseudonym.

[3] ‘Alec Drew’ is a pseudonym.

[4] ‘Julius Trevino’ is a pseudonym.

8You were 18 at the time of the offending and turned 20 on 4 January 2019.  At law, you are considered to be a young offender.  At the time of offending, Codie Travis was aged 17, Alec Drew was aged 16 and Julius Trevino was aged 18. 

9The context to the offending was that you had met the co-accused whilst in detention in a Youth Justice facility and that you had all been together over a series of days using the drug, methylamphetamine and committing offending. 

10I will turn briefly to the circumstances of each of the offences.

11Charges 1 and 2 - aggravated burglary and theft of a motor vehicle.  Sometime between 21 October 2017 and 22 October 2017, you were with Alec Drew and Codie Travis and entered a residence in Montrose at which time you stole some keys to a white Holden wagon registered and belonging to Shane McMullen.  Those keys were then used to steal the vehicle from the driveway at the home and thereafter the vehicle was used at various locations.

12Charges 3 to 7 and related summary Charge 9.  On 8 November 2017 at 4.15 pm, Codie Travis was driving a stolen BMW station wagon in Glenburnie Road, Mitcham and you and two others, Alec Drew and Julius Trevino, were passengers in the vehicle.  At the time, the vehicle had been stolen and you were charged with theft of a vehicle on the basis that you knew that it was stolen and you were travelling as a passenger.  There was a collision involving a motorcyclist who later died.

13Following the collision, the BMW was abandoned in the emergency lane on the southbound side of Eastlink in the vicinity of the George Street overpass and the occupants of the car were noted to be seen running from the vehicle and up an embankment on the eastern side of the freeway. 

14You were one of those males and after you reached the rear of 7 Haideh Place, Wantirna South, you and three others jumped over the rear fence.  The occupant saw you and banged on the window and told you to go away (summary Charge 9 – trespass). 

15You then all jumped over the fence to 8 Haideh Place and attempted to force your way into those premises by kicking at the front door.  The occupant, Sujatha John, ran to the door and held it and yelled and after less than a minute, you all ran away. You then ran east along Haideh Place into the driveway of Number 22 and jumped over the fence to Number 23. 

16Kerryn and John Forster are the occupants of that home. They were at home working in their backyard and their daughter was inside in her bedroom.  You gained access to their premises and removed some car keys as well as other items including a wallet and a Nokia phone.  You then left in company with the three co-offenders in a Toyota Camry belonging to John Forster valued at $5000.  The Camry was later recovered in the early hours of the following morning after being abandoned, set alight and destroyed by fire.

17Sometime after 8.15 am on 9 November 2017, a home in Doncaster East was burgled and following that burglary, numerous items were stolen including keys to a Volkswagen Golf and that vehicle was stolen from where it was parked on the street in front of the house. 

18On 9 November 2017, Victoria Police surveillance operatives saw that Volkswagen Golf being driven by Codie Travis.  He dropped you off at your sister's home where you were then living in Seaford.  They then took steps and you were arrested at 9.55 pm that night and taken into custody at the Dandenong police station. 

19You were charged with theft of that vehicle on the basis that you were a passenger of the vehicle knowing it had been stolen. 

20You were left to rest overnight and a record of interview was conducted.  That was then suspended so you could make contact with your sister and/or a lawyer. 

21When the record of interview recommenced, it was noted that the word "Kaden" had been graffitied onto the two walls of the interview room and that constitutes Charge 10 - criminal damage.

22At the end of the record of interview, the informant asked another police officer, Sergeant White, whether he recalled "Kaden" graffitied onto the interview room walls prior to 10 November 2017.  When Sergeant White entered the interview room, you swung your right fist and punched him in his left cheek and he wrestled you to the ground.  That constitutes Charge 9 - assault emergency worker. 

23You made no comment to most of the allegations that were put during the record of interview and denied writing your name on the interview room walls. 

24Mr Suarez, your offending is serious and your conduct in company with the other co-accused is appalling, in particular, the fact that you intruded upon private homes and stole keys that facilitated the theft of the various vehicles that I have - the circumstances that I have described, was particularly brazen. 

25You were a party to the use of the stolen BMW on 8 November 2017. I note that you are in no way responsible for the tragic death of the motorcyclist.  Nonetheless, your behaviour following that incident was disgraceful.  However, I accept that you were in shock and panicked. Whilst explaining your conduct and your continuing criminal spree, it in no way excuses it. 

26After leaving the scene in a stolen car, you continued to offend in the manner that I have described. 

27In sentencing you, there is a need for the court to condemn your actions and both general and specific deterrence and denunciation place a significant role.  You are, however, a young offender and your rehabilitation is a significant feature of this sentence. 

28A number of victims were affected by your offending. The offending has had great consequences. I have had regard to the contents of those statements. 

29Shane McMullen has spelt out in detail the necessity of having to install security cameras and security lights at his home so that he could regain his sense of safety.  His sense of equilibrium has been disrupted and he no longer enjoys the peace and quiet of his neighbourhood.  He was severely inconvenienced as a consequence of the damage done to his car and the necessity for repairs.  He wanted you to know that you have affected his life and that of others and he hopes that one day you can learn from your actions. 

30Leisa Dabrowiecki states that she was upset by somebody coming into her home in the cover of night and stealing both her car and her car keys.  She now fears for her safety within her home and is very anxious and she too has installed expensive security measures.  She urges you to use your time to reflect on the hurt that you have a caused her and many other families. 

31Keeley Tamoney says that for a couple of weeks following the home invasion he was stripped of his sense of security, not knowing whether the perpetrators were going to come back into his home and he was angry about the audacity of your actions and he feels very vulnerable. 

32Sujatha John feels very insecure. She suffered nightmares and has had to have treatment from her general practitioner for anxiety and problems with sleeping. She suffered a large bruise on her right hand as well as some smaller ones.  She has replaced her door and its frame and has installed a security door at great personal expense.

33Keeryn Forster suffers from extreme stress anxiety and insecurity.  Your offending impacted upon her greatly as well as upon her husband and daughter who were present when the offending occurred.  And the fact that you destroyed the family car made both she and her family feel very sad and angry.  She is nervous and anxious and has problems sleeping. Her anxiety exacerbated an underlying illness.  She has had to have counselling.

34Michael de Gama described how his family has been impacted. His family no longer feels secure and he has had to significantly increase the security around the home in order to replace that loss of sense of security and the financial consequence of that for him has been great. 

35You have admitted your prior criminal history.  There are some seven court appearances and there have been findings of guilt made against you in the Children's Court spanning the period from 12 May 2011 to 10 March 2017.  At the young age of 12, you first appeared in the Children's Court.  You have been given many opportunities for reformation including probation and ultimately, you have been the subject of periods of detention since March 2017 in Youth Justice centres. 

36There are numerous findings of guilt in respect to serious offending including dishonesty-related offences, drug-related offences as well as other charges involving some firearms offences and armed robbery.  And this offending - an aggravating feature of it is that you committed this offending whilst you were released on youth parole.

37Following your arrest for the offending, you were remanded in custody on 9 November 2017.  You were immediately transferred to Youth Justice to complete the balance of your youth parole order. You were transferred to the adult prison system on 16 April 2018, having served a period of five months and six days' of reclaimed youth parole and pre-sentence detention for these matters commenced accruing on 16 October 2018.  This is your first time in the adult prison system.  Up to and not including today's date, there are some 282 days' pre-sentence detention to be declared. 

38Codie Travis, Alec Drew and Julius Trevino have been previously dealt with in respect to this offending in various courts.  Codie Travis was dealt with at Melbourne Children's Court on 2 August 2018 in respect to two charges of aggravated burglary, four charges of burglary, 16 charges of theft, one charge of dealing with property suspected of being the proceeds of crime. He was convicted and ordered to be detained in a Youth Justice Centre for a period of 18 months.  That was an aggregate sentence and time held in custody of 266 days was declared.

39Alec Drew was dealt with at Melbourne Children's Court on 24 August 2018 for one charge of aggravated burglary, two charges of burglary, nine charges of theft, one charge of trespass, one charge of attempted home invasion, one charge of home invasion, one charge of drive whilst authorisation suspended and one charge of reckless conduct endangering serious injury for which he was convicted and ordered to be detained in a Youth Justice Centre for a period of 12 months.  That was an aggregate sentence and he had 286 days declared.

40Julius Trevino was dealt with at Melbourne Magistrates' Court on 8 October 2018 in respect to aggravated burglary - one charge, theft - four charges, trespass - one charge, drive whilst disqualified - two charges for which he was convicted and sentenced to four months' imprisonment and two days' pre-sentence detention was declared.

41Despite being remanded in custody in relation to these matters on 11 November 2017, Julius Trevino only accrued two days' pre-sentence detention because he too had been released on youth parole at the time of this offending and so he had to serve out some reclaimed youth parole which totalled some 329 days.

42Each of your co-offenders have relevant prior criminal histories with a similar number of court appearances and not dissimilar prior criminal history to yours and that is reflected in the criminal records that are exhibited in this matter.  I do not propose to go chapter and verse through those but I have had regard to their offending and also their prior criminal histories because it is relevant to the matter of parity and I will refer to that shortly.

43I turn to your personal history and circumstances.  I note that you have had an extremely difficult upbringing.  There has been Department of Health and Human Services involvement with your family from an early age. You were removed from your mother's care when you were aged only nine.  You have lived in very many different placements including foster placements, residential care and home-based care over the years. 

44You have a significant history of drug abuse commencing from around age 14 including chroming, cannabis and also from about age 15 a methamphetamine addiction.

45You were tragically, sexually abused by one of your foster carers, when you were only 12. Subsequently she was dealt with by way of charges and a sentence. 

46You have had a history recorded of significant behavioural problems that is fully articulated in all the reports. 

47You grew up in the Mornington Peninsula, attended Hastings Primary School and Toogoolah Primary School but had very difficult issues identified and ultimately, you were put into education programs run by Berry Street Services but only lasted six months because of behavioural difficulties.

48You undertook Year 10 VCAL subjects whilst at Malmsbury Youth Justice Centre.  You have never participated in paid work but during the course of your current detention you have worked in the laundry in the prison and enjoyed that work.  It gave you a sense of purpose and has been helpful in building up your confidence. 

49You are reported as being drug-free whilst you have been in prison.  You have been prescribed Avanza, an anti-anxiety medication, that has helped you to settle. 

50You are a person who identifies as aboriginal.  Your father with whom you have never had any relationship is aboriginal.  Your mother is of Maori background.  You have two older sisters as well as three younger half-sisters.  You have never met your father who remains in prison undergoing a sentence for murder.  Your mother repartnered and formed a relationship with your late stepfather with whom you enjoyed a good relationship notwithstanding allegations that he was a violent man.  Sadly, he passed two years ago.

51You had a history of transience from an early age and you have not had a particular place of stable accommodation for years.  However, you were living with your sister for about three months in Seaford prior to your arrest.

52You have not had significant relationships because of trust issues with women attributable to the past history of abuse. You are very fond your sisters and have maintained regular contact with them.  You have also maintained relationship with your mother with whom you will live with once you are released. 

53I have had regard to the reports that have been provided to the court from Mr Martin Jackson, clinical neuropsychologist and as well as the earlier reports and I have had regard to their contents.  

54There is no evidence of an acquired brain injury due to drug use and you do not satisfy the requirements of diagnosis of intellectual disability. There is no evidence that you have a mental illness nor is there any evidence of significant mood disorder or significant hard psychiatric signs. 

55An up-to-date assessment was obtained from Dr Bonnie Albrecht, forensic psychiatrist, who examined you at the request of the court and her findings are consistent with those of Mr Jackson.

56She said that prior neuropsychological assessments bear some evidence of mental disorder, namely cognitive and impulse control deficits, however, there is no evidence of major mental illness such as mood or psychotic disorder.  She said that you presented with a number of interpersonal and intrapersonal characteristics which provide partial evidence of personality disorder but she was not prepared to make a diagnosis of personality disorder at this time given your youthful age, your continuing process of personality formation and lack of collateral information.

57In her report, she confirms that your offending involved a number of factors including boredom, lack of meaningful engagement in the community and negative peer group, and that you present as someone who is somewhat vulnerable to peer pressure. 

58She recommended that you be supported in the community and suggests that there be community linkages and engagement developed.  She recommends referral to the problem behaviour program and also a drug assessment program as well as support for you to be supported with your culture. She recommends a holistic program such as Wulgunggo Ngalu that would target your cultural social connection and substance use needs at the same time and she also recommends community supervision. 

59Those recommendations are endorsed in the assessment obtained from the Community Corrections Service who provided an extended pre-sentence assessment to the court.  They too endorse the possibility of you attending Wulgunggo Ngalu Learning Place, a culturally safe space where there is a common goal to be achieved with strict supervision.  It is anticipated that with engagement in the program and successful completion, the development of cultural ties and deeper understanding of your aboriginality, that that may become a protective factor for you.  And so it will be the case that a recommendation will be made that steps be undertaken to facilitate that referral by Community Corrections.

60It is evident from your past history that you have struggled to form meaningful positive and safe relationships in your life. It is important that you be supported in a culturally safe manner in order to make sure that you develop positive relationships in the future. 

61You have in part taken steps to make connections with your aboriginal family through the Link-Up program, run by Victorian Aboriginal Child Care Agency, since you have been in gaol. It has been fortunate that you have now had confirmation about your aboriginal family including seeing a photograph of your paternal grandmother, for the first time.  You are becoming aware of your broader family history and you are keen to work with Link-Up to explore that further.

62At this stage, I want to emphasise your role and participation in the Koori Court process.  An important aspect of your case was that you did consent to the matter being dealt with in the Koori Court division.  In doing so, you agreed to participate in the sentencing conversation and that involved you discussing the offending, the reasons for offending and your future goals with two elders and respected persons, namely Auntie Jackie Stewart and Uncle Rod Jackson. 

63You were very respectful to them.  You genuinely participated in the conversation and when they challenged you concerning your behaviour, you appropriately responded. 

64Your genuine participation in this process is a factor that mitigates punishment and that has been recognised by the Court of Appeal in Victoria[5].

[5] See The Queen v Steelie Morgan [2010] VSCA 14 at [11].

65You have demonstrated a shift in your thinking towards wanting to lead a more settled and law-abiding life.  You are keen to learn more about aboriginal culture and connections and you understand the link between drug-taking and offending.  You are now healthy and motivated to change and you have expressed a willingness to deal with your underlying drug problem with treatment services such as a culturally safe course at Bunjilwarra and you have also expressed a keen interest in attending Wulgunggo Ngalu.  There is also a prospect of employment with one of your brothers-in-law, assisting him with scaffolding, so that you have started thinking in more positive terms.

66In gaol, you have participated in many programs and, in particular, painting has been a feature. One of your paintings has been selected and may be used in The Torch program “Confined” exhibition which is to take place in a few weeks. 

67You are now accepting that as you get older you need to start thinking better and make better choices.  You openly acknowledged your role in the offending and accept that it was wrong. 

68In formulating the appropriate sentence, I have had regard to all the matters put in mitigation including your role in the sentencing conversation.  You entered a plea of guilty at an early opportunity.  The intention to plead was entered after a submissions-only committal when a more serious charge was withdrawn.  It was at an early opportunity and therefore your plea has significant utility.  Through your plea, you spared the State the time and expense and inconvenience of a trial.  You have facilitated justice and your sentence will be discounted accordingly.

69I accept that you are genuine and that the plea is indicative of remorse.  You are still a young offender and your rehabilitation plays a significant role in this exercise.  By reason of your considerable exposure to abuse as a child, you have suffered significant deprivation and you have limited formal education.  You continue to have borderline deficits in verbal abilities and that is consistent with longstanding verbal language disability by reason of your past.  It is accepted that the effects of your background of disadvantage are significant and impact upon your offending behaviour.  And that has been given full weight by me in formulating the appropriate sentence[6]. 

[6] Bugmy v R (2013) 249 CLR 571 at [42] – [43].

70I have also had regard to the principle of parity.  It is somewhat difficult in this case given that two of your co-accused, Alec Drew and Codie Travis, were sentenced in the Children's Court and different principles apply as set out in the Children, Youth and Families Act. Both you and Julius Trevino fall to be sentenced in respect of the sentencing principles set out in the Sentencing Act. 

71In terms of the role, you were all equal participants. 

72I have had regard to the sentence imposed by the Magistrates' Court with respect to Julius Trevino and it has been a significant influence on my sentencing exercise.

73I have had regard in a general sense to sentences imposed upon both Codie Travis and Alec Drew.

74I have also had regard to the principle of totality. I have had regard to the time you have spent in custody either in youth detention and adult custody since your apprehension.  You have found your experience in gaol in an adult custodial facility difficult and I have taken that into account. 

75I have taken into account all the programs and certificates that you have undertaken in gaol and I consider that you have been productively engaged.  You have been regularly seeing the Koori worker at Port Phillip Prison.  You have had good relationships established with those responsible for the conduct of The Torch program.

76You remain drug-free in gaol and that is a significant feature in your favour.  Overall, I am optimistically guarded in relation to your rehabilitation prospects.  They are very much dependent on you engaging with Bunjilwarra and Wulgunggo Ngalu and Community Corrections and following through your expressed desire to pursue a life without crime and drugs. 

77On your behalf, Ms Poulter accepted that your offending was serious.  She highlighted the productive nature of the time you have spent in custody and the very real progress that you have made whilst on remand.  She submitted that time served is sufficient and the court ought give consideration to your release on a Community Correction Order with appropriate supports so that you can attend programs such as that conducted at Wulgunggo Ngalu that would enhance your rehabilitation prospects and provide the best protection for the community in the future.

78Ms Loche, on behalf of the prosecution, acknowledged that the principles of parity and totality applied.  She accepted in all the circumstances, having regard to the respective outcomes for the other offenders, that a disposition which combines a term of imprisonment to be followed by a Community Correction Order with appropriate support structures was appropriate. 

79As was made clear in the guideline judgment of Boulton[7], in an appropriate case, a Community Correction Order does provide a flexible sentencing option, enabling both punishment and rehabilitation purposes to be served together and a Community Correction Order can be fashioned to address your particular circumstances, the causes of offending and minimise the risk of reoffending by promoting your rehabilitation.  And although as the order of seriousness of offending conduct increases, the likelihood that such a disposition will be appropriate diminishes, the Court of Appeal has said a Community Correction Order may remain open even in cases of very serious offending[8]. 

[7]Boulton v The Queen (2014) 46 VR 308

[8] Ibid, 338 [131].

80I have had regard to the principles that apply to the sentencing of youthful offenders and ultimately, I conclude that all the relevant objective such as general and specific deterrence, denunciation, just punishment, protection of the community and your rehabilitation can be best served by the imposition of a gaol term equivalent to the time you have already served, to be followed by a Community Correction Order.

81Apart from the core conditions, your order will contain conditions of supervision and treatment and rehabilitation for drug, mental health issues and also offender behaviour programs inclusive of attendance at Wulgunggo Ngalu should the referral be accepted.  I note that judicial monitoring will take place as well, the first date being 1 July 2019 at 10 am at the County Court. 

82I make the forfeiture orders sought and also the order for the forensic sample pursuant to s.464ZF.

83I will just announce the formal court orders in respect to Charges 1 to 10 on the indictment and summary Charge 9 as follows.

84In respect to indictment Charge 9 - the assault emergency worker, convicted and sentenced to one month's imprisonment.

85With respect to indictment Charge 10 - criminal damage, convicted and discharged.

86In relation to indictment Charges 1 to 8 and summary Charge 9, you will be convicted and ordered to serve 282 days to follow a two-year Community Correction Order with the terms that I have described, that is supervision, treatment and rehabilitation including testing for drug abuse or dependency, mental health and/or offending behaviour programs with the judicial monitoring noted. 

87Upon your conviction, in respect to Charges 2, 4, 7 and 8, any licences that you hold will be cancelled and you are disqualified from obtaining such a licence for a period of two years effective from 15 October 2018. 

88I make the following s.6AAA declaration. But for your plea of guilty, I would have imposed a term of imprisonment, three years to serve two years. 

89Now, Mr Suarez, one last thing.  I have made an order for the taking of a sample, what is called a forensic sample.  What that means is you will get a little cotton bud given to you and you have to put it in your mouth and apply it to the side of your mouth and then you give it back to the police.  And provided you do that, you comply with the order.  But I do have to tell you that if you do not comply with that order, then police can use reasonable force to enable that forensic procedure to be conducted by way of a blood sample.  But hopefully that will not be required.

90OFFENDER:  Yes, ma'am.

91HER HONOUR:  And the order will tell you the name of the police station that you have to attend. 

92I have signed that order and I have also signed the Community Correction Order which requires you to attend Frankston Community Correctional Services within two clear working days of your release. 

93I will ask your counsel to get you to sign that. I have told you about what that involves and I have told you about what contravention means in terms of exposing you to the risk of further penalty and also the possibility of you being re-sentenced.  And you have acknowledged to me that you consent to that order.  I just ask that you sign that order now.

94MS POULTER:  Your Honour, if I could just raise one thing in terms of the Forensicare report, whether Your Honour would give permission for that to be provided to Corrections Victoria?  It may be of assistance.

95HER HONOUR:  Yes.  Yes, I am happy to do that.  I can make a notation on the orders that the report will be provided.

96MS POULTER:  Thank you, Your Honour. 

97HER HONOUR:  All right.  They are pretty much aware of the information.  Did we provide anything at the time of the assessment?  I think we may have provided some of the material that was given at the plea hearing as I recall.  All right.  Subject to the orders being formalised and entered into the system, Mr Suarez, you will have to remain in custody just for the time being.  They will take you downstairs.  You can have your lunch and hopefully things will be sorted out for you this afternoon.  Yes.

98MS LOCHE::  As Your Honour pleases.

99HER HONOUR:  All right.  And I will follow through with that request to provide the information to Corrections.

100COUNSEL:  As Your Honour pleases.

101HER HONOUR:  It is really up to you now, Mr Suarez. 

102OFFENDER:  Yes.  Thank you very much.

103HER HONOUR:  And just remember, in terms of the Community Correction Order, it is not about just letting yourself down if you do breach the order, and it is not about just letting me down - and I would be very disappointed if you do breach the order, but importantly, think of Auntie Jackie and Uncle Rod.  Because they give a lot of their time on behalf of the community to help people like you and I know from my discussions with them, they get terribly upset when they hear about young people like you who seemed to have turned the corner who then go out and do not comply with the orders.  So just think about them.

104OFFENDER:  Yes, Your Honour.

105HER HONOUR:  It is a good thing to realise that there is a broader community out there that is really wanting you to change.  Yes.  All right? 

106OFFENDER:  Thank you.

107HER HONOUR:  All right.  Thank you.  We can adjourn.  And thank you both very much.

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