Director of Public Prosecutions v Summerville (a pseudonym)

[2021] VCC 1706

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

DIRECTOR OF PUBLIC PROSECUTIONS

v

ROMAN SUMMERVILLE (A PSEUDONYM)

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JUDGE:	HER HONOUR JUDGE GAYNOR
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	29 October 2021
CASE MAY BE CITED AS:	DPP v Summerville (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2021] VCC 1706

REASONS FOR SENTENCE

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Subject:

Catchwords:

Legislation Cited:

Cases Cited:

Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms A.M. Stephanides
For the Accused	Ms J. Clark

HER HONOUR:

1Roman Summerville[1], you have pleaded guilty before me to one charge of arson and one charge of discharging a firearm at a premises.  The facts underlying your offending are as follows.

[1]A pseudonym.

2At the time of the offending, you were in a relationship with your then 18-year-old girlfriend, Amy Gibson[2].  You had begun a relationship after meeting at a party in January 2021.  Ms Gibson lived with her parents in Sunshine[3].

[2]A pseudonym.

[3]Location de-identified.

3Between January and March 2021, it appears that you became far more involved in the relationship than Ms Gibson.  You repeatedly told her you loved her and in her view you came on “too strong”.  She tried to end the relationship in February 2021 but was not able to because you were so upset but in early March, she did end the relationship and said she did not want to see you anymore.  She asked you to return her belongings which were largely clothing that had been left at your home, but these were not returned.

4On 30 March, Ms Gibson asked again via text message that you send back her clothing and you sent her increasingly angry messages about she apparently telling others that you had purchased your car through drug dealing and other matters that you felt were untrue.  You sent text messages calling her the 'deadest piece of shit on the ground' and a 'dead-set slut'.  Apparently Ms Gibson also replied with profanities.  She eventually stopped responding to you and at 11.43 pm put her mobile phone on night mode before going to sleep.

5Between 11.43 pm on 30 March and 1 am on 31 March, you sent Ms Gibson 14 videos on Snapchat showing you burning her clothes in a firepit saying things like, 'These are the shorts you love, you'll never see them again', and calling her a 'fucking dumb redheaded slut'.  These actions underlie Charge 1 on the indictment, arson.

6At about 1.30 am, Ms Gibson’s mother, Michaela Gibson[4], woke to the sound of loud bangs and glass shattering coming from the loungeroom.  She went into that room and saw glass throughout the living room area and at the time believed a rock or a brick must have been thrown at the window.  Ms Gibson herself was woken by her mother soon after and she saw that the front windows of the house had been smashed, and, as her parents cleaned up the glass on the loungeroom floor checked her phone and saw the videos that you had sent her.

[4]A pseudonym.

7Whilst cleaning up the mess, Ms Gibson’s parents found what the thought to be casings or pellets from a firearm and splattered holes in the window.  Police were called and attended at about midday the next day, when Ms Gibson showed them the videos you had sent her of you burning her clothes and a video dated 11 March 2021 which you had previously sent her which showed you in a bathroom with a shotgun slung over your shoulder.

8The crime examination of the Gibson home confirmed that the lounge dining room windows had what appeared to be shotgun pellet damage and that a picture frame on an internal wall of the loungeroom had pellet damage to the glass.  The internal wall behind the picture frame was also damaged by pellets penetrating the picture frame.

9On 1 April 2021, members of the Special Operations Group attended your home in Hoppers Crossing, where you were arrested and taken to the Werribee police station.

10The search of your home located a blue-coloured bag containing a 12-gauge shotgun broken down into parts.  This was located under the kitchen sink.  Police also found your Apple phone.

11Your actions in discharging the firearm at the Gibson premises underlie Charge 2 on the indictment; your possession of the firearm underlies Summary Charge 3 to which you also pleaded guilty, that being a non-prohibited person in possession of a firearm.

12Police also searched premises at Altona Meadows, where your mother and stepfather lived and where you also occasionally resided.  They there found a safe and a .308 shell casing in your bedroom.  Further investigations revealed that the shotgun found at your house was stolen in a burglary on 21 February 2021.

13You were placed in the cells at the Werribee police station on 1 April after an initial interview and a covert operative was also placed there.  You made the following admissions to that covert operative.  You said that you had been arrested by police and that two nights earlier, you had let off two shotgun pellets into a girl's house.  You said it was a 12-gauge shotgun, that you should not have done the shooting but that you were drunk when you had fired the weapon, that the girl was your ex-girlfriend but she had ended it and you said that you had fallen in love quickly but she did not feel the same way.  You told the covert operative you did not intend to physically hurt your ex-girlfriend, that you did not want to hurt anyone, you knew that she was asleep and that doing what you did would have scared her, that the shotgun belonged to you, that you regretted the shooting but you laid blamed for it at that stage on Ms Gibson for what you thought was her spreading rumours about you, that your brother had tried to talk you out of it and you should have listened to him.

14The interview with police was begun on late afternoon of 1 April but suspended twice while search warrants were executed.  Eventually, in the record of interview with police, you told them that about a week before, you had been driving with your brother in the Altona area where you saw a new looking blue Adidas bag on the side of the road, you picked it up, it was heavy and you found the firearm in it and took it home.  That firearm was disassembled into three pieces but you managed to put it back together.  It also contained two shells.

15You said you had been seeing Amy Gibson for a couple of months, but she had ended the relationship.  You said that you told her to stop talking to you, but she just kept messaging and that she wanted her clothes back.  You believed she was telling people that you had sold drugs to get your car which you had worked for and that was why you got so angry.

16You said as a result you burned her clothes in a spit roaster at the Hoppers Crossing address and that you had lit the clothes with firelighters.  You said that after you had burned the clothing, you went to a friend's house and drank over half a bottle of vodka.

17You initially denied having any knowledge of the shooting but then when asked later about what you had to say about it, said it was obvious that you had done it.  You said you were very drunk, were not thinking straight, and that you just remembered running up and shooting at the house.  You did not think it would actually go in the house because you shot from the road. You said, 'I obviously regretted it when I woke up the next morning'.

18You denied letting off the weapon in order to intentionally hurt anyone.  You said you had stayed at the Gibson home a few times and knew that no one was ever up at the time you went to the house and let off the firearm.  You said, 'I wasn't intending to hurt anyone, I was obviously just drunk and being an idiot at the time'.  You admitted to hiding the firearm away under the sink once you got home.

19An intervention order was taken out against you on 2 April.  You consented to that intervention order without making any admissions.

20The matter settled to a plea at a very early stage.

21The maximum penalty for arson is 10 years' imprisonment. The maximum penalty for discharging a firearm at premises is 15 years' imprisonment and the maximum penalty for the summary charge of being a non-prohibited person in possession of a firearm is 120 penalty units or two years' imprisonment.

22I now turn to your personal circumstances.  You are 20 years of age.  You have been in custody since being arrested on 1 April.  You were 19 at the time of the offending.  You are the youngest of three children born to your parents.  You have an older brother who is 26 whom you have no contact with and who is a heavy drug user, and a second brother who is 22 years of age you are close to.  Indeed, you were sharing the house with him at the time of this offending.

23You were born in New South Wales and lived at Shoalhaven Heads until your parents were separated when you were seven and came to Melbourne with your mother.  You maintained regular but not frequent contact with your father who continues to live in Shoalhaven Heads where he works for the local council and cares for his own mother.

24When you were about 12 or 13, you, your mother and brother were evicted from your rental premises because your older brother had stolen the rental property.  Your mother moved in with her own parents, but you and your brother were not welcome because, according to what you told psychologist Pamela Matthews, whose report dated 20 October 2021 was tendered on the plea, they did not approve of cannabis use and you and your brother by then were regular users.

25You both ended up couch surfing.  You dropped out of school in Year 8 and the two of you made money by cleaning houses.  You kept close contact with your mother who supported you as best she could, she at the time working in a milk bar.

26Since leaving school at about 13 or 14 years of age, you have had unskilled labouring jobs being paid cash in hand.  You have also worked in a fruit shop, at a wreckers and at the time of the offending, you were working with your mother's partner who is an arborist.  By that stage, your mother and her partner had moved into their own home and you lived between their house and the house that you shared with your brother.

27Unfortunately, since this offending, your stepfather has refused to have any contact with you.  You have continued to be supported by your mother and your brother who now resides with your mother and stepfather.

28You have a concerning drug and alcohol history.  You started smoking cannabis when you were 10 which you used regularly until early this year when you ceased use because it caused you to experience auditory hallucinations.  You have experienced a drug-induced psychosis which saw you placed on a Community Treatment Order after being admitted to a psychiatric ward at Werribee Hospital, where you remained for about three months from November 2019.

29You have been drinking alcohol on a regular basis from a young age and from the age of 14, you have regularly used other drugs including MDMA, cocaine, ice and GHB.

30In the report from Ms Matthews, she noted that you started taking MDMA, cocaine and LSD from about the age of 14.  You used LSD on occasion until you were 17 when you stopped after a bad experience.  You used cocaine on and off although it was a drug you did not seek out and generally used it after friends gave it to you.

31Most concerningly, you started taking ice at the age of 15 to 16 years.  You used it on seven or eight occasions but denied ongoing or regular methamphetamine use and denied ever feeling addicted to it having been put off by your eldest brothers experience of it.

32However, you also started using GHB and that use increased when you were going out.  You have also tried ketamine, oxycodone and prescription medication.  You told Ms Matthews that you used drugs as a coping mechanism.  You tried drug and alcohol counselling in 2019 but the main drug that seem to be a problem for you has been cannabis which eventually led to you experiencing psychotic symptoms and you being admitted to the psychiatric ward in November 2019.

33It would seem that at the time of the relationship with Ms Gibson, particularly when it became evident that you were far more involved and committed to that relationship and felt more strongly about it than she did, you turned again to alcohol and drugs and I accept at the time of this offending, you were drunk and had taken drugs on that night.  This does not excuse your offending behaviour, but it does give some context to it.

34You have had a difficult upbringing and, in your adolescence, in my view have simply through circumstances not been as supported as you may have been.  At one stage, you and your brother were offered accommodation back in Shoalhaven Heads with your father and grandmother but did not go there because you felt it would be too much for your paternal grandmother.

35So over a number of years from your early to late adolescence, you and your brother were essentially on your own.  I accept that your mother did the best that she could in the circumstances she was in, but it is not an ideal circumstance for a 13 or 14-year-old boy to be couch surfing.

36You left school at a very young age.  You had to earn your living cleaning houses and in those circumstances, I do find given, the experience of the courts of young men in the position that you were in, that in terms of criminal offending, you have done remarkably well.

37You have a prior criminal matter when you were dealt with on 4 June 2019 for shoplift and reckless conduct endangering injury and you were dealt with by the Werribee Children's Court by being placed on a non-conviction good behaviour bond which, it would seem, you successfully completed.

38You have been in custody at the Ravenhall Centre and I regard it as significant that you have spent much of that time in the First Offenders Unit.  The significance I place on that is that there are very strict rules around continuing at that unit and there is an absolute condition that there is no physical or verbal interactions between staff and other inmates.  You have been able to abide by the conditions at that unit.

39The plus for you, if I can put it that way, is that it is a very supported unit.  You have been able to undertake in the difficult COVID-19 conditions and restrictions that apply in gaol to undertake three courses, they being a Healthy Coping course, which relates to the impact of alcohol and drug use on your mental health and developing healthy strategies to maintain mental health without using drugs or alcohol; you have a certificate of achievement for completing the Alcohol and Me program and you have also undertaken a Check Your Thinking Program which is a program designed to assist in taking responsibility for your behaviour, ways to challenge your thinking and this is an important exploration for young people like yourself who have had some dysfunction in their upbringing and who have engaged in drugs and alcohol use and offending.

40As I have said, you continue to be supported by your mother and your brother (although not your stepfather) and by your father.  Obviously, due to COVID-19 you have not had visits, but you have had contact remotely and by telephone.

41What is of concern is that you have continued to experience some auditory hallucinations.  I note that at the time you were admitted to the Werribee psych ward, you were diagnosed as being schizophrenic and what that has meant is that that is a diagnosis that you receive if you have been experiencing auditory hallucinations for more than six months.  You have reported that since being in custody, your experience of auditory hallucinations has very much subsided obviously because you have not been engaging in drug use, but it is very important that you understand, Mr Summerville, that your drug use has led to some psychosis and that is only going to get worse if you resume using drugs on your release.

42I spoke to you during the plea about the fact that for some people, the use of particular drugs, particularly cannabis and amphetamine-based drugs, actually interferes with the physical functioning of your brain and it seems that you have done some damage.  The diagnosis of schizophrenia can be very terrifying but there are of course degrees of it which I am sure you have been told about.  You do not appear to have caused so much damage that schizophrenia has taken over your life and you cannot operate properly.

43You do, however, have early warning signs about what could happen to your mental health if you continue to use the drugs that you have.  Does that make sense to you, Mr Summerville?

44You simply cannot afford to use drugs.  You are going to do yourself dreadful harm if you do.  Some people can keep using those drugs for many years before these sorts of symptoms and signs evolve but you cannot.  Your particular brain structure is vulnerable to drug use and you just cannot afford to use drugs in the future.

45I also received a letter of apology that you wrote to the Gibsons and I need here to refer to the victim impact statement that was tendered by the prosecution and which was written by Ms Gibson.

46Understandably, the offending you undertook frightened her a great deal and she reported feelings of anxiety and sleeplessness.  She says that,

'What happened is never far from my mind.  Even though I wasn't responsible, I still blame myself.  I feel really bad for my family and what they've gone through.  It has changed each of them in losing faith and trust in people and of course the additional and stress and anxiety it has put on them.  I never expected anything like this would happen especially by someone I actually thought cared for me.'

47Now, I accept that what you did was done in the context of your own hurt feelings, of drug use, and in particular on this occasion of alcohol use.  It does not excuse it, Mr Summerville.  You can see that the maximum penalty for discharging a firearm at a premises is 15 years' imprisonment.  This is a very heavy maximum penalty, it is not that I am going to impose that on you, but it gives some indication of how seriously this offending is regarded.

48The capacity for you to have done really serious damage to someone was very high.  You may have thought that everyone was going to be asleep.  You may not have thought that the pellets were even going to penetrate the house.  It may simply have been you letting off hurt and anger.  Nevertheless, what you did, as I have said, was so dangerous.  If Mr or Mrs Gibson had been up during the night - and people often get up during the night for one reason or another - they could have been hit by the pellets.  You could have put out someone's eye.  You could have caused terrible long-term physical damage.  As it is, you have caused, I am satisfied, long-term emotional damage to the Gibson family who appear to have been open and welcoming to you and who brought you into their home.

49Ms Gibson is saying that the thoughts that she has of what occurred and blaming herself have been overwhelming.  She said, and this is worth hearing again,

'I no longer see the world as a safe and predictable place especially at my home where you're meant to feel the safest.  It was taken away from me and my family.'

50In what I regard as a very praiseworthy emotion by Ms Gibson, she stated,

'I even feel bad for what he has done to himself, being where he is right now.'

51I know that the Gibson family are listening to the sentencing remarks.  I make it very clear that the court takes particular note of the enormous trauma that they have experienced as a result of your offending and the court accepts it is ongoing and I thank Ms Gibson for her victim impact statement.

52Referring now to the letter of apology that you wrote to the Gibsons (and was read out during the plea so I will not repeat it), I do regard it as a genuine expression of remorse.

53All in all, I am satisfied that you are very remorseful for your actions, which you should be.  I am also satisfied that you are not a person who regularly engages in conduct of this kind and that this offending has brought to light a number of vulnerabilities in you, which, in my submission, need to be attended to.

54In particular, I am concerned about your psychiatric state, Mr Summerville.  In saying that, I am not trying to say that you are a person who is gravely mentally ill but, as I said to you earlier in these sentencing remarks, it appears that the drug use that you engaged in has caused physical damage to the operation of your brain if you like.  I am specifically referring to this because I think it is really important that you be under the care of psychiatrist.

55It is really important, Mr Summerville; you are a young man. I do not want you walking away feeling that you are a mad person but you do need to keep an eye on how your brain is functioning, if I can put it that way, and sometimes a person who suffers auditory hallucinations has difficulty appreciating that they need assistance. I think it is important that you have a mental health regime that includes a psychiatrist simply because of the fact that you may require some medication.  That is all it is.  All right?

56OFFENDER:  Yeah, no worries.

57HER HONOUR:  If you were a person who had an arm that kept breaking because the bone structure was particularly weak, you would need a doctor who would keep an eye on that and that is essentially what I am saying you need.  You have a vulnerability to hallucinations.  That can lead to behaviour which can be harmful to you quite apart from anybody else and I really think you need a doctor and that is what a psychiatrist is who can keep an eye on that.  Am I being clear without making you feel worse about yourself, Mr Summerville?

58OFFENDER:  Yeah, 100 per cent.  Yeah, I agree.  Thanks.

59HER HONOUR:  All right.  It is just one of those things you have to keep an eye.  I mean people have physical conditions that they have to keep an eye on.  You have a physical condition but it affects your brain and you do need to keep an eye on it and I know I am going on and on but it is so important that you do not use drugs.

60OFFENDER:  Yeah, 100 per cent.  Yeah, I'm not looking forward to doing them ever again.  I don't want to end back up here.

61HER HONOUR:  Yes, and particularly cannabis.  Cannabis is regarded as one of the least harmful drugs that you can use but for some people, it is extremely harmful because it can interfere with the function of your brain and it is quite clear that it is starting to interfere with yours and you cannot afford to use it.

62OFFENDER:  Yeah, 100 per cent.  I agree.

63HER HONOUR:  Yes.  Do not put it down there as, you know, 'It is only dope'.  It is not.

64OFFENDER:  Yeah.

65HER HONOUR:  For you, it is much more serious and can I absolutely stress that any amphetamine-based drug is very, very dangerous for you and that means ice and speed and anything that has got an amphetamine base.  You just cannot afford to go there and you absolutely cannot afford to go to LSD and GHB is a particularly dangerous drug mainly because you can overdose on it so easily.

66OFFENDER:  Yeah.

67HER HONOUR:  These are all drugs that are dangerous anyway but particularly dangerous for you.  You are a young man with your life ahead of you.  You have done well in the circumstances of your life.

68OFFENDER:  Yeah.

69HER HONOUR:  You know, and you are a young man who can go on to lead a productive and useful and happy life.  Drugs could completely wreck that for you.

70It was submitted to me that an appropriate way of dealing with you would be a term of imprisonment combined with a community corrections order and I agree that that is an appropriate disposition.

71My main concern in relation to you is that you do not have proper accommodation sorted out when you leave.

72OFFENDER:  Yeah.

73HER HONOUR:  I should also add that during the hearing, you were also supported by your friend and the fact that you have this sort of support I regard as important and a protective factor.

74You have been assessed as suitable for placement on a community corrections order.  The assessing officer regarded you as a person with considerable insight, you told him that people could have been hurt by your actions, you expressed remorse to him and you told the assessing officer that at the time of your offending, that your mental health had deteriorated and was exacerbated by your drug use.

75I also received a very helpful report from the Mental Health Community Corrections Screening Program which in particular was able to access the records surrounding your admission to the psychiatric ward in 2019 and 2020.  It was noted that you had a history of drug-induced psychosis, stimulant use disorder and sedative use disorder and indeed, Ms Matthews diagnosed you as suffering a substance abuse disorder at the time of this offending.

76In any event, you have now been in custody in supported conditions and in a situation where those conditions have satisfied me that you are able to abide by strict conditions of behaviour.  You have been working whist you have in the gaol, you have undertaken certain programs, you show insight into your offending, you are a young offender, you have a criminal history which is far more confined, as I have said, than I would have expected from a person of your age and difficult background.  I accept that you are remorseful for your offending, you pleaded guilty at an early stage and in all those circumstances, I am prepared to place you on a community corrections order combined with a term of imprisonment which you have largely already served.

77I therefore sentence you as follows and the sentence will be an aggregate sentence.  All the offending, in my view, arises from the same set of circumstances.

78In relation to Charges 1 and 2 and the summary charge, you are sentenced to 8.5 months' imprisonment.  You will then be released on a community corrections order for a period of 18 months.

79Now, I can only place you on a community corrections order with your consent, Mr Summerville.  So I have to outline to you the conditions that are attached to this order.

80They are that you must report to Corrections within two working days of the commencement of this order.  That is within two working days of having been released from custody, all right?

81OFFENDER:  Yeah, no worries.

82HER HONOUR:  Whilst on the order, you must not commit any offence punishable by imprisonment.  What that means is not that you commit an offence and get sent to gaol.  It means that if you commit an offence for which you could be sentenced to imprisonment, such as knocking off a box of matches from Woolworths.

83OFFENDER:  Yeah.

84HER HONOUR:  That would breach the order, you would be brought back in front of me and I would resentence you on this offending.

85Whilst on the order, you may not leave Victoria except with the permission of the Community Corrections Office.  So if you want to go and see your father, you can but you must get the permission of Community Corrections before you do that.

86OFFENDER:  Yeah.

87HER HONOUR:  You must report any change of address or employment within 48 hours of the making of that change.

88OFFENDER:  Yeah.

89HER HONOUR:  You must report to and receive visits from the Community Corrections Office.  You must obey all lawful directions of the Community Corrections Office.

90I am going to order that you undertake 100 hours of unpaid community work.  I am going to order that you undertake treatment for drug use and alcohol use and I am also going to order that you undertake treatment for mental health difficulties.

91I am going to ensure that my sentencing remarks and the reports are sent to Corrections.  In my view, you do not need just psychological help.  You need to be put into a psychiatrist ‑ ‑ ‑

92OFFENDER:  Yeah.

93HER HONOUR:  ‑ ‑ ‑ just to oversee your mental health to make sure your brain is working properly if I can put it that way, all right?

94OFFENDER:  Yeah.

95HER HONOUR:  And I think that was all the conditions that I - and I am going to order judicial monitoring.  What that means is that every so often, I will receive a report from Corrections and you and I will have a talk, Mr Summerville.  I am not trying to intrude on your life or stand over you but I find it useful where somebody's circumstances are a little bit not settled when they go on a community corrections order, I like to keep an eye on things just to make sure that you are travelling okay, that you are getting the appropriate programs, for example, that I am anxious to see that Corrections link you up with a psychiatrist.

96OFFENDER:  Yeah.

97HER HONOUR:  I want to make sure that they have done that for those reasons.  So every couple of months, you and I will have a chat, I will get a report on how you are going so I can keep an eye on things, all right?

98Are you prepared to enter this order?

99OFFENDER:  Yeah.  Yes, Your Honour.

100HER HONOUR:  Thank you very much.

101What is the PSD please, Madam Prosecutor?

102MS STEPHANIDES:  211 days excluding today, Your Honour.

103HER HONOUR:  All right.  I declare that 212 days of this order have been served by way of pre-sentence detention.

104The main thing that I would like to see worked on between now and your release is accommodation, Mr Summerville, and in some ways, this has not been a great experience for you but in other ways a number of issues that you really do need to attend to have very much come to light and I want you to remember - have I lost Mr - no, I have not.

105I want you to remember, Mr Summerville, this order has got two main purposes; the first is to act in some sort of punishment for the offending you engaged in but secondly, it is assist you and give you some resources to deal with the difficulties.  It would be terrible to see a young man like you keep barrelling down the drug road if I can put it that way and end up with a full-blown permanent psychotic condition.  Am I making sense to you, Mr Summerville?

106OFFENDER:  Yeah, 100 per cent.  Yeah, I'm quite over it.  I've done - quit before and, yeah, I definitely gotta do it again since I've been off it for like seven months now.

107HER HONOUR:  Yes.  I just hope you can but it means that you have got a better understanding of what you need to do to look after yourself.

108OFFENDER:  Yeah.

109HER HONOUR:  I am satisfied that, you know, you are a young man, as I have said, who can stay out of trouble.  You have managed to get yourself off cannabis because you understood the link with your offending.  The big thing I think that possibly you also need to look at is your own psychological functioning.

110For someone like yourself who just through fate and the way things worked out is probably emotionally likely to fall harder in a relationship and feel it more strongly if that relationship does not work.  Everybody gets their heart broken at some stage, Mr Summerville, but because of perhaps the way you had to look after yourself largely since you were 13, being in a relationship is going to be particularly seductive for you if I can put it that way.  It is going to fill probably a number of emotional holes in you and make you fall very hard in that relationship and make you want to stay in that relationship because of the emotional security it brings you.

111That can mean you can be in this situation as you were with Ms Gibson where you fell hard and fast and she did not, all right?  And that caused you an enormous amount of hurt.

112Now, that is not because there is anything wrong with you but you are going to be prone to, it seems to me, getting into that sort of situation and it would be really good if with your psychologist you can talk about what happened with that relationship so that you do not in the future get into such a state of hurt and despair that you turn to drug use, you turn to alcohol use and because of your particularly vulnerabilities behaving in a way that I am satisfied is out of character for you, all right?

113OFFENDER:  Yeah.

114HER HONOUR:  Those are your vulnerabilities.  I am sure you have talked about this with Holly and other people in the unit but it is really good to know what your vulnerabilities are and to learn how to handle them, all right?

115OFFENDER:  Yeah.

116HER HONOUR:  I am going to order judicial monitoring and I think we will do that in early February.

117OFFENDER:  Yeah, no worries.

118HER HONOUR:  All right?  I will give you a date.  3 February at 9.30.  You can be beamed in, you do not have to attend personally but that will be your first judicial monitoring and Corrections will remind you about that, all right?

119OFFENDER:  Okay.  Thank you.

120HER HONOUR:  And, you know, sometimes these orders need a bit of tweaking, you start off and various programs are imposed and they do not quite work.  I am also going to order that you undertake programs to reduce reoffending and I am going to also order supervision.   

121Pursuant to s6AAA, I declare that had you not pleaded guilty, I would have sentenced you to three years' imprisonment and order that you serve a minimum term of 18 months.

122I think that is all I need to attend do?

123OFFENDER:  Yeah.  Thank you, Your Honour.

124HER HONOUR:  That is all right, Mr Summerville.  Good luck to you.  I look forward to seeing you in February and see how you are traveling, all right?

125OFFENDER:  Thank you.

126HER HONOUR:  And I hope things work well and you find somewhere decent to live when you get out.

127Anything else I need to attend to, Madam Prosecutor?  You are on mute.

128MS STEPHANIDES:  No, Your Honour.

129HER HONOUR:  Thank you.  Ms Clark, is there anything else I have left out that you can think of?

130MS CLARK:  Nothing at all.

131HER HONOUR:  All right.  All the best, Mr Summerville.

132OFFENDER:  Thank you.

133HER HONOUR:  I thank counsel very much for their assistance and we will adjourn to 9.30 next Wednesday.  Thank you.  Thank you.

134OFFENDER:  Thanks.

135HER HONOUR:  Thank you very much.

136COUNSEL:  If Your Honour pleases.

137HER HONOUR:  Thank you very much.

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