Director of Public Prosecutions v Swettenham
[2021] VCC 1643
•25 October 2021
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR-21-00364
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ZAC SWETTENHAM |
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JUDGE: | HIS HONOUR JUDGE JOHNS |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 14 September 2021 and 6 October 2021 |
DATE OF SENTENCE: | 25 October 2021 |
CASE MAY BE CITED AS: | DPP v Swettenham |
MEDIUM NEUTRAL CITATION: | [2021] VCC 1643 |
REASONS FOR SENTENCE
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Subject: Criminal Law Sentence
Catchwords: Aboriginal offender – Koori Court – Aggravated burglary – Causing serious injury recklessly – Theft – Possession of a drug of dependence – Verdins principles – Bugmy principles – Early plea of guilty.
Cases Cited: Bugmy v The Queen [2013] HCA 37; R v Verdins & Ors [2007] VSCA 102; Wright v The Queen [2015] VSCA 333; The Queen v McKee [2003] VSCA 16.
Sentence: Total effective sentence of 5 years and 9 months' imprisonment – Non-parole period of 3 years and 6 months’ imprisonment – License disqualified and cancelled for 2 years - $300 Fine.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms D. Hogan | Office of Public Prosecutions |
For the Accused | Mr T. McCulloch | Victorian Aboriginal Legal Service |
HIS HONOUR:
1Zac Swettenham, you have pleaded guilty to one charge of aggravated burglary which carries a maximum penalty of 25 years' imprisonment, one charge of causing serious injury recklessly which carries a maximum penalty of 15 years' imprisonment, one charge of theft which carries a maximum penalty of 10 years, and two charges of possessing a drug of dependence, an offence carrying a maximum penalty of 5 years in respect of Charge 5 (Butanediol) and 5 penalty units in the agreed circumstances of Charge 4 (possession of cannabis).
2You have admitted relevant prior convictions.
3The facts of your offending are clearly and succinctly set out in the Summary of Prosecution Opening which was Exhibit A on the Plea and forms part of these reasons for sentence.
Circumstances of offending
4On 10 February 2020, you and your co-accused attended at the victim’s address in Sunshine West in your vehicle.
5You were captured on CCTV exiting your car along with the co-accused and walking towards Lewis Court.
6At this time, your victim was sitting in the driver seat of his vehicle. You and your co-accused approached that car and had a conversation with your victim telling him that you were a friend of someone he knew.
7Your victim entered his house and closed the security door behind him. You and your co-accused then asked the victim if your co-accused could use his toilet. Both you and your co-accused entered the house on the understanding that your co-accused would use the toilet.
8A few minutes later, the co-accused left by the front door and ran back to your car. He retrieved an unknown object from the car. He put it up his sleeve and returned to the victim’s house with the weapon. He went in the front door and removed the weapon from his sleeve. CCTV audio of the incident captures a male voice saying, “What was that?”
9You and the victim had a disagreement inside the house that related to drugs. You and your co-accused punched the victim to the head and body. A baseball bat was also used during the assault to hit your victim. Your victim sustained extensive facial injuries including broken bones and head trauma.
10Your victim was unable to recall what occurred at the time of the offending due to his head injuries. You and your co-accused took a baseball bat, a black coloured satchel bag, and the keys to the victim’s car. You left in your vehicle.
11The victim came out of his house onto the street yelling for help. He was bleeding heavily from the face and his face was very swollen and bruised. He was taken to the Royal Melbourne Hospital and placed in an induced coma. Doctors at the hospital were concerned that your victim’s airway could possibly close over due to swelling. Due to the severity of his injuries he was unable to provide much information to police about the offending. He had multiple broken bones in his face.
12After the incident he stated, “I don’t want any friends and I don’t want to go home. I’m too scared to. This has ruined my life.” He also said, “My life is now changed forever, I’m so scared that they will come after me.”
13Inside the victim’s house police later located a broken speaker on the lounge room floor which contained $5000 in cash, they also observed blood splattering on the floor.
14Sometime between 9.00 pm on 10 February and 7.00 am on 11 February, unknown co-offenders attended the victim’s house. You had arranged for these co-offenders to attend and drive the victim’s vehicle to you. You paid them to do this. Those offenders removed the front driveway gates and stole the victim’s vehicle using the key that was stolen from the property on 10 February 2020.
15You were arrested on 14 February at your home address. Police seized the stolen vehicle.
Injuries suffered by the victim
16As a result of the assault, the victim received extensive facial injuries including broken bones and head trauma. The medical injuries are summarised as follows:
·a bleed on the brain;
·extensive facial fractures to the left and right cheek bones;
·fractured right orbit;
·fractured left and right nasal bones;
·facial bruising;
·multiple head lacerations; and
·loose lower front teeth.
17The victim required admission to the intensive care unit in order to manage his airway. Were it not for this medical intervention, he could have died. He required dental treatment for lost teeth and suffered significant psychological impacts as a result of the injuries. The facial fractures were substantial and protracted.
18The prosecutor pointed out that there was evidence of preplanning in your case. You contacted a person named “Dylan” on 8 February 2020 asking if he would “be interested at all in doing a little work tonight probably just have to get a little rough”, you said. The text went on, “Could be a few ounces of gold and hopefully a heap of G in it and some cash hopefully… I just know you can fight and have been around the block and don’t fear much”.
19You contacted him again on 9 February 2020 stating “need that 600 mate. Your friend is gonna get done, you can either man up and go with us or just let him have it over you. Up to you bro. He won’t see it coming though. Trust me.”
20On 11 February 2020, you contacted someone called “Jared“ or someone who was in your phone as Jared, asking “would you take a car from someone’s house if I have the keys for it. I would but I don’t drive manual ha ha…”. And a further message on the same date, stating “well if it comes back to anyone it will be for me to deal. He did wrong by one of my mates I’m fucking him up royally”.
Objective gravity of offending
21The objective gravity of your offending is high.
22The circumstances of the offence of recklessly causing serious injury constitute a serious example of that offence. The offence occurred inside the victim’s home. You were in company. A weapon was used. I am satisfied that the attack was pre-planned.
23Your victim suffered very serious injuries. He was admitted to ICU for management of his airway. He required operative closure of open wounds. He spent a week in a tertiary trauma hospital and had several months of specialist outpatient follow-up.
24The impact upon your victim has been severe. The psychological sequelae would be very significant and likely to continue for many years.
25The maximum penalty for aggravated burglary is 25 years' imprisonment. That is a reflection of how seriously that offence is viewed by parliament.
26Planned violence of this nature following an aggravated burglary is very serious offending. General deterrence and denunciation are important sentencing considerations.
27The serious aspects of your offending were acknowledged by you through your Counsel in his thorough Outline of Plea Submissions which was Exhibit 1 on the Plea.
Personal circumstances
28You are now 33 years of age, being born in Tweed Heads in July 1988. Your parents separated when you were around two years of age.
29You had a fractured relationship with your mother, seeing her once a month, I was told, as you were growing up – which reduced in frequency over the course of your childhood. It seems she was a woman with personal difficulties, although you have been reluctant to go into detail in any length about these difficulties. I was told that you no longer have contact with her.
30Your father, Barry, is a well-known public figure and was a champion boxer. He was your primary care-giver throughout your childhood.
31You are proud of your Aboriginal heritage that comes through your mother’s line. You are part of the Darumbal mob whose country, as I am informed, lies on the Queensland coast. You have had difficulty exploring your traditional connection to country, culture and family due to your grandfather’s reluctance to talk about the past due to his history of personal trauma. He was also part of the stolen generation which has placed a further barrier between you and your family and cultural connections.
32Your father re-partnered after separation from your mother, and had two further children. Your siblings are nine and ten years younger than you. Your father has been a constant support for you throughout your life, although he may have been a hard taskmaster at times. You have described him as ‘not someone you wanted to disappoint’ when you were growing up.
33There is also some support through the materials that suggests your step-mother growing up may have been a user of amphetamines, and the family environment may well have been a tumultuous and not entirely secure environment at times.
34It also seems as though your relationship with your father has involved some tension. You displayed some proficiency at boxing and trained regularly, fighting in a professional fight. You were surrounded by boxing to an extent growing up and you have mentioned that Lionel Rose was a mentor of your father’s, and that your father was also involved in the Aboriginal community originally through his association with Mr Rose.
35But your father didn’t want you to go down such a difficult, physically demanding and dangerous path as boxing. You were a good student and he wanted you to put your energies in that direction. This appears to have created some conflict, at least within yourself, over those years.
36You spent your primary school years in Williamstown. You completed your secondary schooling at Williamstown High and were a very good student, I was told. You completed year 12, although you did not do as well as you otherwise might have due to poor motivation and perhaps some issues relating to the conflicts I have described.
37You worked after leaving school in the construction industry, the security industry and also in a business your father ran at the time – a business placing and managing pool tables in various clubs and venues around Victoria.
38At 19 or thereabouts, you commenced an electrical apprenticeship although you did not finish it.
39At 21, you were working variously in concreting, demolition, and traffic control at building sites. You took up this work after your father sold his business. You have stated that it was around this time you commenced regular use of methylamphetamine.
40It is around this time also that your criminal history for violent offending commences. Also, your first psychiatric episode occurred at this age, being 21.
41In 2014, you were admitted as an involuntary patient at Werribee Mercy Hospital and diagnosed with schizophrenia.
42At the start of 2016 when you were in your mid- late 20s, you began a business/law degree at Victoria University. You completed one semester but were unable to complete semester two and deferred your studies. You put your failure to complete the course down to becoming depressed and despondent after a break-up with a partner and resorting to drug use again.
43You experienced a second involuntary psychiatric admission later in the same year.
44I was told that you also did some work experience in your mid 20s at Hocking Stuart Real Estate and I was told that you have a real estate licence but you are not hopeful of working in that industry due to your criminal convictions.
Psychiatric history and assessment
45Your history of schizophrenia provides background, or at least an overlay, to your history of illicit drug use and criminal offending.
46Your illness appears to have coincided with your regular use of methylamphetamine around 2009. The illness is enduring and present even in the absence of drug use.
47You have been admitted as an inpatient for lengthy periods on at least three occasions between 2014 and 2018.
48You have also been the subject of eight involuntary treatment dispositions in the community, with the last such order finishing not long before the commission of the offences before me.
49A substantial part of the legal discussion on the plea, both in written and oral form, was devoted to what your Counsel Mr McCulloch termed, ‘the interplay between diagnosis, treatment and illicit drug use’.
50Mr McCulloch acknowledged that ‘like many offenders, the forensic relevance of your mental illness can be difficult to disentangle from your use of drugs’.
51A thorough report from Dr Zimmerman (Exhibit 2) was relied upon at your plea.[1] At paragraph [86], Dr Zimmerman concluded that prior to the offending you had recently been medicated for your condition and were not actively psychotic at the time of your offending.
[1] Report of Dr Nina Zimmerman dated 3 July 2021.
52Dr Zimmerman noted that you described experiencing severe akathisia at the time of the offending. Akathisia is a condition that can be brought on by the prescribed depot medication you were under at the time.
53It is a movement disorder that creates an inner sensation of muscle quivering and restlessness and is associated with an increased risk of impulsive behaviour and suicidal ideation. You reported to Dr Zimmerman that you were feeling suicidal at the time of the offending.
54You reported that in order to manage this condition you resorted to drug use to balance out the side effects of your prescribed medication. You also said that you resorted to alcohol in order to sleep.
55You went into some detail about these matters in the sentencing conversation. You also gave sworn evidence before me on the topic at the further plea of this matter.
56You described the experience of akathisia as ‘truly excruciating.’ You stated that it was a feeling of ‘tearing at the walls inside your mind.’ You couldn’t sit still. You couldn’t read, watch television, and couldn’t sleep. You would walk until the soles on your shoes wore out and your feet bled, you told me. You would walk for days.
57I accept that the particular depot medication you had been on had this effect upon you in the lead up to you resuming methylamphetamine use prior to the offending.
58Your Counsel submitted that you succeeded in remaining offence and drug free for some period after your release from custody in 2018, but ultimately relapsed under the weight of the side effects. I accept that this is a fair assessment, although I have concluded that your problem with illicit substance abuse, and other issues such as a gambling disorder, have deep-seated origins. The akathisia on this occasion was a precipitator of your resort to drug use.
59You are a person who is vulnerable to drug use in moments of stress and difficulty. I suspect that, like many drug abusers, you are adept – no doubt sub-consciously or unconsciously – at finding a context or a narrative that supports your relapse into substance abuse.
60Dr Zimmerman opines at paragraph [81]:
“I believe that Mr Swettenham may have some residual, low-level persecutory delusional beliefs but, in the absence of drug use and the chaos of his life in the community, is not currently acutely psychotic. He remains at risk of future relapses of his life-long illness, particularly in the context of drug use or stress.”
61Dr Zimmerman also found that you have a longstanding gambling problem. She diagnosed you as having a gambling disorder. You also meet the criteria for methamphetamine and alcohol misuse disorders but both are in remission due to your incarceration.
62As to your experience in custody, with reference to your decision not to take the depot medication due to the side effects of akathisia, Dr Zimmerman writes:
“There is also a pattern of repeated assaults from a man who has a history of assaults in the context of psychosis. Mr Swettenham has been asking to be locked down in isolation long-term as he feels unable to avoid these conflicts and it is possible that they are driven by subthreshold paranoid interpretations. Mr Swettenham is at increasing risk of a relapse the longer he remains off his antipsychotic medication.”[2]
[2] At [89].
63In relation to the offending, Dr Zimmerman stated:
“I do not believe that there is evidence of a relationship between his psychosis and his offending. His tendency to act impulsively and recklessly, behave aggressively and to fail to think through the potential consequences of his behaviour are all consistent with someone who is intoxicated with Ice.”[3]
[3] At [90].
64Your Counsel submitted that the context in which you resumed ice use is relevant to my instinctive synthesis of factors. He submitted that the relevant factors can be broken down into the following combination:
a.The presence of an enduring and severe psychotic illness which has frequently given rise to the need for involuntary treatment and anti-psychotic medication;
b.Your experience of a severe side effect from your prescribed medication, being akathisia. The impact of this side effect on your day-to-day functioning was so severe that from your perspective, it was worse than your underlying schizophrenia; and
c.You found that self-medicating with methylamphetamine reduced the negative effects of this prescribed medication.
65I accept that there is a foundation in the evidence that supports the combination set out.
66Your Counsel goes further and submits that there is a causal link between your enduring mental illness, the medical management of that illness and the use of drugs. He argues that in these circumstances, the principles in Verdins relating to moral culpability are enlivened.[4]
[4]R v Verdins & Ors [2007] VSCA 102.
67Whilst your Counsel accepted that self-induced intoxication, even after the cessation of prescribed medication, does not ordinarily form a basis for the application of the Verdins principle in this sense, particularly where a history of violence whilst intoxicated is demonstrated, the factor of akathisia puts your case into a different category.
68Mr McCulloch submits that you reported the side effects of the depot medication to your treating practitioners, but despite dosage adjustments, the symptoms persisted.
69Mr McCulloch points out that even in the days prior to your offending, you remained compliant with depot medication but attempted to balance those effects with illicit drug use. He relied upon Dr Zimmerman’s opinion at paragraph [87] that a recurrence of akathisia is a risk factor for relapse into drug use.
70In this way, Mr McCulloch argues that the causal connection he relies upon for establishing the enlivening of the Verdins principle in respect of moral culpability is present.
71The prosecution rely upon Dr Zimmerman’s opinion outlined above in disputing that Verdins mitigation in this sense is available. Ms Hogan for the prosecution filed sentencing submissions (Exhibit B), and an Addendum on the question of general deterrence (Exhibit C). The Addendum addressed a submission from Mr McCulloch as to a moderation of general deterrence based upon the same context of paranoid schizophrenia, treatment, akathisia and drug use – but not in the causal sense, rather in the sense referred to in cases such as Wright v The Queen.[5]
[5] [2015] VSCA 333.
72I was referred to Wright v The Queen at paragraphs [39] - [48] and also paragraphs [63] - [64]. I was also referred to The Queen v McKee, particularly per Buchanan JA at paragraphs [12]-[13] and per Vincent JA at paragraph [21].[6] The passages in McKee were relied upon in support of the submission that your moral responsibility for the drug use leading up to the offending before me was reduced.
[6] [2003] VSCA 16.
73As I stated at the further plea, I am not satisfied that the combination of matters – schizophrenia, side-effects to treatment and subsequent drug use – give rise to a reduction in moral culpability, or a moderation of general deterrence, in the direct sense espoused in Verdins and analysed in Wright.
74The combination of factors remains vitally relevant however in my assessment, together with other factors, of your subjective culpability generally, as well as your prospects of rehabilitation.
75As to general deterrence, you fall into a similar category of offender as that described in Wright, who ceases medication and then self-medicates with illicit substances and offends. Although you are deserving of some greater understanding if not sympathy, however, due to what I have accepted was the terrible effects that you experienced as a result of akathisia.
76As I have stated, your history of ill-health and its relationship with drug use, and offending behaviour are relevant matters for me to take into account in my synthesis of relevant factors. Together with other factors, they have helped form you and make you the person that you are.
77Your Counsel summarised it in this way:
“ …The thread of mental illness appears throughout his recent and relevant prior matters.
At around the time Mr Swettenham instructs that he began using ice, his first mental health episode appears fairly promptly thereafter (in approximately 2009).
By 2014 he has been admitted as an inpatient at Werribee Mercy for almost a month.
Despite attempting to devote himself to boxing training and enrolling in university by 2017 Mr Swettenham was sentenced [aged 29] for an assault with a knife which was brought about by a delusional belief that a kidnapping had occurred.[7]
He was sentenced for more serious offending in April 2018 and within one week of his release from custody in November 2018, he is admitted as an inpatient for 3 weeks and then made subject to a community treatment order for 12 months.”
[7] There is reference to that matter in Dr Zimmerman's report.
78Your Counsel submitted that, in practical terms, it is extremely difficult to disentangle your moral culpability from your mental illness and your use of drugs.
79That observation is not the same proposition of course as finding the nexus that enlivens the Verdins principles on this point in my view.
80As I observed during the further plea, it is the relationship between many aspects of your life that I assess as a whole. The submission was made, in a lukewarm way perhaps, that the Bugmy principle was enlivened.[8] The prosecution made submissions in writing and orally that the evidentiary basis did not exist for making such a finding.
[8]Bugmy v The Queen [2013] HCA 37
81I agree, but that is not to say that sad and unfortunate circumstances in your life have not been formative and have had consequences. For example, the absence of your mother for almost your entire life is significant, perhaps also the experience of living in the shadow of a famous father (although I note you have not emphasised this).
82The devastating nature of the illness schizophrenia and the severe side-effects of the medication used to treat it are well understood.
83The combination of all of these matters, including your significant issue with drug use, are matters which I take into account in my overall assessment of moral culpability and your prospects of rehabilitation.
84Understanding the relationship between all of these matters is necessary in order to have a proper understanding of the things in your life that have shaped your responses and been formative of you.
85The history of mental illness and your struggles with it also give rise to the application of some mercy, as was urged by your counsel.
Burden of imprisonment
86I accept that for the matters advanced by your Counsel, which were not contested by the prosecution, your experience in custody has been and will be harsher due to your ailments and their consequences than it would for another prisoner who is not burdened by such things.
87You have also experienced custody through the COVID-19 pandemic period and it is well understood that the restrictions in place throughout that period are onerous, stressful and anxiety provoking and worthy of mitigation of sentence.
Koori Court and Aboriginality
88I have touched on your Aboriginal heritage and the frustration you have felt over the years at being cut-off to your heritage due to the absence of your mother and your grandfather’s circumstances. It has been clear and I accept that particularly in your younger years you had great interest in pursuing and exploring it and perhaps due in part to this frustration, that interest waned.
89However, you have made it very clear during the sentencing conversation that into the future it is something you want to engage in more meaningfully and as fully as you are able to.
90In a not altogether unusual way, your separation from your heritage due to your grandfather's circumstances and the absence of your mother from a young age may be a consequence of the inter-generational trauma that is certainly becoming better understood in the courts relative to Aboriginal heritage.
91Nevertheless, despite those frustrations, you do have connections to your Aboriginal heritage and have had throughout your life. As I have said, you have expressed a desire to engage more with it and learn more about your heritage.
92Your father has been involved with the Aboriginal community and through his contact, you have become engaged in Aboriginal communities in Melbourne that were not your mob, so to speak. But nonetheless, through Lionel Rose who I have mentioned and also Greg Lovett, you became involved with the Fitzroy Stars. You also attended NAIDOC events. You had contact with the Aboriginal community through Graham Brook and his cousin, Shane, who encouraged you to work with Aboriginal youth in sports and through your ability in boxing you were able to engage with the Fitzroy Stars and spend time involved in that activity.
93Your father was particularly involved, I was told, with the Gunditjmara mob and you have felt connected to the Gunditjmara people through community events and sports in your life.
94You participated in the Koori Court sentencing conversation and you were challenged by the elders, particularly in relation to the impacts of your crime on your victim in this case. It was not a process that you found easy no doubt. It is an uncomfortable experience but you participated in it fully and I take your participation into account.
95You expressed remorse during the sentencing conversation and again in your sworn evidence.
96I have had some reservations about your level of empathy and particularly your ability to feel true empathy.
97I also pointed out during the sentencing conversation that you have shown not just a worrying level of violence throughout your criminal history but a preparedness to harm others and that has been a concern that I have had to consider, particularly when considering the protection of the community.
98During the sentencing conversation you were asked why you came to Koori Court and you, I accept in sincere fashion, explained that you want to get in touch with your Aboriginal mob. You spoke about your engagement with Fitzroy Stars and what you want to do in the future in terms of connecting with culture, but also getting healthy and fit, doing your boxing.
99You spoke at length during the sentencing conversation about the lead up to the offending and your suicidal ideation, the effects of the akathisia. I will not go into that anymore. But you also told the court about how you are passing your time in custody between reading the Bible, exercising, and a lot of contact with your father.
100You were asked about your future, and the elders inquired with you about your engagement with Aboriginal culture and how that can assist your spiritual wellbeing. You were very open to that discussion and you were being urged to connect and draw some purpose, meaning and inspiration from your Aboriginality and culture into the future and I am satisfied that it is something that you were genuinely optimistic about doing.
Plea of guilty
101You pleaded guilty at a relatively early opportunity. I accept that your plea of guilty is particularly significant in the context of the pandemic, where the criminal trial list is at crisis point in our Court and you get a significant discount for pleading guilty and saving your victim from giving evidence and the trauma associated with that.
102I also accept that your plea of guilty is reflective of some contrition and acceptance of responsibility and generally is a matter in support of your prospects of rehabilitation.
103I have concerns about your degree of insight and understanding of the extent of your drug issue and how difficult it may be for you, notwithstanding the devastating impact it has had on your past and on those that have been the victims of your criminal offending. It will be a real challenge for you moving forward to go and deal with your illicit substance abuse issues.
104It struck me that you see it essentially as a mental health issue, and that once that aspect of your life is under control, the rest will follow. To a degree that is no doubt very important, but I am not so optimistic that it alone provides the answer.
105A massive challenge remains for you whilst on parole to deal with the underlying impulses which drive your drug use, and perhaps also as an aside, the gambling problem that has been referred to by Dr Zimmerman.
106You have many abilities. It has already been observed that you are intelligent and you were challenged during the sentencing conversation as to the opportunities you had had in relation to tertiary education, for instance. You have many abilities but have not been using them and it is hoped that in the future you will be able to harness those abilities and get on top of your demons.
107In that context in relation to your prospects of rehabilitation, I am hopeful as to your prospects but that must be guarded.
108I will now turn to sentence, Mr Swettenham.
Sentence
109On Charge 1, being aggravated burglary, you are sentenced to 42 months' imprisonment.
110On Charge 2, being recklessly causing injury, you are sentenced to 5 years' imprisonment. This is the base sentence.
111On Charge 3 – 6 months' imprisonment and your licence is cancelled and disqualified for 2 years.
112On Charge 4, you are fined $300.
113On Charge 5 – 1 month imprisonment.
114Nine months of the sentence imposed on Charge 1 is to be served cumulatively on the sentence imposed on Charge 2.
115That makes a total effective sentence of 5 years and 9 months' imprisonment.
116I set a non-parole period of 3 years and 6 months’ and I declare that you have served 619 days' pre-sentence detention, not including today.
117Pursuant to s6AAA of the Sentencing Act, I indicate that but for your plea of guilty, I would have sentenced you to a total effective sentence of 7.5 years’ with a non-parole period of 5.5 years’.
118Ms Hogan, is there anything I have overlooked in relation to that that needs to be addressed?
119MS HOGAN: There are the two ancillary orders, the disposal and forfeiture were sought by the prosecution.
120MR McCULLOCH: It's not opposed, Your Honour.
121HIS HONOUR: I will make those orders once the orders are provided to me in draft form I'll sign the disposal order and forfeiture order in the terms sought. No other matters?
122COUNSEL: No, Your Honour.
123HIS HONOUR: Thank you, yes. We will adjourn the court.
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