Director of Public Prosecutions v Vardouniotis

[2016] VCC 368

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-15-02143

DIRECTOR OF PUBLIC PROSECUTIONS

v

GEORGINA VARDOUNIOTIS

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JUDGE:	HIS HONOUR M.P. JUDGE BOURKE
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	1 April 2016
CASE MAY BE CITED AS:	DPP v Vardouniotis
MEDIUM NEUTRAL CITATION:	[2016] VCC 368

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	Mr. M. Challen	Office of Public Prosecutions
For the Accused	Mr. H. Telefson

HIS HONOUR:

1Georgina Vardouniotis, you are to be sentenced to two charges of theft.  Charge 1 alleges the State offence of theft under the Victorian Crimes Act.  Charge 2 alleges theft under the Commonwealth Criminal Code

2It was explained to me that amendment to the Commonwealth Code allowed that you be charged under that legislation for the continuation of your offending after January 2003.  I was told that this had not been previously available.  The Commonwealth Director of Public Prosecutions decided to allege Charge 2 despite that your offending was,  in reality, a continuing offence between 1999 and 2014.  You will be sentenced in accordance with that.  The maximum sentence is 10 years imprisonment for both offences.

3You pleaded guilty before me on 16 March.  When interviewed by police on 12 September 2014, you made what I find to be a candid and detailed confession.  Despite your admissions, which fully admitted the whole of the offending, there was a delay of almost 9 months before you were charged.  The prosecution brief was served about five months after that on 15 October 2015.  Proceedings then moved quickly, assisted by your co-operation.  On 1 December 2015, committal went by hand-up brief and you entered a plea of guilty.  The matter was then listed for plea hearing at the next available County Court sittings in Mildura.  As stated, you pleaded guilty before me on 16 March. 

4You receive the benefit of your plea of guilty and a high level of cooperation, both from an early stage.  You have facilitated the interests of justice.  For example, although it is not absolutely clear, the investigation of you may not have proven the whole period of your offending.

5I find that you are genuinely remorseful. 

6At your plea hearing also on the 16th of March, Mr Challen for the Crown tendered a written Crown Opening.  Mr Telefson, for you, tendered the psychological report of Gerald Purchase dated 12 February 2016,  the medical report of your general practitioner, Dr John Dyson Berry dated 13 January 2016 and a number of letters of character reference. 

7Mr Challen also provided materials setting out relevant Court of Appeal judgments and other sentences. 

8The circumstances of your offending are comprehensively set out in the tendered Crown Opening which is Exhibit A.  My own summary may therefore be shorter.  I am also informed by matters put and evidence tendered on your behalf. 

9You were born and raised in the United Kingdom; but emigrated here in your early 20s.  You met and married your husband.  You moved to the Mildura and Ouyen area, purchased a grape block and raised a family.  It was a long and happy marriage. 

10Your mother, Mary Rodgers, joined you here in the late 1980s, but returned to the United Kingdom after some years.  In Australia, she lived independently but relied heavily upon you.  This included that her Australian Age Pension was ultimately paid into a bank account controlled by you.  The relevant account seems to have commenced with you as an authorised signatory in about September 1994. 

11Your mother continued, legally,  to receive the pension after return to England.  She died in April 1999.  Your husband died in 2000.  Centrelink continued to make payments to your mother and therefore to the relevant bank account.  This continued until August 2014 when, had she lived, your mother would have been aged 102 years.

12You continued to receive, withdraw and use the moneys.  By August 2014, your theft totalled, to my reckoning, $224,378.49.  I was told that the offending was first detected in April 2014.  It was also explained to me that the passing of about 15 years was caused by the fact that the Australian Government,  or Centrelink,  does or did not have access to United Kingdom death records. 

13After detection in April an investigation ran for about five months until you were interviewed in September and,  as stated, made a full confession.  The payments continued to be made to the bank in Ouyen until the 14th of August.  You have entered an arrangement with Centrelink whereby part of your own pension is withheld.  You are aged 69.  You have repaid $4720.20 as at 11 March 2016.  By my rough calculation, given survival to the age of 85, you will have repaid about $55 to $60,000. 

14As stated, you are now a 69 year old woman, presently living mainly in Walpeup, near Ouyen.  You care for a house on a wheat property.  You live there with a man named Carl Jensen.  I was told that it is a platonic friendship.  Prior to that, you lived at Casino in New South Wales with your daughter, and in Irymple, near Mildura. 

15You have three children aged in their late 30s and early 40s and a number of grandchildren.  You have no criminal record. 

16Your childhood in the United Kingdom was in a caring family.  Your mother was of Japanese origin, your father  British.  He died of a heart attack when you were about 12.  You were the older of two girls.

17After school, you studied shorthand and typing and then worked in that area.  At 21, you came to Australia, settling in Melbourne.  You married at 23.  After about 30 years of marriage, your husband died of cancer. 

18Mr Purchase states in his report.

19"At about age 21, she" - meaning you - "migrated to Melbourne, a place her father had often spoken about affectionately.  In 1969 she met and married her husband, a carpenter of Greek origin.  She described him as a kind and loving man.  At some stage they moved to Mildura where they bought a grape  block.  The marriage produced three children, currently in their late 30s, and early 40s. 

After 32 years of marriage, Mrs Vardouniotis's husband died from cancer.  The children initially returned to Mildura to support her.  Mrs Vardouniotis remembers it as a very difficult time for all.  She felt that she remained in limbo for a number of years after her husband's death.  She did not offer the death as an explanation for her own unacceptable behaviour. "

20Mr Telefson described a difficult financial as well as emotional time after your mother's and then husband's death.  Your own pension was about $450 per week.  This offending meant total income of about $900 per week.  The family property was divided into two lots, the house and block.  There was a mortgage.  Your husband could no longer provide.  Ultimately, the property was sold and you received about $50,000, most of that  ($40,000)  paid for a granny flat at your daughter's home in  Casino where you lived.  You told police in your interview that you used the stolen  money to pay bills. 

21It is, of course, without justification or excuse.  However, I find that your motivation to offend and continue to do so  was not, as put in some cases, pure greed.

22You also told police and Mr Purchase that you contacted, or attempted contact with Centrelink to advise of your mother's departure and then death.  Mr Telefson maintained on your behalf that there was such an attempt.  This has presented a difficult fact-finding question.  Mr Challen put, also from the Bar table, that inquiry has revealed no record of this.  Your account to Mr Purchase has some difference to that given to the police; however this may be explicable.  Mr Telefson did not call you to give evidence.  I find it also relevant that your statements on this to police were made in an otherwise forthcoming and candid record of interview.  You are also a person of otherwise good character.

23Ultimately, I find that I am unable to make a positive finding,  on the probabilities,  that you attempted to notify Centrelink.  However, I also do not discount the possibility of it.  The issue was raised and discussed with counsel.  I do not find that you have lied about it.  I better make that clear.  I do not positively find that you have lied about it.  It must be said and it is clear, that even given such an attempt  the mitigation it offers is overwhelmed or at least greatly undermined by your decision to continue,  over the long time you did, to steal from the Commonwealth.

24Mr Purchase does not diagnose any current psychological condition and does not try to speculate about any past condition.  I found his report a considered and helpful assessment of your personal situation, past and now.  I quote from parts of this  report. 

25"Mrs Vardouniotis reported that she knew that what she was doing wrong and often made resolutions to stop withdrawing the money, but somehow she just continued. 'It used to hang over me like a cloud, it never allowed me to be happy.'  She continued that when she was finally confronted with the evidence of her wrongdoing, she immediately admitted guilt.  

26"I was relieved to be caught.  A weight was lifted off my shoulders, I didn't know how to stop. 

27Mrs Vardouniotis stated that she has lived with her older daughter in Casino, New South Wales, for about the past three years.  She maintains a close and loving relationship with all her children and grandchildren.  They phone one another multiple times a day.  Nevertheless, she has not found the courage to tell her children or friends of the charges against her.  It seems that she fears their reactions and having to confront herself and her behaviour.   

28‘I have let my family down.'     I do not believe that Mrs Vardouniotis would currently attract any psychiatric diagnosis.  She lives well and productively.  She generally showed an excellent level of insight into her own behaviour although she remained perplexed at her dishonesty.  She noted that she had never fallen foul of the law and had never even attracted a speeding or parking fine.  She made no attempt to minimise her behaviour or to make excuses for it.  She appeared resigned to accepting her fate.

29He, Mr Purchase, goes on to say, " It may be of academic interest to note that when stealing  occurs, and it does not fit in with the person's personality history or needs, it sometimes represents an unconscious need to take back or steal what has been experienced to have been unfairly taken from them.  In Mrs Vardouniotis's case, this could be linked to the loss of her beloved husband and the loss of her mother to England." 

30I do not act on this proposition.  I do not see Mr Purchase as intending that I do so.

31This was serious offending.  It continued over a long time and over that time came to be a large amount of money stolen.  It cannot be described as passive offending.  For example, over the time, you took steps to receive and redirect your mother's mail, including that from Centrelink.  Your offending was a dishonest obtaining of moneys to the detriment of the Australian Government, taxpayer and community. 

32In such a case, the sentencing considerations of deterrence, particularly general deterrence, your moral culpability and the need to sentence in a way to condemn the offending are relevant.  There must be just and proportionate punishment.

33In a thorough and helpful submission on sentence, Mr Challen made the points,  and did so correctly, that in such cases as this general deterrence is a paramount sentencing purpose and that,  given such things as the nature, duration and extent of your offending, the appropriate sentence would ordinarily be imprisonment with at least some part to be actually served.  The Crown's submission is that I impose such a sentence.

34However, after anxious thought, I have come to the view that I should not impose actual imprisonment upon you.  There are a number of matters that persuade me that I may and should not do so, in order to meet the relevant sentencing considerations.   They include the following.

35(1) Your early plea of guilty and cooperation.  I see you as genuinely remorseful.

36(2) Your personal history and otherwise good character.  The tendered material speaks highly of your kindness and commitment to family. 

37(3) Some aspects of the circumstances and,  perhaps particularly,  leading to your offending.  As stated, there is no identifiable psychological condition existing at the time you decided and began to offend.  However, it would not be realistic, or just, to ignore as relevant the very likely distress of the loss of your mother and then life-time partner.  I am alert to the fact that you had begun to offend at the time of your husband's death.  However I still see his illness and then passing in that period to be relevant matters.  The level and duration of impact of such things can easily be under-estimated. 

38(4) Your present personal circumstances, which include your age and associated health problems.  They are perhaps not dire  and are consistent with your age.  I quote from your general practitioner's attendant report. 

39"Current and previous diagnosis.  She" - being you - "suffers from high blood pressure since 2000 and diabetes not requiring insulin since 2003.  Mrs Vardouniotis has had moderate osteoarthritis, gall bladder surgery in the past, and an elevated cholesterol.  At times in the past she has had an abnormal liver function test but this has been related to her elevated lipids in her blood stream.  Any prognosis of her conditions   It is not within my power to prognosticate other than she has got general medical conditions all of which ultimately, especially the diabetes, hypertension and cardiovascular risk factors, affect one's medical condition in the long term."  Dr Dyson-Berry has treated you since 2000.  He also states this.   "Georgina has always been a very pleasant lady.  She has had significant domestic problems in the past, particularly caused by the early and untimely death of her first husband,  from a melanoma I believe.  She has always been very straightforward to deal with, and a pleasure to treat." 

40(5) You have high prospects for rehabilitation.  I see it as unlikely that you will offend again.   You have good family support.  As earlier stated by Mr Purchase, you have not told your children about this.  In some circumstances, that may reflect adversely.  It also reflects relevant, I find, to your case, the level of shame felt about what you have done. 

41It is a combination of factors that persuades  me to the sentence I impose.  I do so still recognising the seriousness of the offending and the importance of general deterrence. 

42Mr Challen properly directed me to the 2001 Court of Appeal case of R v Milne [2001] VSCA 93.  He provided me with a copy of that and other cases.

43I recognise that  the comparison of cases,  particularly individual cases,  has limitations and that I was directed to this case primarily because of general propositions stated about the seriousness of this type of offending, and the importance of general deterrence.    However, I do note what I see to be important differences between your case and Milne, particularly in my view, related to the circumstances  of offending, its criminality and  moral culpability.  For example, in Milne  the Court of Appeal points to the motivation of greed, aspects of financial betterment and a high level of activity  and manipulative and deceptive behaviour.   The President of the Court of Appeal at one points states this, and I quote,   "In short, it is difficult to imagine a more deliberate case of cheating the revenue. " 

44Whilst not understating the seriousness of what you have done, I do not see this as such a case.    It would be clearly implicit in my reasons that I have reference to s.17(A) of the Commonwealth Crimes Act and to which Mr Challen also referred me. 

45Section 17(A) reads, in relevant part,   "A court shall not pass a sentence of imprisonment on any person for a Federal offence … unless the court having considered all other available sentences is satisfied that no other sentence is appropriate in all the circumstances of the case. " 

46I take that principle, also reflected in State law and legislation,  to apply also to the consideration of whether there should be imprisonment immediately served.

47Finally, I would add that I find yours to be a case in which reflection upon the relevant matters, particularly those personal to you, legitimately raises sympathy for your situation.  There is room for application of some mercy in my consideration of the appropriate sentence. 

48I now reach the point at which I would propose to formally sentence the accused.  Do you have any update Mr Challen?

49MR CHALLEN:  No, my instructor's - - -

50HIS HONOUR:  It's difficult for you to achieve that given you have had to listen to me.

51MR CHALLEN:  My instructor's has gone away to do some research of their own, Your Honour.

52HIS HONOUR:  Yes.  I will stand down for a short time.  We will keep the video link open and I will resume, for a short time at least, my research and inquiries and see if a quick answer can be arrived at.  

53MR CHALLEN:  As Your Honour pleases.

54HIS HONOUR:  So I will stand down.

55##A:S#     (Short adjournment.)

56(Upon resuming.)

57HIS HONOUR:  Can you give one of those to Mr Challen.

58MR CHALLEN:  Your Honour, my instructor hasn't returned.  I thought it better that I wait for Your Honour in case you came back to the Bench. 

59HIS HONOUR:  Yes, thank you.  I will wait for him to come back.  It is simple courtesy and he may add to what I have got there and I think I should send a copy of what you are reading now to Mr Telefson and then I will speak to you about it, but we will open up the video link I think.  Mr Telefson can you see and hear me?

60MR TELEFSON:  Yes, I can, Your Honour.

61HIS HONOUR:  Have you got any - at the moment - have you got anything further to say about the availability of a suspended sentence on Charge 1?

62MR TELEFSON:  My understanding is that it is a narrow squeak but my understanding is that the last of the offending was - is the 14th of August - and as I recall, suspended sentences went out on the 1st of September so two or three weeks later.

63HIS HONOUR:  Our collective recollection might not be good enough.  I am going to send to you now what I have just given to Mr Challen which is the research, the County Court research peoples' position on it and then speak to you about it.  So is that happening now?  You might have to go and get it, Mr Telefson. 

64MR TELEFSON:  I will do that, Your Honour.

65HIS HONOUR:  It will be arriving, I presume at Registry so I will excuse you to do that. 

66MR TELEFSON:  Thank you sir.

67HIS HONOUR:  That's - I can understand everything that is being put and that clearly seems to be the case, as of the first amendment before it changed the law about suspended sentences. 

68MR CHALLEN:  Yes, Your Honour.

69HIS HONOUR: I am just worried about this. The present Sentencing Act has nothing in it at all about suspended sentences and there were further amendments in 2014 and 2015. Now I am just wondering whether or not they say something different.

70MR CHALLEN:  That is my concern, and again, Your Honour, I am at a disadvantage.

71HIS HONOUR:  Yes, of course.  So we will await Mr Telefson to come back and I will raise that with him.  It may be that I need to stand it down for an hour and it would be - I suspect that it is all right, but I just would not want to - - -

72MR CHALLEN:  In the absence, without seeking to be difficult in answer to Mr Telefson Your Honour, if the conclusion is reached that Your Honour cannot impose a suspended sentence and I, based on what I have read, I do not say that that is wrong at this point. 

73HIS HONOUR:  Yes.

74MR CHALLEN:  Then we have to address the issue as to what we do about a Community Corrections Order.

75HIS HONOUR:  That we do, and she would have to be assessed.

76MR CHALLEN:  Yes.

77MR TELEFSON:  Your Honour, I regret, I cannot assist you any further.  The Registry has nothing for me, either by email or fax. 

78HIS HONOUR:  The machine at our end confirms that it has been sent, but   that means absolutely nothing these days.  We have had some discussion in your absence, along these lines, that the advice that we are receiving is that as per the first Amending Act which was in 2013, any offence committed prior to the 1 September 2013 has available to it a sentencing option of a suspended sentence and it refers to a s.149(C) of the Amending Act and also the amended version of s.27(2) of the Sentencing Act.

79However, when you go to the Sentencing Act in its present form, it has no sections relevant to suspended sentences, and therefore no s.27(2) and I know there have been two further goes at it by the Victorian Parliament over the period of say 2014, 2015 just as a rough estimate, so I am still a little concerned. What I am going to do is stand this matter down until 12 o'clock, no I will stand it down until quarter to one. Does that inconvenience you Mr Challen?

80MR CHALLEN:  No, Your Honour.

81HIS HONOUR:  Does that inconvenience you Mr Telefson?

82MR TELEFSON:  Not at all sir.

83HIS HONOUR:  All right, and then at quarter to one we will resume and further inquiries can be made by you Mr Telefson, by the Crown and by me as to what the state of the law is.  The old - if a suspended sentence which is my primary - what I think is the appropriate sentence - is not available, I will have to consider something along the lines of a Community Corrections Order, so you can consider that remark in the meantime;  but I will leave it with you, with Mr Challen and his instructor, and when I get a chance, myself and see whether we can resolve this matter by a quarter to one.  So I will turn off the video link now, and excuse you, Mr Challen.  Do you want to say anything about any of that?

84MR CHALLEN:  No, Your Honour.

85HIS HONOUR:  All right.  I am obliged for your assistance and your instructor's assistance so far.  All right so we will turn you off Mr Telefson. 

86MR TELEFSON:  If Your Honour pleases.

87HIS HONOUR:  Your client will have to remain at the Mildura Court until formal sentence.  All right.  Thank you now.

(short adjournment)

88HIS HONOUR:  Can you see and hear us Mr Telefson?

89MR TELEFSON:  We can, Your Honour.

90HIS HONOUR:  Yes.  Mr Challen.

91MR CHALLEN:  Your Honour, in relation to the question as to whether or not Your Honour can impose a suspended sentence for Charge 1.

92HIS HONOUR:  Yes.

93MR CHALLEN:  The short answer is, the Crown submits, yes you can.

94HIS HONOUR:  Yes.

95MR CHALLEN: The provision that permits Your Honour to do that comes from the sentencing Amendment (Abolition of Suspended Sentences and other Matters Act [2013] and that is s.149(C)(3). 

96HIS HONOUR:  Yes.

97MR CHALLEN:  The issue that Your Honour raised is quite correct in the sense that the Part 8 of the explanatory memoranda to the Bill that created that Act states in Clause 66 that it provides for the automatic repeal of the Amending Act on 1 September 2015 and in that lies where Your Honour comes from in terms of its being repeated.

98HIS HONOUR:  I see.

99MR CHALLEN:  However the Clause goes on to say, and I quote:  "The repeal of this Act does not affect, in any way, the continuing operation of the amendments made by this Act." 

100HIS HONOUR:  The 2013 Act?

101MR CHALLEN:  Yes.

102HIS HONOUR:  So 149(C) carries the day.

103MR CHALLEN:  Yes. 

104HIS HONOUR:  All right, thank you.

105MR CHALLEN:  If I could hand that up, Your Honour, so that it's clear.

106HIS HONOUR:  Thank you.  Mr Telefson, do you want to say anything against that.  I presume not.

107MR TELEFSON:  No, I don't, Your Honour.  I'm satisfied that because of the date of the offending between 1999 and 2003 and what's been pointed out to me particularly by the memorandum to you by Ms Jessica Taft, I'm also satisfied that you can do what you propose to do.

108HIS HONOUR:  I am satisfied I can now.  All right, so before I proceed to formal sentence, the - I think I indicated before I was going to impose 12 months on Charge 2, but order a release forthwith on recognisance.  I was thinking of making it a three years recognisance in the sum of $1000 and I - who does the paper work?

109MR CHALLEN:  I have provided your Associate with a form of order.

110HIS HONOUR:  All right, thank you. 

111MR CHALLEN:  I have got it, if you would like me to fill it out with those details.

112HIS HONOUR:  I think she would like you to.

113MR CHALLEN:  I'd be happy to.

114HIS HONOUR:  Might be the best.  We have had much discussion about the differences between State and Commonwealth, but you might be gratified to hear that we have got to do it all for the State people.  That is right, isn't it Fran?

115Can I proceed to formally sentence now whilst you do that?  Yes.

116Stand up please Mrs Vardouniotis. 

117You heard my reasons for why I am sentencing in the way I am about to, and I will not repeat them.  I sentence you as follows:

118On Charge 1 you are sentenced to four months imprisonment , wholly suspended for a period of 12 months. 

119On Charge 2, the Commonwealth matter of theft, you are sentenced to 12 months imprisonment.  However I order your release forthwith on a recognisance in the sum of $1000  for three years and to be of good behaviour over that period of time. 

120Had you not pleaded guilty to this matter, I would have imposed an effective overall sentence of 12 months and you would have served six months before release on recognisance. 

121I would have structured it this way,  if necessary to say so, that I would have imposed a suspended sentence on the first and then a longer sentence with a period of six months to be served before release on the second charge.  I suspect it is not necessary for me to be that particular. 

122All right.  Take a seat now.  Of course, Mrs Vardouniotis has to sign it, does she not?

123MR CHALLEN:  Yes.

124HIS HONOUR:  So are we ready to fax it up.  If I can just have a quick look at it. 

125MR CHALLEN:  Your Honour, there's just one issue that I need to raise to make sure that we all understand each other in terms of the order that you've made.  You have ordered four months on Charge 1, and 12 months on Charge 2. 

126HIS HONOUR:  Yes.

127MR CHALLEN:  Is it your intention that they be - - -

128HIS HONOUR:  Concurrent.

129MR CHALLEN: - - - concurrent.

130HIS HONOUR:  For the reasons we discussed before.

131MR CHALLEN:  Yes, understand that.  Just so that it's clear, it's my understanding that the provision requires that Your Honour state that both sentences commence today.

132HIS HONOUR:  Both sentences are commencing today.

133MR CHALLEN:  As Your Honour please.  I would ask that Your Honour consider making those reparation and compensation orders.

134HIS HONOUR:  Yes, I am going to do that.  If I could just see the recognisance order.  All right.  It is always difficult Mr Challen when you are doing things over a long distance like that.  You will notice that the second pge of the recognisance requires that it be signed in the presence of Judge's associate, Registrar and clerk of the County Court of Victoria.

135MR CHALLEN:  Yes.

136HIS HONOUR:  Is it sufficient that it be the Registrar of the County Court up there?

137MR CHALLEN:  Yes, more than happy for that.  Yes, that's why it's provided that way, Your Honour.

138HIS HONOUR:  Yes, all right, so we'll do that. 

139MR CHALLEN:  The only other thing that my instructor has reminded me is that Your Honour needs to remind or explain to Mrs Vardouniotis the consequences of a breach.

140HIS HONOUR:  I will do that after she has signed it.

141MR CHALLEN: Yes.

142HIS HONOUR:  We will get it up there and we will - let's send it up now.   If we can do that as quickly as possible so that - and it should be taken to the court.  Ms Pasut can take it into the court and we will observe Ms Vardouniotis sign it. 

143In the meantime, just give me the detail of the reparation order.  Do you wish it changed to the updated amount - no it would be a reduction wouldn't there?

144MR CHALLEN:  Yes, it would.  It reduces the - as we indicated on the last occasion, Your Honour, I have separated the order out between the two charges.

145HIS HONOUR:  Yes.

146MR CHALLEN:  The only change that is to be made is there has been an additional payment of $135.90.

147HIS HONOUR:  We take that off.

148MR CHALLEN:  Between the two - - -

149HIS HONOUR:  Have you done that or do we have to do that.

150MR CHALLEN:  Yes.

151HIS HONOUR:  So what's the first sum on Charge 1.

152MR CHALLEN:  The outstanding sum on Charge 1, taking into account the new repayment is $33,986.26 and for the purposes of the opening in para.22, the figure that I gave you on the last occasion should be changed to read $4856.61.

153HIS HONOUR:  That's being what she has paid?

154MR CHALLEN:  Yes.  I'm not asking Your Honour to interfere with the total amount of reparation for Charge 2.

155HIS HONOUR:  No, this is coming off Charge 1.

156MR CHALLEN:  That's right.

157HIS HONOUR:  What's Charge 2?

158MR CHALLEN:  Charge 2 is the full amount, $185,536.13.

159HIS HONOUR:  All right, so I make orders for reparation on each charge respectively.  On Charge 1, the reparation order being for $33,986.26.  On Charge 2, $185,536.13.  I just need to state it, and it will go into the orders of the court.

160MR CHALLEN:  As Your Honour pleases.

161HIS HONOUR:  Would you step forward please, Mrs Vardouniotis?  Stand up please.  On the second charge, I am sentencing you to 12 months but ordering your release forthwith, that is, today; upon you entering a recognisance and that is the document we have got there, of $1000 to comply with the following conditions:  That you be of good behaviour for the duration of three years. 

162Now that $1000 is not payable unless you breach the recognisance, if you are not of good behaviour over that period of time.  If you do breach the recognisance, if you are not of good behaviour, you may be brought back before court and dealt with again for this matter.  I do not think I need to say anything more than that, do I?

163MR CHALLEN:  No Your Honour.

164HIS HONOUR:  All right, now do you understand that?

165OFFENDER:  Yes, I do. 

166HIS HONOUR:  And you agree to it?

167OFFENDER:  Yes, thank you.

168HIS HONOUR:  Would you sign it please in front of the Registrar?  When that's sent back to me I will sign it.  Might I sign it later today and send it on to you rather than wait for it to return?

169MR CHALLEN:  We're content with that, Your Honour.

170HIS HONOUR:  Yes.  Sometimes these things take some time.  I'll do that and we'll send that to your instructor.  All right, so I am now going to turn you off and you will be free to go.  What you might want to do is wait to receive or come back this afternoon and receive a copy of that document from the Registry there.  What maybe Ms Pasut can do is copy the document that I haven't signed yet and give that to Mrs Vardouniotis, I'm sorry, and then we will forward the signed copy up to the court and it can be sent on to her in that way.  Is that satisfactory to everyone.

171MR TELEFSON:  If Your Honour pleases.

172HIS HONOUR:  Yes, thank you.  So we'll turn it off now.  Thank you for your assistance, Mr Telefson.  Thank you for your assistance, Mr Challen. 

173MR CHALLEN:  May it please Your Honour.

174HIS HONOUR:  I am very grateful to you.  All right.

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