Director of Public Prosecutions v Vicary
[2022] VCC 802
•31 May 2022
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No.CR-21-01460
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ROBERT VICARY |
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JUDGE: | HER HONOUR JUDGE ELLIS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 2 February 2022 and 16 February 2022 | |
DATE OF SENTENCE: | 31 May 2022 | |
CASE MAY BE CITED AS: | DPP v Vicary | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 802 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Two charges of aggravated burglary- two charges of damaging property- one related summary charge of contravening PSIO- plea of guilty-no prior criminal history- application of Verdins-
Legislation Cited: Crimes Act 1958 (Vic), Personal Safety Intervention Orders Act 2010 (Vic), Sentencing Act 1991 (Vic);
Cases Cited:R v Verdins[2007] VSCA 102; (2007) 16 VR 269; Worboyes v The Queen [2021] VSCA 169; Harvey v The Queen [2021] VSCA 84;
Sentence: Community Corrections Order for a period of 2 years. Fine of $1500.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms. M Zammit | Office of Public Prosecutions |
| For the Accused | Mr. G. Boas | Marco Man Lawyers |
HER HONOUR:
1Robert Vicary, you have pleaded guilty to:
·two charges of aggravated burglary contrary to s 77 of the Crimes Act 1958, which carries a maximum penalty of 25 years imprisonment;
·two charges of damaging property contrary to s 197 of the Crimes Act 1958, which carries a maximum penalty of 10 years imprisonment; and
·one related summary charge of contravening a personal safety intervention order, contrary to s 100 of the Personal Safety Intervention Orders Act2010, which carries a maximum penalty of two years imprisonment or
240 penalty units.
Circumstances of offending
2The circumstances of your offending are set out in a detailed Summary of Prosecution Opening, marked Exhibit A on the plea. The offending in this case took place on and around 22 February and 26 February 2021.
3The victim with respect to all of the offences is Ms Kamkwan (Kandy) French. You and Ms French were known socially to each other prior to your offending.
Ms French was a friend of someone you had previously dated, Melissa. It appears that you had paid for Ms French and Melissa to have a holiday with you in Tasmania in December 2020. You understood the women would repay you for the holiday. Upon your return, you lost touch with Melissa and, as you had
Ms French's address, she was your means of contact.4At approximately 5.00 pm on 22 February 2021, Ms French was at her home in Cranbourne when she witnessed you open the side door of her garage. The garage is connected to the main residence of Ms French's house. You walked inside the garage before walking out shortly thereafter.
5Ms French walked to her front door to ensure it was locked when she heard a loud knock and then a woman calling her name. Ms French looked through a gap in the blinds to find a woman standing outside the front door. Ms French opened the door and spoke to the woman through a locked security door. The woman identified as a friend of yours. It was subsequently revealed that the woman was your current partner, Juliana Roberts. Ms Roberts told Ms French that you were owed money.
6Ms French denied that she owed you money and stated she was going to call the police. Ms French then heard your voice yelling from the outside of the house, saying, 'Don't lie, Kandy.' Ms French told Ms Roberts to leave, threatening to call the police, and locked the front door. Ms French saw your white van parked outside her driveway before seeing it drive off.
7Approximately 10 minutes later, you returned to Ms French's house. Ms Roberts knocked on the front door again and asked that Ms French let her inside the house so that they could talk. Ms French let Ms Roberts into her house and locked the front door.
8While Ms Roberts was talking with Ms French, you entered the garage. You picked up an electric jigsaw and slashed each of the tyres on Ms French's car, a
1997 Hyundai Coupe (Charge 1, aggravated burglary and Charge 2, criminal damage).9Ms French's friend Pornsiri Jindaduang heard noise coming from the garage and witnessed you carrying a chainsaw. You asked Ms Jindaduang where Ms French was and quickly walked back to your van. Inside, Ms Roberts received a call on her mobile phone and told Ms French that she had to leave. As Ms French opened the front door, she saw you running from the direction of the garage towards your van. You then left the property.
10Ms French went to check the garage and noticed that the electric saw was on a shelf and connected to the power point. Ms French checked the exterior body of the car and could not see any damage at the time. The next day, she went to use her car and noticed that her four tyres had been cut.
11Ms French contacted police and attended the Cranbourne police station on
23 February. As a result of the events that occurred, the police obtained an
Interim Personal Safety Intervention Order on her behalf. This order prevented you from engaging in various conduct towards Ms French, including from contacting or communicating with Ms French by any means, approaching within five metres of Ms French and going to or remaining within 200 metres of her address.12At approximately 9.45 pm on 26 February 2021, you were served with the
Personal Safety Intervention Order at Avondale Heights police station. You then travelled from Avondale Heights to Ms French's home in Cranbourne. Approximately an hour after being served with the order, Ms French heard you outside her home saying, 'Come on Kandy,' before she heard a large noise.
Ms French saw that her front window had been smashed with a large object landing on the floor inside her house (part of Charge 4, criminal damage). After smashing the window, Ms French heard you yell, 'Pay me or I'll keep coming back.' Ms French called Triple 0 and police attended her house shortly thereafter.13When police attended, Ms French requested that they check the garage. The police walked into the garage and saw the car tyres on Ms French's car had been punctured (Charge 3, aggravated burglary and Charge 4, criminal damage).
14Your attendance at Ms French's house, entering her garage, cutting her tyres and throwing a garden gnome through the front window was in breach of the
Personal Safety Intervention Order served on you earlier that night and that constitutes the summary charge of contravention of an
Interim Personal Safety Intervention Order.15Police attended your address in Avondale Heights on 27 February 2021. You were arrested and transferred to Fawkner Police Station. A record of interview was conducted. During the interview, you made full admissions with respect to the offending. You told police that the reason for your offending was the fact that Ms French had promised to repay you money from a trip taken to Tasmania between 17 and 25 December 2020. You told police that Ms French owed you $1500 and so did her friend. You also admitted that you used a hand saw to cut Ms French's tyres on the second occasion.
Victim Impact
16A Victim Impact Statement was prepared by Ms French on 21 December 2021 and tendered on the plea. This offending has had a significant impact on her. She describes that the offending still occupies her mind and has caused her to fear for her safety. Ms French often has difficulty sleeping at night, feeling the need to stay alert, in fear that you may return to her home. Ms French notes that she has also experienced a financial impact from the offending. While some compensation has been obtained, there still is an outstanding amount. This has no doubt exacerbated the overall impact of the offending. I have taken the
Victim Impact Statement into account.Procedural History
17You were charged on the day of your arrest, namely, 27 February 2021. You entered a plea of guilty to these charges at the second committal mention on
6 July 2021. A plea hearing was initially heard in this court on 2 February 2022. I accept that your plea was entered at the earliest opportunity. You have not spent any time in custody for this or any other offending.
No Prior Criminal History
18You come before the court with no prior criminal history.
Personal Circumstances
19Your counsel Mr Boas has prepared comprehensive written sentencing submissions on your behalf which were supplemented in the course of the plea hearing.
20You are now 67 years of age. You were born in December 1954 and at the age of five years were adopted by your mother's aunt. You visited your birth mother yearly but she resided in Sydney. Your parents, who have since passed away, raised you and your brother (now deceased) and sister in a stable, happy environment.
21From a young age you exhibited behavioural difficulties, being expelled from your primary school and then again from high school as early as Year 7. You attended at Maribyrnong High School until the age of 14 years when it was suggested that you leave school and find employment.
22You have had a successful working life. You commenced working in an abattoir when you left school, before working as a spray painter for five years and then in telephone sales. Significantly, you were a sub-contracting courier driver for
35 years and retired a year or two before this offending. You are now in receipt of the Age Pension. It is to your credit that you have had such a consistently good work history. You report having been financially successful but claim that you have since lost a considerable amount of money through both your divorce settlement and as a result of spending money on women you have met since your relationship with your wife ended.23You have two daughters, Lauren and Hannah, who are now 41 and 35 years, from a previous marriage with Lyndal. You left your marriage with Lyndal to be with Emeline, to whom you were married for 35 years. That relationship came to an end around seven years ago, after which you struggled with the breakdown of the marriage. There has been some tension with your children and they are reportedly unhappy with you as a result of your conduct which is the subject of the offending.
24With the assistance of your general practitioner, you were placed on anti-psychotic medication to treat your depression. Whilst you have had some benefit from the medication, it appears that your mental health may not have been particularly well managed. You are currently prescribed medication for your anxiety. You were also prescribed anti-psychotic medication. You reportedly do not take drugs and have not consumed alcohol for three years.
25Following the breakdown of your relationship, you sought to meet women on an Asian dating website. You claim to have been the victim of some internet scams based in China and have spent money on the women you have met online. It was through this website that you met the victim's friend Melissa, to whom you agreed to lend money in order for Melissa and Ms French to travel to Tasmania. You have since lost contact with Melissa. There have been concerns expressed by your daughter Lauren as to some of your decision making recently and psychologist Carla Lechner opines that you appear to have been quite impulsive in respect of your financial decisions.
26You reported to Corrections during an assessment for a
Community Corrections Order, that you are currently living with your partner Julietta in Point Cook and have the described the relationship as an average one. There is an intervention order in place with respect to your current partner, which expires this year.Mental health
27Tendered on your behalf was a psychological assessment conducted by Ms Carla Lechner dated 16 December 2021. Ms Lechner considers that you present as a socially awkward man with long standing impulse control difficulties. Ms Lechner considers that you present with symptoms of major depressive disorder and some features of autism spectrum disorder without fulfilling all the criteria for that diagnosis, such as rigidity of thinking and poor social communication skills. You impressed as quite concrete in your thinking style. Testing using the
Kessler Psychological Distress Scale and Beck Depression Inventory, suggests you are severely psychologically distressed and your depression is in the extreme range.28Ms Lechner noted that you presented with a slight tremor and recommended you undergo a neuropsychological assessment in order to eliminate organic matters, given your reported memory problems. Pausing there, I note that you told Corrections you have Parkinson's disease but no medical material has been produced to substantiate this. It was considered possible that your mental health is adversely affecting your cognitive skills. Your daughter Lauren told Ms Lechner that she has been concerned about you for the last 18 months to two years. She has described your behaviour as out of character - indeed, it seems your recent financial decision making has been inconsistent with your business acumen - and that, she says, 'Something is wrong with his [your] brain.' Your daughter finds it hard to talk to you on account of your very changed demeanour.
29Given that concerns had been raised regarding your cognitive state, a psychiatric court report was obtained through Forensicare. That report dated 23 May 2022 was prepared by consultant psychiatrist Dr David Trainor. Dr Trainor performed brief cognitive testing and considered that you were oriented to time, place and person. No direct concerns were raised, though Dr Trainor suggested that further investigation as to neurological or neurodegenerative disorder might be considered.
30Your counsel has submitted that this may warrant further exploration, if you were to be sentenced to an immediate term of imprisonment. As I have indicated to your counsel a few moments ago, I am not proposing to sentence you to an immediate term of imprisonment. On that basis, I understand that your counsel does not agitate that this be explored prior to sentence.
31In Dr Trainer's view, you were not under the influence of any major mental illness at the time of the offending but that it is possible that increased impulsivity and disinhibition, together with rigid thinking and impaired ability to make sound judgments, influenced your offending. Whether this enlivens limbs 1-4 of R v Verdins,[1] is not entirely clear. The prosecution submits that it is not sufficient to enliven those limbs of Verdins and, at this point, I must say I am inclined to agree.
[1] [2007] VSCA 102; (2007) 16 VR 269 (“Verdins”)
32Your offending is said to have occurred in the context of your maladaptive behaviour. You purportedly felt exploited by Melissa, who was a friend of
Ms French, whom you met on a dating site, dated for a period and for whom you paid to take a trip to Tasmania with Ms French. You sought to be repaid by this woman and Ms French. Mr Boas submits that your offending here is reflective of poor impulse control, a rigid thought processes and improper anger management.Application of Verdins
33Whilst I have not found that Verdins limbs 1-4 are enlivened, I take these matters into account in terms of your impulse control insofar as they shed light on your offending.
34Your counsel has submitted that principles established in R vVerdins do have application here. Specifically, it was initially submitted that considerations of Verdins are enlivened with respect to limbs 5 and 6.
35Mr Boas relies on Ms Lechner's opinion that you are, 'Very likely to find a custodial environment very difficult to manage,' in light of your mental health concerns and also given your physical condition, as a consequence of you undergoing a kidney operation in 2020. Ms Lechner anticipates a further decline in your mood state in the event of immediate imprisonment.
36Dr Trainor also considers that a term of imprisonment would weigh heavily on you, given you have an anxious temperament and become distressed when routine is broken.
37The prosecution agree that principles 5 and 6 of Verdins have application here. I consider that Verdins is enlivened with respect to limbs 5 and 6; namely, that your time in custody may weigh more heavily on you than a person in normal health and that there is a serious risk imprisonment will have a significantly adverse impact on your mental health.
Plea of guilty
38Following your arrest, you made full admissions to police in your record of interview and acknowledged your wrongdoing. I take into account your plea of guilty which was entered at the earliest opportunity and consider that it is of significant utilitarian value. You have spared the community the significant expense of a trial and, importantly, you have spared Ms French and witnesses from having to give evidence. Your plea demonstrates a willingness to facilitate the course of justice. It is also some evidence of remorse.
39Your plea of guilty has an additional utilitarian value, given that it was entered during the COVID-19 pandemic in which the court has faced a substantial backlog of trials, resulting from the suspension of jury trials. Accordingly, as the
Court of Appeal articulated in Worboyes v The Queen,[2] your guilty plea is worthy of greater weight in mitigation than a similar plea entered at a time when the community and courts are not afflicted by the pandemic's effects. As a consequence, your plea of guilty should result in a perceptible amelioration of sentence. You are entitled to a substantial discount in sentence, both for your plea of guilty itself and taking into account that this plea of guilty has occurred during the pandemic.[2] [2021] VSCA 169.
Remorse
40You prepared a very short letter to your victim in which you apologised for your behaviour noting, 'I was very angry and took the matter too far. I am sorry and will be happy to pay you for the damage I caused.' Although very brief, your counsel submits your apology is of significance, as this is indicative of the way in which you express yourself, given your concrete way of thinking.
41Ms Zammit on behalf of the prosecution, accepts this letter provides some evidence of remorse, though noted it appeared to emphasise the financial damage caused, rather than the significant effect this had on Ms French. Similarly, she points out that the character references tendered on your behalf make no reference to the charges to which you have pleaded guilty or any expression of a recognition of any damage caused to the victim.
42Whilst I agree that the references make no mention of any expressions of remorse by you, this may be a product of the nature of the reference and should not necessarily reflect poorly on you.
43In your consultation with Carla Lechner, you expressed to her some level of remorse, saying this was the stupidest thing you have done and you acknowledged that it was not reasonable behaviour and that you did not think it through. You told Ms Lechner that you realised in retrospect that this would have been frightening for Ms French.
44This is in contrast to the observations by Ms Kuang who conducted an assessment of you for the purposes of determining your suitability for a
Community Corrections Order. You appeared to demonstrate a distinct lack of remorse for your offending or at least a lack of appreciation of the impact your offending had on Ms French. You referred to the way in which you believe you yourself were wronged saying, 'I don't think it has impacted them [the victim and her friend] at all. Don't think it's the first time they've done it.'
45Again, perhaps this is a product of your concrete way of thinking, bearing in mind the observations of Ms Lechner that your apparent lack of empathy for the victim appears linked with your rigid thinking style and inability to take alternative perspectives. It does tend to suggest a lack of insight and, to some degree, provides the filter through which your remorse should be viewed.
46In your consultation with Dr Trainor, you did express remorse, saying you were very regretful about your stupid actions. You recognised that the victim would have felt scared, you wished you could take it all back. This demonstrates some insight into your offending.
Sentencing submissions
47The prosecution submits that having regard to the serious nature of your offending, a sentence involving some period of incarceration is required. In making this submission, Ms Zammit has highlighted the fact that, shortly after you were served with the Personal Safety Intervention Order, you returned to Ms French's home and committed the same offence as you had a few days earlier. The prosecution submits that a sentence that combines a period in custody with a
Community Correction Order is warranted.48Your counsel has submitted that, having regard to the circumstances of this case, your age, lack of prior history, good character, mental health and early plea of guilty, a Community Correction Order is open.
49With each of these submissions allowing for a Community Correction Order to play a role in your ultimate sentence, you have been assessed by Corrections for your suitability for such an order. You have been assessed as suitable for a
Community Correction Order. However, it is concerning that you have somewhat candidly expressed the view that a Community Correction Order is a waste of time. It is unfortunate that you feel that way and raises some concerns as to whether you would be prepared to commit to such an order, although you have indicated that you will. You have indicated that a hip injury may impede any community work that you could perform. I understand that Corrections can, upon receipt of appropriate medical documentation, arrange for any community work to be conducted in a way that does not impact negatively on your health.50Given the assessed level of risk that Corrections deem you pose, an
offence-specific program is recommended. Corrections have also recommended that supervision be included as a part of any Community Correction Order to reduce the likelihood of any recidivism through targeted intervention.
Prospects of rehabilitation
51The fact that you have no prior criminal history and appear to have lead a largely exemplary life for 67 years, during which you have raised a family and worked successfully, bodes well for your prospects of rehabilitation. However, counter to that, is what appears to have been an initial lack of insight as to the significance of your offending. Upon reading the report of Dr Trainor, your expressions of remorse do suggest a greater level of insight than initially demonstrated.
52Ms Kuang from Corrections considers that you pose a medium risk of re-offending. Perhaps this is as a result of the limited insight you had expressed at that time. Whilst I understand why Ms Kuang has formed this view, I am prepared to conclude that with the right supports in place and taking into account your lack of prior history and ability to work successfully, your prospects of rehabilitation are better than good, but you must accept the assistance that will be provided to you by Corrections. Much will depend on your willingness to engage.
Nature and gravity of the offending
53Mr Vicary, the offending here is objectively serious. By its very nature, aggravated burglary is a serious charge and this is reflected in the maximum penalty. You entered Ms French's garage, part of her home, whilst she was present, while your partner was speaking with her and distracted her. Whilst in the garage, you damaged the tyres of her vehicle. That offending that comprises Charge 1 by itself is concerning. However, the fact that you, approximately an hour after being served with a Personal Safety Intervention Order, an order issued by the courts to Ms French prohibiting you from having any form of contact with her, or indeed being within 200 metres of her home, made the deliberate decision to travel over an hour to her home and commit a second aggravated burglary, is extremely troubling.
54Ms French was entitled to feel safe in her own home. Moreover, the granting of a personal safety order should have provided her with the comfort of knowing you were not permitted to be within the vicinity of her. It should have acted as a deterrent to you. Instead, service of the order upon you seems to have been the catalyst for a further intrusion into her home, whereupon you again caused damage to her property and this time threw a garden gnome into her window. I regard Charge 2 as particularly serious offending.
55The offence of aggravated burglary is a serious violation of the sanctity of the home and crimes such as these strike directly at the heart of people's capacity to feel safe in their homes. Here, you entered Ms French's garage for the sole purpose, it seems, of carrying out an act of destruction, motivated by your own sense of grievance in relation to money you believed was owed to you. You are not to be punished on the charge of aggravated burglary for what you did once in the garage, as this is the subject of the criminal damage charges.
56The prosecution submits there was a degree of planning to you offending, particularly with respect to the aggravated burglary. You counsel Mr Boas submits your offending was spontaneous; that although you had a period of an hour as you travelled to Ms French's home after the service of the Personal Safety Intervention order, the two sets of offending should be seen in the context of one event in the sense that, upon being served with the order, you saw red and in the context of your maladaptive behaviour and poor impulse control, you were unable to manage your anger. As your counsel submitted, you unravelled.
57The prosecution submits your offending here involves an element of vigilante or revenge justice and refers to the principles set out in Harvey v The Queen[3], acknowledging the facts of Harvey are undoubtedly more serious. This characterisation of vigilante offending is not accepted on your behalf.
[3] [2021] VSCA 84
58Whilst there was an element of you acting according to a belief that you had been wronged and a very misguided attempt to right that wrong, your offending does not quite amount to vigilantism and I do not view your motivation as an aggravating feature. However, I do accept that in cases where an individual feels justified in behaving poorly on the basis that they are righting a perceived wrong, that there is a need for any sentence to discourage others with a similar misguided notion of justice, from taking matters into their own hands through unlawful means. General deterrence in this respect is important. I view your overall offending as serious and I denounce your conduct.
Relevant sentencing factors
59The basic purposes for which a court may impose a sentence are just punishment, deterrence, both specific and general, rehabilitation, denunciation and protection of the community. I am required, pursuant to the Sentencing Act 1991 to take into account various factors when formulating an appropriate sentence in your case. These include the seriousness of the offences, your culpability for them, the effect of your offending on the victim and your personal circumstances.
60The sentence that I pass must balance the interests of the community in denouncing criminal conduct with the interests of the community in seeking to ensure that, as far as possible, you are rehabilitated.
61I am to have regard to principles of parsimony. Here, your offending occurred on two separate occasions, the second on 26 February 2021 occurred despite you having been expressly prohibited from having any contact with Ms French. However, I am to have regard to the principles of totality when sentencing you and I do so.
General and specific deterrence
62General deterrence is an important sentencing consideration. Other members of the community must understand that serious criminal offending such as aggravated burglary and criminal damage will attract significant punishment. In your case, specific deterrence is of less relevance, given your lack of prior history and otherwise good character. Hopefully, this offending is an aberration.
63Just punishment and denunciation must be given primary consideration in my instinctive synthesis.
Current Sentencing Practices
64Although this is but one of the factors for consideration, I am required and have taken into account current sentencing practices as part of the sentence.
65The prosecution here have referred to two cases which are said to contain similar features to the offending here, however, neither of those cases involved charges of aggravated burglary. Whilst they are of some assistance, I do not give them a great amount of weight, given they each concerned a different charge or charges.
Sentence
66As I have set out, there are a number of matters to take into account when passing sentence. The seriousness of your offending should not be underestimated. Ordinarily, the offending here would warrant a period of incarceration for the reasons I have already set out. Certainly that is what the prosecution have submitted I should sentence you to.
67However, I do give significant weight to your age, lack of prior criminal history and I have taken into account your plea of guilty which, in the current climate, that plea of guilty is valuable. To imprison you in the current environment would no doubt be very difficult for you, particularly at the moment, where prisoners do not enjoy much freedom of movement throughout the prison and there are limited abilities to engage in any courses or rehabilitative treatment. Although you might think a CCO is a waste of time, I am sure you would ultimately agree that it is far preferable to spending time in custody.
68To that end, I am prepared to impose a sentence that will not involve a period of confinement. I am prepared to place you on a fairly lengthy
Community Correction Order with a number of conditions. I am of the view that your needs, including your mental health needs, can be managed effectively in the community through a Community Correction Order. There will be a number of conditions, including supervision, treatment and you will need to perform unpaid community work.69Accordingly, balancing all of the considerations that I have discussed, as I must, I sentence you as follows:
·On Charges 1 and 3, charges of aggravated burglary, and Charges 2 and 4, criminal damage, you are to be placed on a Community Correction Order for a period of two years.
·On the Summary Charge of breaching Personal Safety Intervention Order, you are convicted and fined the sum of $1500.
70There are a number of conditions attached to the Community Correction Order. The core conditions are that:
·you must not commit any other offence punishable by imprisonment during the two year period;
·you must comply with any and all obligations or requirements;
·you must report to and receive visits from Corrections;
·you must report to your local community corrections centre, which I believe is in Werribee, within two clear working days from today;
·you must let a community corrections officer know within two working days of a change of address or job; and
·you must not leave Victoria without first getting permission and you must obey all lawful instructions from Corrections.
71And they are the mandatory core conditions that attach to any
Community Correction Order.72In addition to that, I am attaching a number of other conditions:
·You are to perform 80 hours of unpaid community work.
·You are to be under the supervision of a community corrections officer for a period of two years.
·You must undergo treatment and rehabilitation, including that you undergo any mental health assessment and treatment which may include psychological treatment.
·You are to participate in an anger management course or equivalent as directed by Corrections. I understand that you will be assessed for an offence specific program eligibility through the
Forensic Intervention Service (FIS).·The hours of treatment and rehabilitation can be counted as hours of unpaid community work for the purposes of the unpaid community work condition, up to 80 hours. That is the full amount.
s6AAA
73Pursuant to s6AAA of the Sentencing Act 1991 had you proceeded to trial and been found guilty, I would have sentenced you to an immediate term of imprisonment.
Ancillary orders
74I make the order sought with respect to compensation, which is by consent.
75Finally, Mr Vicary, if you do not comply with the Community Correction Order conditions, if you commit any further offences, then you will likely be breached and the matter will be brought back before me and you would need to be resentenced on these charges and you would possibly need to be resentenced for the breach itself.
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