Director of Public Prosecutions v Walsh and Powney

Case

[2016] VCC 1131

4 August 2016

No judgment structure available for this case.

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-00227
CR 16-00459

DIRECTOR OF PUBLIC PROSECUTIONS
v
SARAH WALSH
MATTHEW POWNEY

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JUDGE: HER HONOUR JUDGE DAVIS
WHERE HELD: Melbourne
DATE OF HEARING: 15 July 2016
DATE OF SENTENCE: 4 August 2016
CASE MAY BE CITED AS: DPP v Walsh & Powney
MEDIUM NEUTRAL CITATION: [2016] VCC 1131

REASONS FOR SENTENCE
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Subject: Criminal law – plea – sentence.
Catchwords: Aggravated burglary - common assault.

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APPEARANCES:

Counsel Solicitors
For the Director of Public Prosecutions Ms F. Pace OPP
For Accused Walsh Mr D. Sala Daniel Taylor Lawyers
For Accused Powney Mr J. McQuillan Theo Magazis & Associates

HER HONOUR:

1       Sarah Walsh and Matthew Powney, you have pleaded guilty to one charge of aggravated burglary[1] and two charges of common assault[2].  In addition, you, Sarah Walsh have pleaded guilty to one charge of threat to kill[3].  You, Sarah Walsh, have also consented to the uplifting of two summary charges: one of committing an indictable offence while on bail[4], and one of contravening a Family Violence Safety Notice[5] and you have pleaded guilty to those charges.  I have set out the relevant maximum penalties in the footnotes of this sentence.

[1]The maximum penalty for aggravated burglary is 25 years imprisonment: s77(2) of the Crimes Act 1958.

[2]The maximum penalty for common assault is 5 years imprisonment pursuant to Common Law and s320 of the Crimes Act 1958.

[3]The maximum penalty for threat to kill is 10 years imprisonment: s20 of the Crimes Act 1958.

[4]The maximum penalty for Commit Indictable Offence Whilst on Bail is 30 penalty units or 3 months imprisonment: s30B of the Bail Act 1977.

[5]The maximum penalty for Contravene Family Violence Safety Notice is 2 years imprisonment or 240 penalty units: s37(2) of the Family Violence Protection Act 2008.

2       Your offending is set out in the summary of prosecution opening which was tendered at the plea hearing, and I sentence you both on the basis of the facts set out in that document.  I summarise those facts briefly as follows.

3       You, Ms Walsh, are 30 years old.  You, Mr Powney, are 25 years old.  You knew each other at the time of the offending.  There were two victims of your offending:  Ms Jessica Malloy, aged 24, and Mr John Kalevitch.  They were residing together in Rosebud, along with Ms Malloy’s 7-year-old son Kai.  You Ms Walsh and Ms Malloy have known each other since high school.  You had been in a de-facto relationship.  You stayed together for a period in 2014 at Ms Malloy’s house.  The relationship broke down about a year before the offending and you had not seen each other for about four to five months.  Ms Malloy believed that you were still friends.

4       In the days before the offending, you Ms Walsh sent text messages to Ms Malloy threatening to kill her and Mr Kalevitch by shooting them and/or burning them alive.  These messages are relied upon by the prosecution merely as the context for your offending and do not need to be set out in full.

5       On 10 November 2015, you Ms Walsh, along with Mr Powney and another person, Justin Turnbull, were travelling to Lakes Entrance.  You, Ms Walsh, told them you were jealous of Mr Kalevitch, had an issue with the two victims and wanted to confront them.  You persuaded them to go to Rosebud.  You, Ms Walsh bought black stockings at a local supermarket and told Mr Powney they were to be used to disguise yourselves.

6       At around 8 pm, you parked close to Ms Malloy’s address, and you, Ms Walsh and you, Mr Powney got out of the car, put the stockings over your heads and faces, and went to the front door.  You, Ms Walsh were armed with a tyre lever, and you, Mr Powney were armed with a chrome steel bar.

7       Upon reaching the front door, you, Ms Walsh started yelling and threatening the victims inside.  You broke the glass panel on the front door, forced it open, and entered the house, followed by you, Mr Powney.  This conduct is the subject of Charge 1, aggravated burglary.

8       Ms Malloy recognised you, Ms Walsh.  She grabbed her son and ran to the back of the house in fear.  You, Ms Walsh confronted Mr Kalevitch in the lounge room.  You tried to strike him a few times with the tyre lever but he blocked you with his arms.  When he saw you Mr Powney, Mr Kalevitch ran into the laundry, closed the door, and felt you trying to open the door.  This conduct is the subject of Charge 2, common assault.

9       The victims ran towards the back fence.  Mr Kalevitch jumped the fence and helped Ms Malloy lift her son over it into a neighbour’s yard.  He carried the boy to the front door of another house and that neighbour called police at 8.27 pm.  Ms Malloy could not get over the fence and you Ms Walsh grabbed her by the hand, threatened to hit her with the iron bar, and told her to get Mr Kalevitch back.  After a short while, you released your grip and Ms Malloy fled.  This conduct is the subject of Charge 3, common assault.

10      The two of you returned to your car where Mr Turnbull was waiting, and you drove off.

11      You Ms Walsh were arrested and interviewed on 11 November 2015.  You made a no comment record of interview.  You were issued with a Family Violence Safety Notice preventing any further contact with Ms Malloy.  You were charged and released on bail by police.

12      You Mr Powney were interviewed on 12 November 2015 and said that it was Ms Walsh’s idea to go to the victim’s home.  She told you she “had a beef with him”, was jealous of him, and wanted to visit him and wanted you to follow her in.  She did not say what was going to happen at the address in Rosebud but did say “I’m gonna smash this cunt”.  When you arrived, you went to the door.  You were both wearing stockings on your face.  Ms Walsh started smashing the door, and went inside, yelling.  You went inside with a thin pole that you picked up the from the front yard, and you followed her inside.

13      Mr Turnbull was arrested and interviewed on 11 November 2015.  He said that you Ms Walsh asked him to drive to Rosebud so you could confront the victims and have an argument with them, but he did not know that there would be forcible entry to the house and assault of the victims.  He denied entering the house and said he waited outside.

14      On 14 November 2015 you, Ms Walsh sent a number of text messages to Ms Malloy, threatening to kill her and Mr Kalevitch.  This conduct is the subject of Charge 4, threat to kill and the related summary offences.  Shortly after this, you were taken from your home to hospital by your stepfather, to be assessed in relation to a suspected drug overdose.

15      On 17 November 2015 you Ms Walsh were interviewed in relation to threats and breaches of Family Violence Safety Notice and bail.  You denied sending the messages to Ms Malloy on 14 November.  You told police you had been messaging her for about a month, and sent nasty messages about two weeks earlier but could not recall sending messages containing threats.  You admitted that the texts were nasty, and said that you were hurting and wanted your victims to hurt too.

16      You, Ms Walsh pleaded guilty to the indictable offences at the committal mention hearing on 18 February 2016.  You have spent 20 days in custody to be declared as pre-sentence detention and I note that during this period in custody, you have completed a number of courses for which the certificates were tendered this morning.

17      You Mr Powney, pleaded guilty to the charges at the committal mention hearing on 16 March 2016.  You have spent 260 days in custody to be declared as pre-sentence detention.

18      The Crown tendered the victim impact statement of John Kalevitch dated 12 May 2016 at the plea hearing.  Mr Kalevitch stated that the offending caused Ms Malloy stress and their relationship broke down.  He sleeps with a knife in bed in case you Ms Walsh or others try to come to his house to try to hurt him.  After the break-up he had to relocate houses and he lost his job.  He now lives with his mother and misses Ms Malloy and her son greatly.

19      The Crown also tendered the sentencing remarks of His Honour Judge Campbell dated 4 April 2008 when he sentenced you, Ms Walsh, and others, in relation to assault and aggravated burglary charges.

20      Finally, the Crown tendered a summary of charges presented at court when you, Mr Powney, were sentenced at the Bairnsdale Magistrates Court on 18 September 2013.

21      I turn to your individual circumstances.  Ms Walsh, you have admitted prior convictions for driving offences, assault, assault police, contravention of community corrections orders and criminal damage.  There is one prior conviction for  aggravated burglary committed in November 2006, for which His Honour Judge Campbell sentenced you to a two-year community based order.  On that occasion, it appears that you were drunk and in the company of three men.  One of your co-offenders left the car and punched and kicked the victim outside.  When he fled indoors, you and your co-offenders followed him inside and you tried to move his children out of the way to enable your co-offender to further assault the victim.

22      You are now 30 years old.  Your personal history is set out in the psychological report of Jeremy Parker, dated 29 June 2016, which was tendered on your behalf by your counsel.  You are an only child who grew up in Lakes Entrance with your mother.  Your parents never lived together.  They drank and used drugs.  You left home at 14 and lived with your aunt and uncle for a while before going home.  You left school in Year 10 and did one year of a chef’s apprenticeship before working as a cook in various hotels.  You started using drugs from the age of 11; first cannabis, then, as an adult, ice, amphetamines and ecstasy.  You were also drinking heavily from the age of 13.  You have attended rehabilitation for drug and alcohol abuse.  

23      You have a history of past diagnosis and treatment for bipolar disorder, post-traumatic stress disorder, adjustment disorder and major depression.  You told Mr Parker that after being charged with the current offences you were in hospital after overdosing on medication.  He felt that you currently present with manic depressive disorder and are experiencing significant anxiety and depression.  He felt that you require long term psychiatric and psychological intervention.

24      Your counsel also tendered two discharge summaries from Latrobe Regional Hospital concerning two admissions on 15 and 17 November 2015.  The first admission was for two days.  You were admitted in the context of suicidal overdose.  You had previously been referred for assessment in October 2015, had seen a psychiatrist on 4 November but had failed to attend a follow-up appointment.  You were discharged with three days’ supply of anti-depressant medication.  The second admission was on 17 November 2015 when you expressed suicidal thoughts.  The discharging doctor diagnosed a depressive crisis due to multiple social issues, but concluded that with medication your risk of self-harm was low.  He noted that you were moderately non-compliant with medication.  He made arrangements for you to be case managed by Bairnsdale Community Health Service and for you to see your doctor at Lakes Entrance Community Health Centre for a mental health plan.  Unfortunately, you did not attend for follow-up.

25      Your counsel made submissions which can be summarised as follows.  You provided him with very limited instructions particularly concerning your motivation for the offending, the role played by your mental health problems, and for your hostility towards Mr Kalevitch.  He submitted that the offending should be seen as a confrontational aggravated burglary arising in the context of the breakdown of your relationship with Ms Malloy and was therefore not as serious as it might have been if you were motivated by financial gain.  You apparently wanted to frighten Ms Malloy.  She recognised you straightaway notwithstanding that you were wearing a stocking over your head.  Your summary offending, although distinct in time, is part of the same scenario - that is, your reaction to the breakdown of your relationship with Ms Malloy.  For this reason, it was submitted there should be some concurrency with the sentence imposed on the indictable offences.

26      In the past, your offending has been linked to alcohol abuse.  Your role in the prior aggravated burglary was a limited one in that you were not the principal offender and did not commit any assault.  You pleaded guilty then at an early stage and were a youthful offender.

27      It was submitted that you are currently 14 weeks pregnant with your first child but you are not in a relationship with the father.  You have serious mental health issues which are not causally linked to the offending.  Unfortunately, you have not engaged at all with health practitioners or services in relation to your mental health issues and have ceased taking medication for your condition.  If imprisoned for a substantial period, it was submitted, you will only be able to keep your child with you until the child is two years of age. I note that you have completed a number of courses whilst on remand and you are to be commended for this.

28      Your plea of guilty prior to committal has meant that no one has been required to give evidence.  In the light of your current circumstances, your counsel was unable to make any submissions about your prospects of rehabilitation.  However, your counsel submitted that sentencing statistics were of limited value and that there should be no mathematical approach to the sentencing discretion.  

29      Mr Powney, I turn to your personal circumstances which were set out in detail in the psychological report of Mr Ian McKinnon dated 9 May 2016 which was tendered on the plea.  You are now 25 years old.  You never met your father, and lived with your mother, step-father and three sisters.  Your mother and step-father abused alcohol and drugs (namely speed and ice).  You were educated to Year 11, then worked as a house painter with your uncle and as a worker on deep sea fishing boats.  You started abusing alcohol and cannabis from your mid-teens.  You consumed other illicit drugs but never intravenously.  From 2010 you worked for two years doing railway track repair and maintenance.  After your relationship with your partner broke down, you moved, then started work as a scaffolder.  You formed a new relationship and have a two-year-old daughter with your current partner.

30      In the months leading up to the offending, you were unemployed, in receipt of a Newstart allowance, and staying with your partner in Bairnsdale but also sleeping at your mother’s house.  Your ice habit was out of control.  On the day of the offending, you had been awake for a week as a result of smoking ice.  You made full admissions to police when interviewed, saying that you had nothing personal against the victims but were persuaded by Ms Walsh to participate in the offending.  You expressed remorse at the time by expressing regret that you had even gone to Rosebud, or allowed Ms Walsh to talk you into the offending.  You expressed remorse to the psychologist who interviewed you, acknowledged the seriousness of your offending and expressed a genuine desire to remain drug free.

31      You were remanded in custody on 12 November 2015 and pleaded guilty at the committal mention hearing on 18 February 2016.  A plea hearing was listed on 16 May this year but it was adjourned upon the application made on behalf of Ms Walsh.  Subject to confirmation by your counsel, you have spent 260 days in custody to be declared as pre-sentence detention.  During your time on remand, you have completed a number of programs including ones on "ice effects" and managing emotions and your counsel tendered certificates in relation to these programs.  He also tendered two clean urine analysis reports.  You have spent the last six months at Metropolitan Remand Centre where you have been employed in the Timber Industries Program.  When not working, you have been subject to a restrictive lock-down regime which gives you only 90 minutes per day of “free time”.

32      According to Mr Mackinnon, upon your release you plan to book yourself into rehabilitation, to move away from Bairnsdale with your partner and daughter, and to return to scaffolding work.  Mr Mackinnon diagnosed you with polysubstance abuse disorder which is in remission.  His opinion was that if you remain drug free you are unlikely to reoffend.

33      Your counsel also tendered a number of personal references which I have considered.  They speak of your kindness, helpfulness, courtesy, reliability, solid work ethic, and close relationship with your sisters and niece.  Finally, your counsel tendered a letter which you addressed to the court in which you express your remorse for your offending - which you attribute to your ice habit - and express your intention to stay drug free in future.  Your motivation in doing so comes from your partner and your daughter.  You indicate that you take pride in your work record and work ethic, have always performed well under supervision, have in the past successfully completed correctional orders, and are highly motivated to attend a drug rehabilitation program upon your release as you have been unable to enter one whilst on remand and you realise that it will take some time for you to overcome your addiction.

34      Your counsel made a number of submissions which may be briefly summarised as follows.  You had not slept for seven days before the offending because you had been smoking ice.  You and Mr Turnbull were driving to Portland to drop someone off and were still smoking ice when you were called by Ms Walsh who was in the city, and asked you to pick her up to take her for a drive.  When you picked her up, she told you that she wanted to settle a score in Rosebud and you foolishly agreed to take her there.

35      Your prior conviction for aggravated burglary occurred when you were just 21 years old and when you were drunk.  In company, you broke into a man’s house while he was in bed, told him you had a knife when you did not, then stole his phone and some cannabis.  That offending lies at the lower end of the range of seriousness for the offence of aggravated burglary.  Nearly all your other priors are driving related.  You have in fact never held a drivers licence.

36      Your counsel submitted that your role in the current offending differs markedly from that of Ms Walsh in the following ways:  you were not involved in the making of the threats prior to the commission of the aggravated burglary; you left the premises as soon as Mr Kalevich went out the back door; and there is no evidence that you were aware that there was a seven-year-old child in the house.  You have a solid work history, a supportive family, insight into the role that your ice addiction has played in your offending, demonstrated a willingness and determination to overcome this addiction, and would clearly benefit from ongoing treatment and supervision.  If not for the relevant prior conviction for aggravated burglary, your counsel would have sought a disposition not involving an immediate term of imprisonment.  Given this relevant prior conviction however, and the time spend in custody on remand to date, your counsel submitted that an appropriate disposition would be a sentence of imprisonment – that is, time served plus a community corrections order.

37      I turn to the submissions made by the Crown.

38      In relation to the offending of each of you, the Crown submitted that this was a serious example of the offence of aggravated burglary in that it was planned, occurred in the evening, occurred in company, you were both carrying weapons, forced entry into the victims’ home and acted aggressively in the presence of a seven-year-old child.  It was submitted that you Ms Walsh, were the instigator and motivator of the aggravated burglary, but that you Mr Powney, also were disguised and armed.  You each had a high moral culpability for your offending and your abuse of drugs was not a mitigatory factor.  As you each have prior convictions for aggravated burglary, it was submitted that specific deterrence was a relevant sentencing consideration along with general deterrence and protection of the public.  I was referred to the Sentencing Snapshots for June 2016, which show that the median term of imprisonment imposed for the offence of aggravated burglary was that of two years and six months.  It was submitted that your offending should attract greater than a term of imprisonment of two years.  For these reasons, it was submitted that a sentence combining a term of imprisonment with a community corrections order would be outside the range of dispositions appropriate for each of you.

39      The seriousness of the offence of aggravated burglary is reflected in the penalty imposed by Parliament and sentencing principles such as denunciation and general as well as specific deterrence which are important considerations.  A sentence of imprisonment reflects both the seriousness of the offence and those purposes in sentencing.  The Court of Appeal has made it clear that home invasions must be discouraged by the courts and that ordinarily an offender should expect a term of imprisonment to be immediately served.

40      I accept the submissions made by each of your counsel on your behalf.  In relation to each of you, the relevant sentencing considerations are those of denunciation, just punishment, general and specific deterrence.  Protection of the community is less of a concern in relation to you, Mr Powney, than it is in relation to you, Ms Walsh.  I consider that while your involvement in aggravated burglary is itself very serious, you, Mr Powney, had a much lesser role in the offending than Ms Walsh.  You were neither the instigator nor the protagonist.  You retreated as soon as the victims fled.  There was no physical contact made by you with the victims.  You made full admissions, showed immediate and ongoing remorse, have insight into the role that your ice addiction has played in your offending, have a solid work history, a supportive family, and an intention to seek further treatment to maintain your drug free status.  I consider that you have good prospects of rehabilitation, although I emphasise that you must obtain a drivers licence so as to avoid future driving-related offending.  You pleaded guilty at the earliest opportunity.  By report dated 4 August 2016, Corrections has assessed you as suitable to undergo a community corrections order and has recommended the conditions of drug and alcohol assessment and treatment, offending behaviour programs and supervision.  In all of the circumstances, I consider that the appropriate sentence is once which combines a term of imprisonment with a two-year community corrections order with conditions concerning supervision, drug and alcohol treatment, and any offender specific programs.

41      You Ms Walsh were the instigator and motivator of the offending.  You committed the offending whilst on bail and in breach of a Family Violence Safety Notice taken out by Ms Malloy.  You made threats against the victims prior to the offending.  You planned the offending, then persuaded Mr Powney to engage in it.  You were both carrying weapons.  You arranged for the disguises, did not retreat when Mr Kalevitch fled; you pursued Ms Malloy when she tried to climb over the fence, you prevented her from doing that, you grabbed her, remonstrated with her.  You later made a threat to kill her and Mr Kalevitch.  You did not concede the offending when interviewed, but pleaded guilty at the earliest opportunity.  Apart from the remorse which inheres in a plea of guilty, you have not shown any other remorse for the impact of your offending on the victims nor any insight into your offending.  Given your very patchy work history, your history of largely untreated mental illness due to non-compliance with medication, and your difficult social circumstances, it is difficult to assess your prospects of rehabilitation.  In your case, I consider that the appropriate sentence is one which involves an immediate term of imprisonment.  In fixing the term of imprisonment I have had regard to your personal circumstances.

42      Would you both please stand.

43      Matthew Powney, I propose to impose an aggregate sentence in respect of your offending.  In relation to Charges 1, 2 and 3 on the indictment, you are convicted and sentenced to 260 days imprisonment and to a two-year community corrections order with conditions including:  supervision, drug and alcohol treatment and offender specific programs.  Given your intention to seek full time work, no community work condition will be imposed.  You have served 260 days of pre-sentence detention subject to that being confirmed - is that correct, by the way?

44      MR McQUILLAN:  It's 246 days, Your Honour.

45      HER HONOUR:  But - - -

46      MR McQUILLAN:  If you remember on the last occasion when we were before Your Honour, you granted him bail.

47      HER HONOUR:  That's right.

48      MR McQUILLAN:  So there's no time accumulated from that day that he is - - -

49      HER HONOUR:  Right, of course.  So I will amend that to 246 days.

50      MR McQUILLAN:  Can I make one further submission, I'm sorry to interrupt you in your sentencing, Your Honour - - -

51      HER HONOUR:  Yes, yes, that's all right.

52      MR McQUILLAN:  It's 246 days to that day but not including that day.

53      HER HONOUR:  That's right.

54      MR McQUILLAN:  So I'm wondering if Your Honour will consider as an abundance of caution making the sentencing - the term 247 days because that would include the day when he appeared before Your Honour on the plea.

55      HER HONOUR:  All right.

56      MR McQUILLAN:  And my only - I say as an abundance of caution because the prison authorities might do their maths slightly different from we do and he'd end up having to go in for a day.

57      HER HONOUR:  Yes, I understand.  I know.  Yes, I understand.

58      MR McQUILLAN:  Thank you, Your Honour.

59      HER HONOUR:  Are you happy with that?

60      MS PACE:  Yes, I agree with that, Your Honour,

61      HER HONOUR:  All right.  So all the references I have made to 260 days will now be placed by reference as to 247 days.

62      MR McQUILLAN:  Thank you, Your Honour.

63      HER HONOUR:  All right.  Given your intention to seek full-time employment, no community work condition will be imposed.  You have served 247 days of pre-sentence detention and I direct that this be entered into the records of the court and deducted administratively as time already served. 

64      In addition to the conditions I have specifically imposed, you must also abide by the terms that apply to all community corrections orders.  These are:  that you must not commit any other offences during the period of the order being in force - that is, two years from today - any offence for which you could be imprisoned, even if a court would not choose to impose imprisonment.  You will have to take that into account very carefully in relation to your driving conduct, Mr Powney.  You must report to and receive visits from a Community Corrections officer.  You must report to the Community Corrections Centre at Bairnsdale within two clear working days, which will be 8 August 2016.

65      Also, you must not leave Victoria without first getting permission from a Community Corrections officer and you must inform the Community Corrections Office of any change of address, where you live or work, within 48 hours of that occurring.  Finally, you must obey all lawful instructions from, and directions of, Community Corrections officers.

66      Before you consent to the making of such an order, you must understand that the contravention of any condition attached to the community corrections order, except for a contravention of a direction by the Secretary, is itself an offence punishable by three months' imprisonment.  Contravention of a community corrections order also carries with it the prospect that you will be brought back before me and resentenced on the original offences.  Do you consent in those circumstances to the imposition of such an order?

67      OFFENDER POWNEY:  Yes.

68 HER HONOUR: I indicate that pursuant to s.6AAA of the Sentencing Act, but for your plea of guilty, I would have imposed a term of imprisonment of 12 months combined with a two-year community corrections order.  Take a seat, Mr Powney.

69      Sarah Walsh, in relation to Charges 1, 2, 3 and 4, I impose an aggregate sentence of three years' imprisonment.  In relation to the summary offences, I sentence you to an aggregate sentence of  two months’ imprisonment.  One month of this sentence is to be served cumulatively upon the sentence imposed on Charges 1 through to 4.  The total effective sentence is that of 3 years and 1 month.  I fix a non-parole period of 2 years.  You have served 20 days of pre-sentence detention, and I direct that this be entered into the records of the court and deducted administratively as time already served.

70 I indicate pursuant to s.6AAA of the Sentencing Act that but for your plea of guilty, I would have sentenced you on Charges 1 through to 4 to a term of imprisonment of 4 years with a non-parole period of 3 years.

71 I will make the disposal order pursuant to s.77 of the Confiscation Act as well as the order that you Ms Walsh undergo a forensic procedure pursuant to s.464ZF(2) of the Crimes Act.  I am required to inform you Ms Walsh that if at the time of the request you do not consent to the taking of a mouth scraping under the supervision of an authorised member of the police force then the sample that will be taken will be a blood sample and police may use reasonable force to enable that forensic procedure to be conducted.

72      I also indicate that I propose to note on the orders made that the fact of your pregnancy, the fact that you have a number of mental health conditions which need to be assessed and treated as required.

73      MR SALA:  As Your Honour pleases.

74      HER HONOUR:  Are there any other notations that need to be made?

75      MR SALA:  No, no, Your Honour, that will be fine.

76      HER HONOUR:  All right.  Are there any other matters?

77      MR McQUILLAN:  No, ma'am, no.  Thank you, Your Honour.

78      HER HONOUR:  All right.  Nothing else, all right.  Are you happy to approach Mr Powney so the CCO can be signed?

79      MR McQUILLAN:  Certainly, Your Honour, yes.

80      HER HONOUR:  Thank you.

81                 (Community corrections order signed and acknowledged.)

82      Thank you, we'll adjourn.

- - -


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