Director of Public Prosecutions v Webber
[2015] VCC 1359
•25 September 2015
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTIONCR 15-01021
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| WALTER RALPH WEBBER |
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| JUDGE: | HIS HONOUR JUDGE CARMODY |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 18 September 2015 |
| DATE OF SENTENCE: | 25 September 2015 |
| CASE MAY BE CITED AS: | DPP v Webber |
| MEDIUM NEUTRAL CITATION: | [2015] VCC 1359 |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr D. Cordy | |
| For the Accused | Ms N. Elliott |
HIS HONOUR:
Walter Ralph Webber, on 18 September 2015 in the Bendigo County Court, you pleaded guilty to the following charges. Charge 1: Armed robbery. The maximum penalty for that offence is 25 years.
2Charge 2: Robbery. The maximum penalty for that is 15 years.
3Charge 3: Threat to kill. The maximum penalty for that charge is ten years' imprisonment.
4Charge 4: Armed robbery. The maximum penalty is 25 years' imprisonment.
5Charge 5: Theft. The maximum penalty is ten years' imprisonment.
6Charge 6: Threat to kill. The maximum penalty is ten years' imprisonment.
7Charge 7: Armed robbery. The maximum penalty is 25 years.
8Charge 8: Armed robbery, and the maximum penalty is 25 years.
9Charge 9: Armed robbery. The maximum penalty is 25 years.
CIRCUMSTANCES OF OFFENDING
10I turn to the circumstances of the offences. The learned prosecutor described your offending as a “reign of terror” over Bendigo. The total of nine charges had eight individual victims. The nine charges arise from seven separate incidents over a period between October 2014 and January 2015, when you were arrested.
11I turn to the summary handed up in this case. Charge 1: Armed robbery. On Saturday 25 October 2014 at approximately 10 am, you entered the Bendigo East post office, on the corner of McIvor Road and Murphy Street. The owner of the post office, Trevor Leslie Featherstone, had been at the back of the shop having a break when he heard the door alarm activate. Featherstone returned to the service counter where you were standing.
12You pushed a red shopping bag towards Featherstone and said, "Fill it". You repeated this when Featherstone looked at you with some confusion. As you spoke, you had your hand in your pocket, and you pushed it out. Featherstone assumed when you were gesturing that you had a gun. You also had pulled your hooded top around your face.
13Featherstone opened the cash drawer, took all the notes out, and put them in the red bag. You said to him, "I want the lot". Featherstone pulled out the drawer completely to show you that there was nothing else. Featherstone later performed a reconciliation, which showed a total of $1,008 had been stolen.
14When you left the shop you said, "Sorry about this, mate". Featherstone then pressed the alarm button and called the police. The police obtained CCTV from the shop which depicts the offending, including you briefly producing an imitation firearm.
15When you were interviewed by police, you made full admissions and stated the following in relation to this particular charge. You said you had walked from your house and initially sat on the fence of a property opposite the post office conducting surveillance and organising escape routes. You then said that you had used a plastic gun and painted the orange tip of it to make it look like a real gun; that when you told the attendant to fill a bag with cash, that you did produce the imitation handgun and said, "Do you want me to shoot you in the head".
16You then said that you changed your clothing after you had left, to change your appearance. After the incident you had hid in the bushes in the front yard of a nearby property. You waited there for approximately 40 minutes before going to a phone booth near the skate park, where you called your drug dealer and arranged to meet so that you could purchase heroin. You purchased a gram of heroin for $340 and paid a drug debt of $460.
17Charges 2 and 3 are together in the one incident. On Sunday 16 November 2014 at approximately 9 pm, you entered the Video Ezy store at the corner of Somerville Street and Townsend Street in Flora Hill. Britney Rose White, aged 17, was working in the store at that time, and it was closing time. She was counting the coins on the counter.
18White heard the automatic doors open. She turned and saw you rushing in and around the sales counter to her right. You were dressed in dark clothing, including a hooded top with the hood pulled over your head and black cloth covering your face, which only had your eyes showing. You demanded that White open the till and put the money into the black and green pack that you were holding open with both hands. She put all the notes from the till in the bag. You then said aggressively, "That's not all the 50s." White moved to the side so that you could see the note compartment was empty.
19You then told White to get on the ground and said if she got up, you would kill her. White was frightened and did what you told her to do, for fear of what you might do to her if she did not comply. White lay on the ground behind the counter and stayed there for about 30 seconds. She heard you run out of the store and was listening for a car, but did not hear one. She then got up, locked the doors, and called the police. The police also obtained CCTV of that incident.
20The total amount stolen on that occasion was $800. When interviewed by the police about this, you again made full admissions and stated the following in relation to this incident. You walked from your house and hid in some bushes, where you had watched the entry to the Video Ezy store.
21After the event, you had run from the video store to Brennan Park Swimming Pool, where you hid for one to one-and-a-half hours before returning home. You had dumped your clothes from the incident into the Salvation Army clothing bins in Edwards Street, Strathdale, and you had used the money to pay for your heroin.
22Charge 4 is a charge of armed robbery. On 23 November at approximate 8.20 am, Judith Anne Hynes was working in the South Bendigo post office in Somerville Street, Flora Hill, when you entered the store. You were wearing a black, hooded jumper, and had a black backpack across your chest like you were hugging it.
23You walked to the far end of the counter in the store. You said that you wanted change. At this point, Hynes closed the security door. Hynes asked you to come down the other end of the counter to the register. You came to where Hynes was and put a black balaclava on. You said, "Give me all your money, cunt". You had a knife in your hands. Hynes states that it looked like a kitchen knife with a silver blade approximately 20 centimetres long.
24You were just on the other side of the counter from Hynes, and she was terrified because she thought you would stab her. Hynes was shaking and tried to open the cash register, but pushed the wrong button and it made a beeping noise. You said, "You've called the cops". Hynes said she had not.
25You then jumped onto the counter and opened the register, taking the notes. You jumped down and went to the other register and said, "Give it to me". Hynes put the other till on the counter and grabbed the notes. She is unsure if you grabbed them off her or she threw them at you.
26You shoved some of the money into your bag and the others fell on the floor. You then ran out of the store. Hynes picked up the phone, but it did not have a dial tone, so she pressed the security button and called 000 on her mobile phone. Approximately $2,500 was stolen on that occasion by you.
27When interviewed by police, you made full admissions and stated the following in relation to this incident. You had walked from your home to the post office. You stopped at the corner of Somerville Street and Hammer Street, where you conducted surveillance of the store. You wore a balaclava because you were unaware if there were any CCTV cameras in the store. You had a knife with you, but could not recall producing it.
28As you left the post office, you had said, "Don't follow me, or I'll - fucking, you know, kill you. Fucking shoot you". You then ran from the post office to the Bendigo Creek and made your way to the phone box opposite Williamson Street 24 Hour Store, where you arranged with your drug dealer to purchase heroin and pay the debt for the heroin you had previously purchased.
29Charges 5 and 6 are together. Charge 5 is a charge of theft; Charge 6 is a threat to kill. On Monday 1 December 2014 at approximately 1.30 pm, you entered the Bendigo East post office again. This is the same location as Charge 1.
30The co-owners of the store, Brent Stills and Trevor Featherstone were in the office having lunch, when Stills heard the electronic buzzer indicating someone had entered the shop. Stills saw you reaching over the counter and pulling out the cash drawer. You were wearing a dark blue, hooded jumper and dark-coloured shorts.
31Stills told you to “fuck off”. You looked up and replied, "I'll fucking kill you". Featherstone heard this exchange. You then went back to taking the notes out of the drawer. Stills thought that you would take the money, but did not know if you had any weapons, so he went back into the office and held the door closed that you could not get to him or Featherstone. Stills then called 000. Approximately $1,082 was stolen from the store on that occasion.
32When you were interviewed by police, you again made full admissions and stated the following in relation to this incident. You had walked from your house to the Bendigo skate park on the corner of McIvor Road and Strickland Road. You met your drug dealer and obtained heroin “on the tic”. You had told your drug dealer that you would have cash later on in the day.
33You told the police you had previously decided you were going to commit an armed robbery, and that you were in possession of a large bread knife with serrated edges, which was shoved down the front of your pants. You told the police that you had run to unoccupied house in Patrick Street and hid at the rear of the property for approximately 40 minutes. You then walked to the Bendigo skate park, where you paid off your drug debt and purchased more heroin. You disposed of the clothing worn during that incident in the Salvation Army clothing bin. As I say, that was the same premises as your armed robbery in Charge 1.
34Charge 7 is also a charge of armed robbery. On Sunday 4 January 2015 at approximate 2.40 pm, Cameron Jewell was working at the Video Ezy store at the corner of Somerville Road and Townsend Street in Flora Hill. Again, this is the same location that you had offended in Charges 2 and 3.
35Mr Jewell was standing at the counter when he heard the door mechanism. He turned around and saw you wearing a dark-coloured baseball cap, dark-coloured sunglasses, a white t-shirt with dark-coloured markings, and blue jean shorts. Jewell asked how your day was, and you just mumbled back.
36You then walked behind the counter to where Jewell was standing. You then lifted up your t-shirt with your left hand, and pointed to your left hip with your right index finger. Jewell saw what looked like a black leather casing and assumed it was a knife. You said, "Open the fucking register". Jewell was, "pretty freaked out" - that is his description, and did not want to upset you, because you were aggressive and had a weapon.
37Jewell did what you said because he was scared he might get hurt. He opened the till by turning a key and then stepped back and went into a submissive position, as he had been taught to do so by his training. You used both hands to grab the notes out of the register.
38At that time, another customer, Graham Densmore, walked into the store. You said to Jewell, "Tell the guy to lie on the floor". Jewell said to Densmore, "Please lie on the floor", but he did not understand what was going on straight away and thought it was a joke. You then brushed past Jewell and said, "Don't fucking mess with me". You went to the exit, but paused at the automatic doors and said to Densmore, "Don't fucking mess with me, or I'll shoot you". You then left the store.
39Jewell called 000 and waited with Densmore for the police to arrive. The police obtained CCTV of this incident. Approximately $375 was stolen.
40When you were interviewed about this incident by the police, you made full admissions and stated the following in relation to this incident. You said you had walked from your house to the Video Ezy store and watched the entry from the corner of Townsend Street and Somerville Street. You had waited until there were no customers in the store before approaching and entering it. You told them that you had been fighting with your partner over your financial position, and that is why you attended the Video Ezy store, to steal cash, but you had spent the money on drugs instead.
41After the incident, you ran to the Bendigo Creek and used a phone booth opposite the Williamson Street 24 Hour Store, where you had arranged to meet your drug dealer. You paid the debt of $375 towards $440 that you had owed, and purchased more heroin, which placed you into further debt. You again disposed of the clothing in a Salvation Army clothing bin. As I say, that offence is the same as the offending in Charges 2 and 3.
42Charge 8 is a charged of armed robbery. On Saturday 17 January 2015 at approximate 9.05 am, you entered the Long Gully post office at Eaglehawk Road. You were wearing a black Jim Beam cap, black sunglasses, a black t-shirt, shorts and light-coloured runners. The manager of the post office, You Jaihong Huang, was serving a customer, Beverly Cole. You walked over to the counter near the packages and crouched down. Huang finished with Cole and she walked out of the store.
43You then stood up and ran over to the counter and removed your cap and sunglasses, and but on a balaclava. You yelled, "Cash, cash, give me the cash". When Huang realised that he was being robbed, he was scared and just wanted to protect himself, so he opened the till and help up the cash drawer. You pointed to the notes, so Huang gave you them. There were about $500 in total.
44You then said, "I know you have more". Huang had replied to you, "That's all I have". You then walked out of the store, taking off your balaclava as you did so. Mr Huang ran out of the store and saw Cole, the lady he had just been serving, and asked her to call the police, and then went back inside the store and waited for them. Cole rang 000. The police arrived and obtained CCTV footage of the incident.
45When interviewed by the police on this occasion, you again made full admissions and stated the following in relation to this incident: the night before the incident, you had spent the night with a friend in a house in Long Gully. On the morning of the incident, you walked to the post office and watched the front doors from a nearby front yard until the post office opened.
46You then entered the store, where there was an elderly customer. You waited at the rear of the store until she had left. You placed a balaclava over your head, and had a knife concealed up the sleeve of your jumper. You approached the counter and demanded cash. You were handed $480, but demanded more. When the attendant stated that he had no more, you just left the store. You did not produce a knife.
47You hid in nearby bushland and waited for some time before returning to your friend's address. You used the money to purchase heroin. The prosecution relied on your admission in relation to the knife, to prove that you were in possession of an offensive weapon at the time of this armed robbery.
48I turn to Charge 9, a charge of armed robbery. On Friday 23 January 2015 at approximate 4.45 pm, you entered the Golden Square post office at 321 High Street, and you were wearing a balaclava. Katherine Gordon and Jodie Pianta were working behind the counter at the time. That morning, they had been visited by police, who advised them what to do after a robbery.
49You rushed over to the counter and placed a blue cloth shopping bag onto the set of scales on the counter, and opened it. You screamed at Gordon, "Hurry up. Give me all your money." Gordon screamed, but then opened the cash drawer, grabbed all the notes, and put them in the bag. You looked at both of the women and repeated, "Hurry up, hurry up". Pianta also opened up her drawer and gave you all the notes from it. You then said, "I know there's more. That's not enough". Pianta told you that was all they had.
50Some of the notes landed on the counter. You took most of them, but threw a couple back at Gordon and Pianta and said, "Here, you can have that". Gordon then went to tip the coins out of the cash drawer, but you said, "I don't want your coins". Pianta was frightened and shocked, but did not think that you would hurt her, because you seemed like you just wanted the money and wanted to get out of the shop.
51You then walked out of the store, putting the bag under the front of your top as you did so. You said, "I'm going to the pub now. If you tell anyone, I'll kill you". Only Pianta heard that statement. As you walked out the door, you pulled the balaclava off. You had been carrying a blue green bucket hat when you entered the store. You had left that on the counter as you left.
52Pianta locked the front doors and called 000. The police spoke with the owner of the post office, John Grenfell, who conducted a reconciliation of the tills. Approximately $4,270 was stolen on that occasion.
53When you were interviewed by the police, you again made full admissions and stated the following in relation to this particular incident. That you had got your partner to drop you off at 327 High Street in Golden Square, where you had recently done a restumping job of a house. You told her that you needed to collect some tools, and that you would meet her later in the day. You stood outside the post office in a phone booth for approximately 15 minutes, waiting for the post office to close. The blue bag you used contained a knife, but it was not produced.
54Afterwards, you returned to 327 High Street, because you were aware the occupants did not live there, and you had a spare key. You hid there to evade police for approximately 40 minutes. You then left the house and walked along High Street toward Kangaroo Flat, before being picked up by your partner. You attended your drug dealer's house, where you paid off your drug debt and purchased more heroin. You then returned home. The Crown again relies upon your admission in relation to the knife, to prove that you were in possession of an offensive weapon at the time of this particular incident.
55The total amount stolen in all of these incidents was approximately $10,535.
56On 24 January 2015, police executed a search warrant at your home at 5 Naranghi Drive in Strathdale. You were home at the time and arrested. The police seized a number of items of clothing which were worn during the commission of some of the offences.
57You were taken to the Bendigo police station and interviewed by the police. You made full and frank admissions to the offending. Despite this, there were clearly some occasions where you were confused about the different incidents, and you tended to put them all together. During the interview, you stated you had $47 cash left in your wallet from the Golden Square incident, which was seized, the Golden Square incident being the last armed robbery.
58You entered a plea of guilty at the second committal on 10 June 2015. It is conceded by the Crown that your plea was entered at the earliest opportunity.
IMPACT ON VICTIMS
59I now turn to the impact on your victims. Of your eight individual victims, five of them have filed victim impact statements. Victim impact statements were Exhibit B on the plea.
60The first one is Trevor Featherstone. Mr Featherstone was a victim of your criminality on two occasions, one in Charge 1, and again in Charges 5 and 6. He describes the first occasion as quick and leaving him threatened. On the second occasion, his business partner was present. They retreated to the rear of the shop for safety. The offences have affected his sleeping habits, and he was edgy at work. He's lost business because of the necessary store closures as a result of your criminality.
61Katherine Gordon. Ms Gordon is the victim in Charge 9. She was frightened and suffered severely interrupted sleep for months. She was anxious and teary for a long time, even after going back to work. She has accessed to the Australia Post Counselling Service to help her deal with her anxiety.
62Jodie Pianta. Ms Pianta was another victim in Charge 9. She states she was very frightened by your offending, and was very concerned about your threat to return to the shop. She states her eating and sleeping habits were affected by your offence, stipulating that anxiety attacks have started for her. She has required counselling for these symptoms. She said she fears you will return.
63Jaihong Huang. Mr Huang is the victim in Charge 8. He states he was frozen with fear, and thought you were going to hurt him. Due to your other offences on post offices, he expected you to return to his business. He says his life has changed, and he went to counselling to help him to deal with it. He's contemplating leaving his post office business.
64Cameron Jewell. Mr Jewell was the victim in Charge 7. He was initially struck by shock, but became anxious at work. He describes being more cautious at work after your offence.
65The other victims of your offending have not made victim impact statements, but were aware of their right to do so.
YOUR PERSONAL CIRCUMSTANCES
66I turn to your personal circumstances. You are 35 years old. You were born in Rockhampton, Queensland, but grew up in Oxley. Both of your parents are alive. Your father is retired; your mother works as a prison officer in Queensland. Your parents separated when you were eight years old. You have an older brother and younger sister, and maintain close relationships with both of them.
67You completed year ten at Redbank Plains High School, and commenced year eleven, but quit school to take up paid employment like your friends had done. You started work in a meatworks, and then did labouring work for approximately five years. You commenced a spray painting traineeship, but lost the job due to your drug taking habits.
68It was at this time you committed your first armed robbery, and were sentenced to four years' imprisonment. You served the minimum of 15 months. Upon release from prison, you worked in a tile factory and on a prawn trawler.
69You relapsed into using heroin and then reoffended. You were sentenced to prison on a breach of your original sentence. You then worked for approximately four years with Hastings Caterpillar in Queensland.
70In 2009, you were sentenced for a serious assault and other charges to two years' imprisonment. You served eight months of that sentence.
71In total, you have served approximately three years' imprisonment in your life to date.
72At age 26, you met Bobbie Jo Marshall. She was five years younger than you. At that time she had a son, Shimmer, who is now 13 years old. He regards you as his father. The two of you have two children of your own; Hayden aged four, and Angel, 18 months. Since your incarceration, Ms Marshall has commenced a new relationship.
73The family moved to Victoria approximately three years ago. In early 2014, you moved to the Bendigo area and worked as a house re-stumper. Your relationship with Ms Marshall is one of co-dependency on heroin on drugs. It is in this setting that you have offended in respect of the armed robberies, and the robberies and threats to kill charges in this case.
74You were assessed by Warren Simmons, psychologist, for the purpose of this plea. His report, dated 14 August 2015, was Exhibit 2 on the plea. Whilst you have been on remand at the MRC, you have been classified as an essential worker prisoner, working in the kitchen and housed in what is known as the Lodge with other prisoners.
75He assessed you as being of average intelligence and without behavioural difficulties. He assesses that your offending is a direct result of your need for money to feed your addiction to heroin.
SENTENCING CONSIDERATIONS
76I turn to sentencing considerations. As I say, the first consideration to take into account is that you had pleaded guilty to the charges on the indictment. The plea of guilty was made at the committal mention stage. Your plea of guilty has the utilitarian value of allowing orderly and affective administration of justice.
77It gives certainty of outcome to your case, and a resolution of the substantive issues raised by your offending. Your plea allows for the preservation of court and police resources to deal with other matters, and your plea vindicates the public confidence in the legal process set up to protect the community.
78A plea of guilty to these charges indicates and demonstrates some remorse on your behalf for your offending. Your counsel put that your plea avoids the need for your victims to give evidence. I accept that.
79Your plea is clear acknowledgment that you accept your responsibility for your criminal behaviour in this case. Your plea also recognises you are willing to facilitate the course of justice in the community yourself.
80The basic purposes for which a court may impose a sentence of imprisonment are just punishment; deterrence both specific and general; rehabilitation; and denunciation of your actions; and the protection of the community.
81In sentencing you, I must have regard to a range of factor such as the seriousness of your offences; your culpability for them; and your personal circumstances. I am required to balance the interests of the community in denouncing your criminal conduct, and to ensure as far as possible an offender such as yourself is rehabilitated and reintegrated into society.
82You have prior convictions for armed robbery in Queensland. On 16 August 2002 at the Ipswich District Court, you were sentenced to four years' imprisonment, which was suspended partially after you had served 15 months' imprisonment. At the same time, you were sentenced for aggravated burglary.
83More recently, on 20 January 2009 at Toowoomba District Court, you were sentenced to two years' imprisonment for serious assault. You had a fixed parole date of 20 September 2009, which meant that you had served approximately eight months' imprisonment.
84You have eight other prior court appearances for less serious offending than the two matters referred to there.
85In summary, you have prior criminal history for violence and dishonesty offences, which are directly relevant to the charges that bring you before the court in this sentence. Each of your previous terms of imprisonment in 2002, 2005 and 2009, were preceded by you lapsing into your addiction to heroin. In these offences, you have again fallen back into addiction to heroin, and these offences, in part, financed that addiction.
86The fact of your heroin addiction does not reduce your moral culpability for your offending. It may be an explanation, but is no excuse for your offending. Your self-induced addiction has a predictable course of action for you: Criminal offending.
87Armed robbery is a serious offence. General deterrence is an important consideration in sentencing. In these cases of armed robbery, there is evidently
a) planning of the offence;
b) Watching or casing the premises;
c) returning to two of the premises and their victims;
d) disguise and then a change of clothes after;
e) initial getaway plan was always there, and you wait until things have cooled down at the scene;
f) that you produced weapons;
g) that there are threats of violence; and
h) your victims are what are known as "soft retail targets".
88Each of these features are aggravating circumstances for the offence of armed robbery, and dispels any suggestion of your offending being amateurish. In relation to the two charges of threat to kill, Charges 3 and 6, a term of imprisonment on Charge 3 enlivens the serious offender provisions of the Sentencing Act.
89Section 6E of Sentencing Act also requires that, unless I otherwise direct, with respect to Charge 6 on the indictment, the sentence I impose is to served cumulatively. Allowing for matters I have already outlined in my view, it is appropriate to only impose that degree of cumulation to which I subsequently refer, reflecting as it does, separate episodes of offending. To do otherwise may produce a sentence which is not appropriate, and which is unjust.
90I note here, the Crown did not call for a disproportionate sentence, or for cumulation contemplated under s.6D and E in the Sentencing Act.
91The Court of Appeal in DPP v Bayles [2015] VSCA 261 recently stated the appropriate law on the interrelationship between s.6E of the Sentencing Act, and the principles of totality. It stated:
"It is plain that the purpose of s.6E is to require an approach to sentencing which marks specific denunciation of each offence to which that section applies. That is particularly the case when the offending involves, as it does here, a number of different victims. The legislative policy inherent in s.6E is that the offences committed against individual victims will be separate and distinct subjects of punishment. This will generally involve orders of cumulation, moderated to the extent necessary to give effect to the principle of totality, so far as it can be done so, consistent with the policy in the section."
I regard your prospects of rehabilitation as guarded, in view of your previous offending. Your offending has a correlation to your addiction to heroin. I bear the totality principle in mind, when fixing the total of your term of imprisonment, so as not to impose a crushing sentence upon you. I have fixed a non-parole period to encourage and enhance your prospects of rehabilitation. Would you stand, please.
92On Charge 1, you are convicted and sentenced to three years' imprisonment.
93On Charge 2, you are convicted and sentenced to one year imprisonment.
94On Charge 3, you are convicted and sentenced to one year imprisonment.
95On Charge 4, you are convicted and sentenced to two years' imprisonment.
96On Charge 5, you are convicted and sentenced to one year imprisonment.
97On Charge 6, you are convicted and sentenced to one year imprisonment.
98On Charge 7, you are convicted and sentenced to two years' imprisonment.
99On Charge 8, you are convicted and sentenced to two years' imprisonment.
100And on Charge 9, you are convicted and sentenced to two years' imprisonment.
101I order that six months of the sentence in Charge 2; three months of the sentence in Charge 3; 12 months of the sentence in Charge 4; three months in the sentence of Charge 5; six months of the sentence in Charge 6; 12 months of the sentence in Charge 7; and 12 months of the sentence in Charge 9 be served cumulatively upon the sentence in Charge 1 and each other.
102That is a total effective sentence of eight years and six months. I declare a non-parole period of five years and six months. Presentence detention is declared at 244 days. Is that the right mathematics?
103MR CORDY: Yes it is, Your Honour.
104HIS HONOUR: Thank you. 244 days presentence detention to be deducted administratively from the sentence I have just imposed. Pursuant to s.6AAA of the Sentencing Act, but for your pleas of guilty in these matters, I would have imposed a sentence of ten years, with a minimum parole period of eight years' imprisonment.
105In respect of Charge 6, you have been sentenced as a serious offender. Pursuant to s.6F of the Sentencing Act, I note on the record of the court that you have been so sentenced. Does that cover everything?
106MR CORDY: Yes, it does. If I could just check the arithmetic, Your Honour.
107HIS HONOUR: Certainly.
108MR CORDY: One moment.
109HIS HONOUR: Mr Cordy, I will wait until you have finished that arithmetic, and then I will ask you about compensation orders. I was not sure whether there were any sought.
110MR CORDY: No, there's no ancillary orders, Your Honour. Just pardon me a minute.
111HIS HONOUR: Thank you. You can take a seat, Mr Webber.
112MR CORDY: Yes, I'm happy with that.
113HIS HONOUR: Is that right, Ms Elliott?
114MS ELLIOTT: Yes, Your Honour.
115HIS HONOUR: Thanks. You can remove the prisoner. Thank you. I will adjourn until 10.30
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