Director of Public Prosecutions v Whitt (a pseudonym)
[2023] VCC 625
•18 April 2023
| IN THE COUNTY COURT OF VICTORIA | Revised Suitable for Publication | |
AT Melbourne
CRIMINAL JURISDICTION
Case No. CR-22-00410
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| AIDAN WHITT (a pseudonym) |
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JUDGE: | HER HONOUR JUDGE GAYNOR | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 17 April 2023 | |
DATE OF SENTENCE: | 18 April 2023 | |
CASE MAY BE CITED AS: | DPP v Whitt (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 625 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Common law assault – False imprisonment – Rape – Assault with intent to commit a sexual offence – Offending in the context of a relationship – Moderate to high risk of general recidivism – Finding of guilt at trial – Aggravating features of offending – Serious offender.
Legislation Cited: Crimes Act 1958; Sentencing Act 1991.Cases Cited: R v Verdins [2007] VSCA 62.
Sentence: 8 years and one month imprisonment with a non parole period of 5 years and 6 months.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms A. Cooney | Office of Public Prosecutions |
| For the Accused | Mr S. Kenny | McNally & Gleeson Lawyers |
HER HONOUR:
1
Aidan Whitt[1], a jury has found you guilty of seven charges of common law assault; three charges of false imprisonment; six charges of rape, and
[1] A pseudonym
one charge of assault with intent to commit a sexual offence. You were found not guilty of conduct endangering persons with serious injury, Charge 16. The facts underlying your offending are as follows.
2 This offending arose in the context of a relationship between yourself and the complainant, Sara Barr[2], which began on 24 January 2019 and which lasted for about seven months. The complainant was aged between 51 and 52 during the offending and you were aged about 47.
[2] A pseudonym
3 The two of you met online, at which time you were living in Frankston and Ms Barr was living in a unit in Hallam. In mid-March 2019 you moved in with Ms Barr for two weeks until you obtained alternative accommodation at a unit in Eumemmerring. Ms Barr thereafter spent most of her available time with you, as well as staying with you most nights at your address, which was 1.2 kilometres from her home.
4 Early in the relationship you began exhibiting controlling and jealous behaviours towards Ms Barr, having regular arguments with her based on your belief that she was cheating on you. You regularly analysed her mobile phone, sometimes without her knowledge, and calling her in arguments derogatory names such as whore or prostitute, or sending her abusive texts.
5 You would also go through her phone logs; text messages; Facebook messages; Facebook friends; WhatsApp messages, and Google maps to determine if there was any 'evidence' of her cheating on you. You would interrogate her about any such 'evidence' that you located on her phone, and on several occasions, you took her phone, without her knowledge or consent while she was sleeping, and went through it.
6 On occasion you would block some of her male Facebook friends; call certain contacts or numbers that you thought were suspicious, or take screenshots or photographs of text messages or Google maps history that you also thought were suspicious. You would later send these to Ms Barr, questioning her about them and accusing her of cheating on you.
7 Your arguments occurred about every three days and generally lasted for several hours, centring on your belief that Ms Barr was unfaithful. You also took her underwear to be forensically examined for the presence of foreign male DNA. On one occasion you rang a male work colleague of Ms Barr at 5 am and also accused her of cheating on you with her boss after you saw innocent messages from him to her.
8 Ms Barr remained in this volatile relationship with you because she believed you loved and cared for her, partly because you offered to go to counselling early in the relationship and appeared genuine about trying to fix it. Throughout the relationship Ms Barr tried to leave your apartment on about six or seven occasions after packing her clothes, but you would not let her leave because you had not finished arguing with her and would prevent her from leaving by standing in the doorway and physically restraining her. You only let her go once you had finished arguing with her.
9 On either 20 or 30 May 2019 you and Ms Barr had an argument about your belief that she was cheating on you, which Ms Barr denied. You called her a liar and a whore, and at approximately midnight Ms Barr decided to leave, went to your bedroom and packed her clothes.
10 You followed her and when Ms Barr tried to leave you, you stood in the way, used your arms to prevent her from leaving, and then pushed her hard so that she fell on her back with her legs hanging off the end of the bed. These actions underlie Charge 1 on the indictment, common law assault.
11 Ms Barr was fearful, and moved up into the bed in an attempt to get away from you. You got on the bed on your hands and knees and crawled towards her until you were on top on her. You then sat on Ms Barr’s upper thighs and grabbed her forearms with your hands, holding them at right angles on either side of her body. Ms Barr struggled and told you she wanted to leave and asked you to let her go and get off. You refused to do so and said she was not going anywhere. These actions underlie Charge 2, false imprisonment.
12
You continued to argue with Ms Barr and accuse her of cheating on you, then placed your hands around her throat two or three times, about
10 to 15 seconds each time using a firm pressure which was, however, not enough to cause her to have trouble breathing. These actions underlie
Charge 3 on the indictment, common law assault.
13 You also put your hands over her nose and mouth two to three times, causing Ms Barr to experience difficulty with breathing. You began undoing the buttons of her jeans, at which time she told you, several times, that she did not want to have sex with you 'not like this'. You ignored her, pulled off her jeans , grabbed Ms Barr’s thighs and pulled her to the side of the bed so her legs were hanging off and her feet on the ground.
14 Ms Barr ceased struggling as she was scared that you would otherwise further physically assault her. You removed all your clothes and then penetrated Ms Barr’s vagina with your finger. That action underlies Charge 4 on the indictment, rape.
15 You then used your tongue to lick Ms Barr’s vagina and then penetrated her vagina with your tongue. Those actions underlie Charge 5 on the indictment, rape. You then penetrated Ms Barr's vagina with your penis, that action underlying Charge 6 on the indictment, rape.
16 You then alternated between penetrating Ms Barr’s vagina with your finger, tongue, and penis until you ejaculated. Following these penetrations Ms Barr remained at your house feeling violated, sick, and confused about what had happened. She told the jury she was in denial that she had been raped.
17 A second incident occurred on the 23rd and 24 June 2019. This began on the night of Saturday 23 June 2019, where you and Ms Barr had another argument about your belief that she was cheating on you and lying to you. This continued until the early hours of the morning, when Ms Barr eventually decided she wanted to leave and told you this.
18 You pleaded with her to stay but she insisted on leaving and went to your bedroom to begin packing her clothes. You refused to let her leave and pushed her onto the bed. Ms Barr landed on her back and you got on to the bed on top of her. That action underlies Charge 7 on the indictment, common law assault.
19 Again, you sat on her upper thighs and grabbed her forearms with your hands while Ms Barr struggled to break free. You continued to argue with Ms Barr while you held her down, and whenever she spoke you put your hand over her mouth and nose to stop her. Ms Barr struggled to breathe and told you this, and you told her to breathe through her nose but she could not do this as your hand was also covering her nose.
20 You continued to argue with her, and at some stage during the argument you placed your hand around her throat and gradually increased pressure to the point that she was struggling to breathe. This action underlies Charge 9 on the indictment, common law assault.
21 Ms Barr became extremely scared and believed you were going to kill her. You remained on top of her for about 20 minutes, accusing her of cheating on you and suffocating and strangling her multiple times. These actions underlie Charge 8 on the indictment, false imprisonment.
22 You then pulled off Ms Barr’s tracksuit pants, although she grabbed the waistband in an attempt to stop you. You overpowered her, took them off, then grabbed the front of her underwear which you removed by ripping. You pulled Ms Barr again to the side of the bed so that her legs were hanging off. At this stage Ms Barr said she did not want to have sex with you and that she hated you. You said that you knew that, and that you hated her too.
23 Ms Barr did not put up any further resistance as she was fearful you would kill her, and so knowing what would happen next lay still and numb on the bed. You removed all of your clothing before using your tongue to lick the outside of her vagina and then inside her vagina underlying Charge 10, rape.
24 You then digitally penetrated Ms Barr’s vagina with your finger, these actions underlying Charge 11, rape. You then penetrated her vagina with your penis, underlying Charge 12, rape. Again, you alternated between penetrating Ms Barr’s vagina with your finger, tongue, and penis until you ejaculated. Ms Barr again lay on your bed following the rape feeling terrified and helpless.
25 She wanted to leave but felt she could not because you would stop her, and so she eventually fell asleep. The next day you essentially apologised for the argument and told Ms Barr you would get counselling to fix your issues. You mentioned nothing about the rape.
26 The third incident occurred on 5 July 2019, a Friday evening where the
two of you had an argument again about your belief that Ms Barr was cheating on you. Again, Ms Barr decided she wished to leave and went into your bedroom to pack her clothes. You followed her and stood near the doorway and as Ms Barr tried to leave the room you stopped her by grabbing and/or hugging her.
27 Ms Barr ended up on her back on the bed, either because you told her to go there or because you pushed her, and again you got on top of her and held her down. You used your hands to hold Ms De Barr’s forearms, her arms were bent at shoulder height on either side of her body and these actions underlie Charge 13, assault with the intent to commit a sexual offence.
28 Charge 14, common law assault, was laid in the alternative to Charge 13 and you were found guilty of Charge 13. You continued to hold Ms Barr down, and accused her of cheating on you, , which actions underlie Charge 15, false imprisonment.
29 Whilst on top of her you put your hand over her nose and mouth to prevent her from talking and put a hand on her throat, gradually applying pressure until Ms Barr was unable to breathe and at a rate more violently than had previously been applied on earlier occasions. You were acquitted of Charge 16, conduct endangering persons, which was laid in relation to these alleged actions but were convicted on the alternative Charge 17, common law assault.
30 Ms Barr told you you were hurting her and told you to get off. After about 20 seconds you stopped and apologised. Ms Barr believed that you might rape her for a third time and that she would not be strong enough to defend herself. You pulled off her tracksuit pants, at which stage Ms Barr pleaded with you not to rape her, and eventually you ceased what you were doing. Ms Barr told you to get off, at which point you did, bringing an end to the incident.
31 The fourth incident occurred on Friday 12 July 2019. When Ms Barr was at your home at about 5 pm, and missed a call from a male friend, you became jealous. You pressured her to call the male, which she eventually did, and at your direction put the call on loudspeaker so you could hear who it was. Following that phone call an argument began, lasting for several hours in which you accused her of lying and cheating.
32 At about 11.30 pm Ms Barr wanted to leave and went to the bathroom to pack her toiletries. You entered the bathroom and pushed Ms Barr with both hands to her shoulders, causing her to fall to the floor. You then grabbed her hair and pulled it hard, ripping some of it out. You then dragged her from the bathroom to the hallway by her hair to the edge of the steps.
33 Ms Barr pleaded with you not to hurt her, and because she feared for her life told you she loved you. You then dragged her by her hair another 3 metres to another corner of the apartment. These actions underlie Charge 18 on the indictment, common law assault.
34 You continued to abuse Ms Barr, calling her a liar and a whore and when she asked to get her bag, told her she would not be taking it. You let go of her hair, picked up the bag and walked towards the balcony. To prevent you from throwing her bag over it, Ms Barr ran in front of you and told you she loved you, at which time you dropped the bag and then dropped to the floor yourself, apparently passing out.
35 Ms Barr splashed water from the kitchen on your face in an attempt to rouse you, and you regained consciousness after about 10 minutes. She helped you to your bed and decided to stay the night with you in case something happened to you.
36 The relationship ended on 19 July 2019 at your unit. An argument yet again arose about your belief in Ms Barr cheating on you. After that argument had continued for several hours until about 6 am Ms Barr decided to end the relationship and leave. You walked her out. Along the way you showed her a video of you having sex with another woman on the night of 18 July 2019.
37 On 31 July 2019 Ms Barr reported the offending to police. In a record of interview conducted on 17 July 2020 you denied the allegations of rape and assault. You admitted going through Ms Barr’s phone while she was asleep, calling her work colleagues and buying semen kits to test Ms Barr’s underwear for semen.
38 You described Ms Barr as a narcissist who constantly controlled you, and you said the main arguments between you were around Ms Barr being secretive with her phone and not answering phone calls from males in front of you.
39 The trial lasted from 15 to 23 February 2023 when the jury returned its verdicts. At a plea hearing on 5 April 2023 Ms Barr read out her victim impact statement. As a result of your offending against her, Ms Barr has difficulty attending work, having to take sick leave or annual leave and remains fearful she could lose her job. She struggles to sleep and often suffers nightmares.
40 Ms Barr said she had often turned to alcohol to ease the mental and emotional pain in the aftermath of your behaviour. She has attended psychological and psychiatric treatment, has experienced constant anxiety, panic attacks, and extreme highs and lows. She has experienced suicidal thoughts. Twelve months ago, she took two additional jobs to occupy her time so she could block out all her thoughts until the trial.
41 Ms Barr said she had withdrawn from social events, become more isolated and that overall, your actions have had a devastating impact on her life. Four years after this offending I am satisfied that Ms Barrcontinues to suffer trauma and distress as a result of your offending against her, and it is to be expected that she will continue to do so for some time into the future.
42 I now turn to your personal circumstances. You are 50 years of age and have been held in custody since the return of the jury verdict. You were born in Kyneton and raised by your parents, who emigrated from Italy. From about the mid-80s they ran their own independent supermarket in Wallan, and you told psychologist Laura Fleming, whose report dated 29 March 2023 was tendered on the plea, that you recall your parents always being busy and that you expected to work there from a young age.
43 You have a younger brother who is an electrician and runs his own business, and an elder half-sister who was born to your father. You told Ms Fleming that you were sexually abused by your half-sister from about 10 years to 11 years of age, and that this left you confused and distressed. Eventually you told your father of this when you were an adult, but you felt that he dismissed your experiences.
44 Your mother died in October 2020 after experiencing dementia, but before this you visited your parents and supported them by driving them to church and preparing food. You have remained in contact with your father and have some contact with your brother, although none with your half-sister. Both your father and brother attended on the plea hearing and at sentencing today.
45 You attended Assumption College at Kilmore where you struggled and experienced bullying because of your Italian heritage, and left at the end of
Year 11 to work in the family business. By age 21 you had completed a butchery apprenticeship and continued to work in the family supermarket for
10 years until your parents sold the business.
46 You then held various jobs as a slaughterman and as a manager at a discount warehouse, before beginning work with a major retail chain as an assistant manager and trade specialist, which job you held for 12 years before being dismissed.
47 You married at age 24 but this relationship ended after two years. You were then in a relationship for 10 years from the age of 28 from which you have
one daughter. Due to the pressure of work and the poor reaction from your father to your revelation of childhood sexual abuse, you began drinking more. There were subsequent arguments and ultimately a separation from your partner, who eventually took out a family violence intervention order against you. You had access to your daughter every second week but have apparently not had regular contact with her in recent years.
48 You then formed a five-year relationship which also ended and that partner also took out a family violence intervention order against you. You then became involved with Ms Barr. Following the end of the relationship with her, you began another relationship in 2020 but this relationship also ended and that partner also took out a family violence intervention order against you.
49 Before being placed in custody you were experiencing difficulties with housing and were receiving assistance with food and social support from the Cheltenham Uniting Church. You have denied any illicit substance abuse but did reveal that your alcohol abuse has led to the loss of your licence and that you have previously attended detoxification units for alcohol twice.
50 At the time of the offending, you were using alcohol on weekends only. You reported to Ms Fleming past mental health symptoms, stating that you had been diagnosed with major depression some years ago and prescribed antidepressants, which you discontinued after experiencing negative side effects.
51 When you were about 40 you tried to commit suicide by cutting your wrists and were held in a mental health inpatient ward at Berwick Hospital for a week. This occurred in the context of you revealing your sexual abuse to your parents and the breakdown of your second relationship.
52 You also attended on a psychologist around this time with treatment aimed at assisting you to manage your trauma reaction. You attended about six sessions with the psychologist during your second relationship and believed you were diagnosed with post-traumatic stress disorder during that period. You said you had tried to seek psychological help in the last 12 months as you were experiencing some suicidal ideation due to the stress of impending court proceedings, but attended only one telephone appointment.
53 Testing by Ms Fleming revealed an exhibition of symptoms of post-traumatic stress disorder and the development of symptoms of depression and anxiety, which she said were consistent with an adjustment disorder and were impacting on your mental health and functioning. She attributed this to the difficulty you have had in adjusting to the court procedure and now gaol.
54 You were also diagnosed as presenting with symptoms of an obsessive compulsive personality disorder and a narcissistic personality disorder, which Ms Fleming said needed to be taken into consideration for treatment. She said the narcissistic personality disorder manifested itself as a pervasive pattern of grandiosity, a need for admiration, a sense of entitlement, interpersonal exploitative behaviour, a lack of empathy, and arrogant behaviours or attitudes. The OCPD presented as a pervasive pattern of preoccupation with orderliness, perfectionism, and mental and interpersonal control.
55 Testing as to the risk of future offending by you by Ms Fleming found you to be at a moderate to high risk of general recidivism. Ms Fleming described you as having poor interpersonal functioning with impairment to your ability to problem solve and interact in a calm and considerate manner. She said you would struggle to understand other people's points of view 'on the background of a heightened sense of self and need for control'.
56 She said imprisonment would likely weigh more heavily on you than other prisoners not suffering these conditions, and believed your risk of harm to yourself should be monitored, as experiencing custody would challenge your self-esteem, she noting you have a history of impulsive self-harm when feeling distressed.
57 You have a prior criminal history dating back to 1998 when you were fined for breaching an intervention order. You were fined again for breaching an intervention order in 2003. In 2009 you were placed on a three-month suspended sentence on a charge of refusing to accompany police for a breath test.
58 Your counsel Mr Kenny submitted your prior convictions did not demonstrate a dangerous propensity to commit offences of the kind for which you have now been convicted, and submitted also that your rehabilitation was contingent upon you engaging in sex offender treatment and other programs to address your offending behaviour whilst in prison. He did not submit that I should deal with you in any way other than by a term of imprisonment.
59 Mr Kenny submitted that it was clear from the psychological materials that imprisonment was likely to weigh more heavily upon you because of your condition, and he noted also a risk that your condition may deteriorate. He submitted that limbs 5 and 6 of Verdins were applicable in your case, albeit in a limited way.
60 Mr Kenny also conceded that Charges 4 to 6, and 10 to 12 on the indictment were standard sentence offences, which indeed they are, the applicable sentence being 10 years. He submitted, and I accept, that this is a factor to be taken into account in combination with other factors. That is, that it is a legislative guidepost but not a determinative feature and does not otherwise affect the operation of any sentences.
61 He conceded that because of the inherently serious nature of the offence of rape, principles of specific and general deterrence, denunciation and just punishment were prominent in the sentencing exercise that I must undertake, and I agree with that submission.
62 He acknowledged the following degrees of aggravation were also present in this case, being that Ms Barr was vulnerable by virtue of being at your unit; the offending occurred within an intimate relationship; there were three episodes of sexual offending; it continued in the face of Ms Barr’s protests, and the offending involved other acts of violence. He submitted there was a significant overlap between the circumstances of each of the charges in each incident, between each other, so that orders for concurrency were appropriate, together with the issue of totality. I also accept these submissions.
63 Mr Kenny also further acknowledged that you fall to be sentenced as a serious offender in relation to Charges 3 and 4 and thereafter. I accept all of Mr Kenny's submissions, and it is clear the only way that I can deal with you is by way of the imposition of a term of imprisonment to be immediately served containing both a maximum and minimum term.
64 I should, at this stage, refer to the maximum penalties. The maximum penalty for rape is 25 years' imprisonment. The maximum penalty for false imprisonment is 10 years' imprisonment. The maximum penalty for common law assault is five years' imprisonment. The maximum penalty for assault with intent to commit the sexual offence is 15 years' imprisonment. The maximum penalty for engaging in conduct endangering persons for serious injury is 10 years imprisonment.
65 I also accept Mr Kenny's submission that your plea of not guilty is not an aggravating feature but simply an absence of remorse. However, I do make the point that you have been psychologically diagnosed as suffering symptoms of disturbing personality disorder conditions which prevent you from empathising with others, or having any insight into your own behaviour.
66 It was clear in the record of interview that you saw nothing wrong in the suspicions of infidelity by Ms Barr that you readily conceded to, or in the extraordinary intrusion into her life such as checking her phone or calling a male colleague and testing her underwear for the presence of foreign male semen in order to determine if those suspicions were correct. Those actions compromise entirely unacceptable controlling and inappropriate behaviour towards another person.
67 Overall, the offending was committed against a continuing barrage of emotional abuse directed by you towards Ms Barr. The offending reveals four occasions of demeaning, violent, and callous behaviour towards a woman who was simply trying to have a relationship with you, and who hoped and believed that you cared for her. The sexual assaults you unleashed against Ms Barr were redolent of a sense of entitlement, scorn, and punishment for perceived misbehaviour.
68 Rape is an inherently violent offence and your offending against Ms Barr was made all the more violent by your accompanying actions preventing her from leaving - placing your hands around her throat; subjecting her to rounds of oral, digital, and penile penetration while she lay helpless on the bed. I am satisfied your sexual offending was a serious example of offending of this kind. It has left Ms Barr with ongoing trauma, fear of the world, and loss of security.
69 Ms Barr was subjected to ongoing cross-examination both at committal and at trial, and to my observation presented as a compelling witness, which the jury clearly found her to be.
70 In sentencing you I take into account the mitigatory factors outlined by your counsel. In particular I take into account that the rape, false imprisonment, and assaults on each of the three occasions arose from the one set of circumstances so that concurrency and totality are issues to which I must have regard.
71 However, in my view the prominent sentencing principles to which I must have regard in the sentencing exercise before me are just punishment, denunciation of your conduct, and general deterrence, that is, sentencing designed to deter other persons who might be minded to treat their partner in the way that you treated Ms Barr. The issues of protection of the community and specific deterrence are also live.
72 I further take into account your relatively modest prior criminal history and the Verdins issue, where I am satisfied you suffer from a number of psychological conditions which will make the service of a term of imprisonment more difficult for you than the normal prisoner.
73 However, I cannot be optimistic as to your future rehabilitation. It is quite clear you suffer from serious psychological issues which resulted in you having a sense of entitlement, control, and ultimately practicing violence towards your partner. This also appears to have been a longstanding trait (although not one resulting in such serious offending from your prior criminal history) given that three of your previous partners have taken out family violence intervention orders against you, they being orders which you have breached on two occasions. I therefore sentence you as follows:
74 Charge 1, common law assault; you are sentenced to three months' imprisonment.
75 Charge 2, false imprisonment; you are sentenced to six months' imprisonment.
76 Charge 3, common law assault; you are sentenced to three months' imprisonment.
77 Charge 4, rape; you are sentenced to three years' imprisonment.
78 Charge 5, rape; you are sentenced to three years' imprisonment.
79 Charge 6, rape; you are sentenced to three years' imprisonment.
80 Charge 7, common law assault; you are sentenced to three months' imprisonment.
81 Charge 8, false imprisonment; you are sentenced to six months' imprisonment.
82 Charge 9, common law assault; you are sentenced to five months' imprisonment.
83 Charge 10, rape; you are sentenced to three years' imprisonment.
84 Charge 11, rape; you are sentenced to three years' imprisonment.
85 Charge 12, rape; you are sentenced to three years' imprisonment.
86 Charge 13, assault with intent to commit a sexual offence; you are sentenced to 18 months' imprisonment.
87 Charge 15, false imprisonment; you are sentenced to six months' imprisonment.
88 Charge 17, common law assault; you are sentenced to six months' imprisonment.
89 Charge 18, common law assault; you are sentenced to 18 months' imprisonment.
90 The sentence imposed on Charge 6, three years, will be the base sentence.
91 I order that one month of the sentence imposed on Charge 1; two months of the sentence imposed on Charge 2; three months of the sentenced imposed on Charge 3; six months of the sentence imposed on Charge 4; six months of the sentence imposed on Charge 5; one month of the sentence imposed on
Charge 7; two months of the sentence imposed on Charge 8; two months of the sentence imposed on Charge 9; six months of the sentence imposed on
Charge 10; six months of the sentence imposed on Charge 11.
92 Six months of the sentence imposed on Charge 12; six months of the sentence imposed on Charge 13; two months of the sentence imposed on Charge 15; two months of the sentence imposed on Charge 17, and 12 months of the sentence imposed on Charge 18 be served cumulatively to the sentence imposed on Charge 6 and to each other.
93 This gives a total effective sentence of eight years and one month, and I sentence you to a minimum term of five years and six months. I should have added that whilst the fact you pleaded not guilty is not an aggravated feature, it does not allow me to deduce that you have any remorse for your offending, or insight into it. Thank you.
94 What is the PSD please?
95 MS COONEY: Your Honour, it's 54 days.
96 HER HONOUR: I declare that 54 days of this sentence has been served by way of pre-sentence detention. Thank you.
97 MS COONEY: As the court pleases.
98 HER HONOUR: Is there anything else I need to attend to?
99 MS COONEY: No, Your Honour.
100 HER HONOUR: Thank you very much.
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