Director of Public Prosecutions v Wilkinson

[2020] VCC 1632

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 19-02434

DIRECTOR OF PUBLIC PROSECUTIONS

v

JASON WILKINSON

---

JUDGE:	HIS HONOUR JUDGE GUCCIARDO
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	8 October 2020
CASE MAY BE CITED AS:	DPP v Wilkinson
MEDIUM NEUTRAL CITATION:	[2020] VCC 1632

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr N. Batten
For the Accused	Ms K. Chibert

HIS HONOUR:

1Jason Wilkinson, you have pleaded guilty to an indictment which alleged 15 charges of burglary, 12 of theft, theft of a firearm, one attempted theft and a breach of condition of your parole.  At the time of the offending you were 42 years of age.

2On 22 May 2019 you were released on parole, having served a non-parole period of nine months of a sentence of 18 months imposed on 28 August 2018.  You were released upon entering an undertaking which required you to have an electronic monitoring device permanently fixed to your ankle.  This device recorded your presence at whatever location you found yourself in and you had it attached to you at the time of the offending.

3The prosecution tendered a summary of the circumstances of your offending and I take this brief description from the agreed facts set out in that summary.

4On 29 May 2019 you entered a residents in Shepparton at 8.44 am while the occupant was away at her work. You stole jewellery and two mobile phones from the bedroom of that home. As you were leaving these premises you dropped a number of items of jewellery in the backyard and these items were required.  You stole unrecovered items to the value of over $10,000.

5At 9.40 am on the following day you entered another house in Tooloomba.  The owner was not present. You entered by damaging the rear door. Though you rummaged through some drawers you left with nothing at 10.21 am.

6About an hour later you entered a residents in Jergain East. You gained entry by damaging a door.  No one was home. You stole jewellery, toys, Samsung tablets, an iPod and other personal items. Several of the jewellery items stolen had significant sentimental value. You left a couple of hours later, you stole an excess of $10,000 in value, caused about $1,500 in damage.

7A few minutes later you entered private premises Stanhope. The residents were not home. There you stole jewellery, and iPhone, cash in a wallet and bank cards.  Several items of jewellery were heirloom items. You stole in excess of $15,000 in value.

8A little later that afternoon at about 1.52 pm you entered premises in Myola, this time with two males which you later named. You waited outside. One
co-offender forced upon a gun case and stole a .22 long rifle. The co-offenders also stole two Bluetooth speakers, a chainsaw and a swag. You decamped at 2.47 in your car.

9As you drove one co-offender fired the firearm that had be stolen out of the car window.  You drove to Flora Hill where you entered another home at 3.24 pm while no one was home.  You stole cash and personal property and left after five minutes.  You then dropped your co-offenders off at Mooroopna at the end of the day.

10The next day at about 2.35 pm you entered premises in Shepparton while occupants were not there.  You were with a co-offender.  While this person went in you remained outside.  Jewellery, an iPad and personal property at about $5,000 were taken.  While your co-offender was inside the home alarm system went off and a person approached the residence having heard it.  He saw you were near the front gate on the phone.  He then saw the co-offender exit those premises and he took a photo at 3.04 pm.

11On 1 June 2019, you entered premises at Merlynston with two other
co-offenders.  You forced the door to enter, causing damage to it.  You stole personal items and jewellery. About 20 minutes later you decamped.  The jewellery had sentimental value, given to the complainant by her family and deceased husband and are irreplaceable. Four pieces of this stolen jewellery were later recovered from a pawn shop in Shepparton.

12The same date, on 1 June 2019, you entered a home in Essendon, no one was home. You stole jewellery, a computer and iPad, and other property valued about $13,000.

13About an hour later you entered a house in Essendon West, turned off power to the residents before you unlocked the six foot high wooden driveway gate.  You forced the door causing damage and stole jewellery, computer and personal property in excess of $33,000.

14On the following day you entered a house at Watsonia with a co-offender.  You remained outside. A house alarm was triggered and a person approached.  That witness saw you in the front yard and took a photo of you and no property was stolen.

15Soon thereafter you entered another property in Watsonia.  No one was home.  You went inside and stole jewellery in a pillowcase valued at about $15,000.  Some items were heirloom and had sentimental value.

16That evening at 6 pm you entered a home Tooloomba.  No one was home.  You stole jewellery and battery charger, the jewellery items of heirloom value are irreplaceable.  Having left at 6.55 pm you re-entered those premises at 7.39 pm and remained there for about 30 minutes.

17The following day on 3 June you entered premises in East Bendigo while no one was home.  You forced rear door off its hinges.  You damaged it and stole two laptops, a camera and other personal property.

18Some 40 minutes after you left that property you entered a property at Flora Hill when no one was home and while there you smashed a rear window with tools taken from a shed in the rear yard.  Two witnesses witnessed this and police were called.

19When police arrived you were still inside the house. You exited the house and climbed onto the roof. You jumped from there towards the neighbours backyard, but hit your head and sustained head, neck and back injuries as you hit the ground.  You were arrested. After being cleared by the Bendigo Hospital you were remanded.

20Police searched your car outside the place where you had been arrested and found several items stolen from one of the homes.

21The electronic monitoring intelligence brief was compiled using the data to be accessed by way of the monitoring device, which you had on you, and it identified in detail the locations where you committed these offences and the relevant times. The parole order, which you had entered into on 22 May was violated by these offences, committed in breach of the conditions of that parole.

22On 13 August you were interviewed by police at the Ravenhall Correctional Centre, pursuant to a magistrates' order.  There you made full admissions.  You told the police you owed a substantial drug debt and the thefts were in order to repay it.

23Although you provided the names of co-offenders no one else has been charged.

24Although no victim impact statements were tendered to the court it is a ready inference that burglaries and theft committed in private homes create fear, distress, consternation to those whose homes have been invaded and whose property has been stolen.

25These offences typically engender a loss of security and safety, and loss of heirlooms, property of personal and family significance, but also items which simply belong to the victims, creating a sense of violation and anger that the sanctity of the home in which families reside must be acknowledged.  I take these matters into account.

26Since your arrest you served reclaimed parole period, which came to an end on 6 February 2020.  Pre-sentence detention since February to the plea first date on 3 March is 26 days referrable to these particular matters.

27The maximum penalties for the offences here under consideration are 10 years for burglary, 10 years for theft and three months for the breach of parole.  Theft of a firearm, Charge 10, arrives with a 15 year maximum and attempted theft carries five years.  By these maximum the legislators have indicated that these are serious offences and they are guide posts to be taken into account when determining an appropriate sentence and I do so.

28I shall have something to say about the parole breach penalty in a moment.

29I take your plea into account.  It was offered at the first committal mention in December 2019 and therefor at a reasonably early stage.  Because of the circumstances which followed and it being evidenced in a number of peoples reference, I accept that the pleas accompanied by your remorse.  This is an important matter in my view in cases where it can be viewed as genuine and authentic.

30The plea also has utilitarian value, having avoided a trial which would have required a large number of witnesses, lay and police, and take up time and resources. The value of the plea is particularly important in this current and particular time frame related to the pandemic situation, which has impacted on the ability of the court to deliver timely outcomes in matters, including criminal justice matters and your plea will reduce your sentence.

31This particular case has had a different transit through the court than usual, in that the first application that was made on your behalf in March of this year was to differ sentencing. This is enabled by s.83A of the Sentencing Act.  If the court finds you guilty of an offence and it is of the opinion sentencing should be differed in the interests of the offender and the offender agrees to a deferral of sentencing.  The section outlines a number of purposes for which sentence may be differed.

32I allowed this application and allowed a deferment for a number of reasons, which were articulated during the application.  I was satisfied that it was a useful and reasonable course to defer to allow your capacity for and prospects of rehabilitation to be assessed.  To allow you to demonstrate that rehabilitation has taken place.  To allow you to participate in programs aimed at addressing the underlying causes of the offending and for any other purpose, inter alia, that I considered appropriate having regard to you and the circumstances of the case.

33A combination of these matters led me to make the order.  On that day I adjourned to a date about a week later, on which return date you were bailed to attend to Molyullah, about 18 kilometres from Benalla, to undertake a six week residential drug or alcohol rehabilitation program run by Odyssey House.  You have been assessed as suitable for that program and on 11 March you entered into it to complete by 20 April 2020.

34You so arrived and complied with bail conditions and completed the program.  As a resident this consisted of 10 sessions of cognitive behavioural therapy, at least 18 psychodynamic therapy group, behavioural and conflict resolution groups, you attended Alcoholics and Narcotics Anonymous meetings, you worked on program projects and other therapeutic activities.

35Although you were challenged specifically to look at specific areas of your life and states of mind you did appear motivated for change, see the letter of Hayden Cook, the case manager of the Circuit Breaker programs dated
7 May 2020 and 16 April 2020.

36You had indicated that you wanted to continue treatment in Odyssey's long term facility in lower Templestowe and you were transferred there and admitted on 29 April 2020. However, due to an incident with another resident you were discharged on 6 May.  This involved a touching of another resident with a pool cue, something which apparently impacted on the other resident's feeling of security and triggered past trauma.  As a result of this infringement you were offered readmission into the Molyullah program, which took place on
8 May 2020.  See also the letter by Chris Kavanaugh dated 6 May 2020, clinical team leader of the lower plenty facility.

37On 22 June 2020, an application was brought on your behalf for a bail variation to enable you to attend to the cottage in Shepparton.  I was satisfied I should enable you to continue in this therapeutic pathway, the objective of the deferment until September.  I imposed specific conditions of supervision and residence, as well as others designed to control but facility medical appointments.

38I received a detail report from Maria Hutchinson dated 14 September 2020, CEO of the cottage which outlined your proposed stay. The program would finish on 24 September at which point you would, if that is enabled by the sentence of the court, intend to live with your parents.  The letter detailed the requirements and your compliance.

39Since your entry you have shown a commitment to your recovery and addressing the issues and difficulties that have beset you.  You have reduced your prescription medication use significantly, submitted clean results of urinalysis, have become a supporter of other residents, contributed to the work of the program as cleaner or meal preparation.  You have used your offsite time to reunite and reconnect with you family.  You appear to have integrated into being a responsible member of the community.

40The management of the cottage believe that if you continue to follow and remain close to the fellowship of Narcotics and Alcoholics Anonymous and stay abstinent, they are confident in your ability to be a reintegrated member of the community.

41Ms Hutchinson provided the court with two other letters, one dated
20 September, another series of letter earlier in June 2020.

42The June letters outlined the initial contact you had with the cottage in early June.  In that letter Ms Hutchinson recommended that you be admitted for at least six months.  A letter of 22 June was to facilitate your transfer from Odyssey at Molyullah to Shepparton on the day I extended and varied bail for that purpose.

43Her last letter to the court was 22 September 2020 in which she confirmed you would continue in your treatment at the cottage to complete the full 15 week program.  She reaffirmed your great progress and the ongoing support by the cottage facility.

44I have stated the purpose of the deferral and it appears to me from all the material available that the reasons or purposes for that order have been addressed and bring you today before the court for sentence in circumstances which enable the court to properly address all relevant considerations, take into account all relevant circumstances and give proper weight to sentencing principles in synthesis of matters which lead to a proportionate and proper disposition once your participation in this effort at rehabilitation is taken into account.

45I return to your personal circumstances which I take into account and which importantly inform the final disposition, as indeed the pathway I have taken to reach it.

46You are 42 years of age.  You were born and raised in Shepparton.  Your mother, who is now retired, was a primary school teacher. Your father, now retired, a school principal. You have three older siblings.

47You had an uneventful youth in a loving family.  You were acting socially and on sporting fields.  You have remained close to all your family with your parents who have remained staunch supporters and your siblings, most of whom were in court for your appearances.

48Your mother, Angela, gave evidence on oath back in March of this year and I was impressed with her testimony.  She said you struggled at school and finished in Year 11, gaining and finishing an apprenticeship as an electrician.  You became an A grade tradesman.  You obtained work in Melbourne aged around 21, eventually starting your own business.  However, your move to the city was complicated by health issues. You had been in a relationship for a number of years with a girl, a young woman when you were about 28.  The first six years were positive and the relationship was stable. At about this time you were diagnosed with chronic suppurative perennial bowel disease, a condition which includes multiple anal fissures, fistulas and abscesses.  This has been associated with chronic severe pain and has led over the years to 35 or so surgical procedures performed upon you.

49You had begun cannabis use at age 16 and by 18 you would smoke it almost nightly.  You did so for seven or so years, stopping when you started to experience paranoia.  You started drinking alcohol aged 15, drinking regularly most weekends, often to intoxication.  You played football and drank after the game.  With this pattern continuing until you were about 32 when your football days ended.

50From age 21-31 you used ecstasy on weekends then cocaine.  You took this regularly over three or four years but again ceased when you noticed an impact on your mental health.

51During your relationship you used speed on the weekend for six years but your medical problems stopped that particular drug. Unfortunately the medical condition and consequent surgical intervention led to an addiction to the opioid, Endone, prescribed to relieve pain initially.  This continued for some two years until you could no longer doctor shop.  You then began methamphetamine use, initially smoking one to two points per day prior to your imprisonment of 2018.

52You have had a relatively substantially period of abstinence prior to incarceration in 2018, which had begun in 2017 during a rehab program.  At age 36 you commenced taking Effexor to deal with a significant episode of depression following 10 surgical interventions.  You were being treated from time to time with Lyrica, Valium and Zyprexa.

53You have a prior criminal history with the majority of your offending occurring around 2016.  You have a number of driving offences which begin with a blood alcohol offence in 98, another in 2011 and in May 2018 a number of speeding charges.

54In 2012 you were placed on a community order for making a false report.  Then in 2016, in January and in March, you appeared before the court for burglary and theft committing whilst on bail, again placed on a community order.  Then for a large number of thefts, deception, burglaries and bail offences.  A community correction order was again imposed.

55In 2017 further burglary, dishonesty offences were dealt with by an adjourned undertaking to attend treatment by Dr O'Dwyer. It was clear that by this time drug use had compounded your loss of good health, the loss of your work and business, the loss of your relationship and involved you in the drug world in a poisonous cocktail towards criminal behaviour.

56In August 2018 you were sentenced to 18 months' imprisonment with nine months non-parole period for dishonest offences, drug offences, a number of burglaries.

57You have no children and have not had a subsequent relationship. It is reasonably clear that your decent into depression, drug use and continuing physical pain and ill health were the significant catalysts towards your distancing from work and family into criminality and the need to support your habit.

58Warren Simmons a psychologist who prepared a detailed report of January 2020 wrote that you have no intellectual difficulties or disorder of thought or perception, nor antisocial personality traits. This latest offending now before the court was said to have been as a consequence of a substantial drug debt which you had incurred when you disposed of an amount of drug fearing apprehension by police and consequent to threats that were made as a result of that disposal.

59I do not have to dispose of this matter by making a finding about that explanation.  You told the police of this as well as your parents and told both your parents that you and them had been threatened over it.  You named the persons involved to police, but the police who investigated the claim have no material to disprove it although they know of these named drug associates who have not been questioned.

60Without determining this some matters are clear, you told police, your parents and Warren Simmons this background and the threats.  The spate of burglaries and the property taken was a spree within a short period of time consistent with the need to obtain sufficient goods of value in a concerted effort. You committed these offences whilst wearing an ankle bracelet, which it would have been known to you that your movements would have been able to be tracked by authorities. I have no doubt these offences were undertaken to deal in a scenario which involved drugs and the involvement you had with drugs and its criminal consequences and associates.

61You have not attempted to minimise your conduct as noted by Mr Simmons and have accepted responsibility for your actions.

62Your mother in her evidence outlined the efforts which your family made to assist you into rehabilitation in the past. They are to be commended for their perseverance.  She gave evidence that she has seen genuine remorse for your conduct and that having lost everything of value in your life you have matured, that the experience of incarceration has been harsh and salutary and that you are motivated to reform and demonstrated to her that you are capable of stepping away from the cycle of substance abuse.

63I take into account also the references which were received by the court from your mother in which she refers to your time at Middleton gaol in which you became a trust prisoner, chosen with few others to be in a work gang doing work outside in the community.

64Your father wrote a letter in January of 2020 to the court and again in late September. He wrote of your family and background.  He wrote of your representing Shepparton Football Club seniors, going to do an apprenticeship, moving to Melbourne and playing for Reservoir and other clubs around the city.  He travelled to Melbourne over nine years to watch you play and socialise with your team.  He also described your health issues and the addiction to pain killers that followed.  Depression and anxiety followed and then the insidious presence of ice and other drugs.  He visited you regularly without family members whilst in reclusion.

65The most recent letter speaks of your progress through the rehabilitation programs to which you have responded.  He wrote of a wonderful change in your attitude to life and family.  You present with a newfound clarity, concern for yourself and others, confident and a great will to return to the community as a responsible citizen.  They will provide you with accommodation.  He writes of your application for two positions of work in Benalla.  These letters reflect the great support and love your parents have shown.

66I also received a letter of support from Dr Rosemary Lester, a former chief health officer of Victoria, your aunt.  She speaks of your fundamentally good character, your family support in your rehabilitation and reintegration.

67Two medical reports were received by the court about your medical situation.  Dr Paul O'Dwyer has been your treating practitioner for all of your life and he describes your significant struggle with chronic perennial bowel disease and consequent addiction.  He says the condition is not amendable to cure and you will suffer ongoing pain.  He says your condition is a long term condition which is difficult to treat over a long period and in a prison environment leading to an exacerbation and further major secondary depression.

68Mr James Kek, a colorectal surgeon wrote of the intention to return to aggressive treatment in the future for the fistula.

69Finally, Warren Simmons, a psychologist, provided a report dated January 2020.  He recited your personal relationship, drug and alcohol, education and employment history in some detail, as well as the medical history.  He wrote that you did not attempt to minimise your offending.  There are no significant antisocial personality traits and he felt that rehabilitation focused disposition would aid your prospects and your future.

70This morning I have received confirmation from Maria Hutchinson from the cottage by letter dated 6 October 2020, that you continued your treatment there to complete the full 15 week program and have continued to participate in the daily activities and workshops and have produced clean and clear urine analysis throughout this time.

71Your father has also confirmed in writing that you will be residing with your parents at least in the foreseeable at Kialla.  You have applied locally for other work, including one with family friends who have a laundry operation in Mooroopna.  I will exhibit the letters as Exhibits 9 and 10.

72I do also consider the issue of totality by reference to the total period of incarceration which you have served since the 2018 sentence.  In the sense that in the face of the time served and opportunity to continue to access rehabilitation efforts is in my view to the benefit not only of you directly but in the long term of the community.

73The sentence for Charge 30 is conditioned by the provisions of ss.16(3BA) of the Sentencing Act.  A breach of a term of condition of parole must, unless otherwise directed by the court because of the existence of exceptional circumstances be served cumulatively on any term of imprisonment imposed for the offence commitment whilst released on parole.

74In my view, the progress made through rehabilitative efforts over the past six or so months from a position of drug addiction, drug involvement and criminality provides exceptional circumstances.  I intend that the sentence I impose will cover each charge, including Charge 30.

75It was argued that the particular motivation to commit the offence, being the threat, would constitute exceptional circumstances. I do not find this to be relevant to that determination.  Rather I ‑ ‑ ‑

76MS CHIBERT:  Your Honour, I'm awfully sorry to interrupt but it seems that
Mr Wilkinson has come off the link.

77HIS HONOUR:  Yes, I've just seen that.  Well, I'll just wait and see if there can be a reconnection and I'll just go back slightly.

78ASSOCIATE:  He's there.  Yeah, he's back, yeah.

79HIS HONOUR:  All right, well he's - we have him back.  Sorry, Mr Wilkinson, there was obviously a break in the ‑ ‑ ‑

80OFFENDER:  Yeah.

81HIS HONOUR:  ‑ ‑ ‑ transmission.  I'll go back slightly.

82OFFENDER:  Yep.

83HIS HONOUR:  Just to go back.  I don't have long.

84OFFENDER:  Yeah, I apologise, sorry.

85HIS HONOUR:  That's fine.  I don't have long to go.

86The sentence for Charge 30 is conditioned by the provisions of Sentencing Act, s.16(3BA). A breach of a term of condition of parole must, unless otherwise directed by the court because of the existence of exceptional circumstances be served cumulatively on any term of imprisonment imposed for the offence commitment whilst released on parole.

87In my view, the progress made through rehabilitative efforts over the past six or so months from a position of drug addiction, drug involvement and criminality is exceptional circumstances required under the section.  I intend that the sentence I impose will cover each charge, including Charge 30.

88It was argued that the particular motivation to commit the offence, being the threat, would constitute exceptional circumstances.  I do not find this to be relevant to that determination.  Rather I have based this determination, I repeat, to the excellent prospect as to reclamation which you have undertaken by rehabilitative work to be exceptional.  I find that you have good prospects of rehabilitation through your own efforts and that of your family.

89The regime at the Circuit Breaker program and at the cottage are to some extent restrictive and controlled.  In my view, a community corrections order can adequately in your case meet the important sentencing purposes and principles which must be addressed.  A work component to be attached to the order will further impose a punitive aspect which is appropriate in this case.

90You were assessed as suitable for such an order and I order that on each of all charges on the indictment you be convicted and placed on a community corrections order for two years, to include treatment and rehabilitation for drugs, treatment and rehabilitation for medical conditions as appropriately directed by the correctional services and supervision.

91I understand that during this pandemic situation community work has been curtailed. I will make an allowance for 50 hours of treatment credits, pursuant to s.48CA of the Sentencing Act, but will nevertheless order that in the life of the order and when the pandemic will allow you will perform 200 hours of community work.  You will have to arrange for Corrections as to the best way to fulfil that condition should you obtain other work in the meantime.

92Your efforts over the last six months have persuaded me to adopt this course.  It is appropriate in my view.  It is also meant to assist your reclamation away from the type of conduct which brought your before the court, which was serious criminality.

93You must be of good behaviour.  If you do commit further offences or breach conditions of the order I can impose a penalty on your for the breach, which includes incarceration and can resentence you on these original charges.  That would inevitably be a prison sentence.  Do you understand, Mr Wilkinson?

94OFFENDER:  Yes, I do, Your Honour.

95HIS HONOUR:  Just to complete the sentence, you have served 25 days by way of pre-sentence detention.  But because this is a non-combination sentence I will declare that there are nil days of pre-sentence detention and have that noted for the court's record.

96But for your plea I would have sentenced you to one year and 10 months' imprisonment with a non-parole period of 12 months.

97This order must be made with your consent, Mr Wilkinson, I take it that you consent to such an order being made?

98OFFENDER:  Yes, I do, Your Honour, thank you.

99HIS HONOUR:  You have to have clear in your own mind an understanding of this order works.  You are to report to the appropriate officers within a brief period of time, that is to the Shepparton offices so that you can through an induction.  And then you should understand that you will be required perhaps to attend either appointments in person or by telephone.  So it will be important to have a telephone and to give that information the correctional authorities.

100It is important if you wish to not breach this order that you remain in contact with the correction services and not lose engagement with them.  That is including giving information to them about your life, where you are living, your work, should you obtain any, which I hope you will do and to continue with the appointments that are made and I would suggest that like Ms Hutchinson's suggests that you continue your engagement with the cottage over a period of time.

101I must make it absolutely clear to you that if this order has been made for your ongoing rehabilitation back into the community and because it's my view that the community will benefit from your rehabilitation fully, you have work skills that you can apply.  You have work that you have applied for and perhaps into the future something that is closer to your skill set.  You have a family that is supportive of you and you have a place to begin with where you can stay.  I really hope that you can take whatever you have learnt from these last six months and apply it in your life so that you stay away from drugs, because you have got more important things to take care of it and you can have a good life.  You have a significant matter of your health to take care of and that will be continuing, but if you go back to drug use I think that you and I, and everyone, can guess what the outcome of that will be.

102OFFENDER:  Yeah.

103HIS HONOUR:  So this is really a matter that is for you.  But I am confident that you can give this a go, given what you have done in the last six months, do you understand?

104OFFENDER:  Yeah, I do and I would like to thank you for having, um - having the faith in me for actually, you know, doing what I've done and completing this CCO.

105HIS HONOUR:  Well, you have got this responsibility hanging over your head with you for quite a period of time to go but I am confident that that will not be something that will require you to go beyond your capabilities and that you will continue along the way.

106OFFENDER:  Yes, thank you.

107HIS HONOUR:  Now the paperwork, Ms Chibert, I will have that electronically sent to you and perhaps Mr Wilkinson will be able to access that in some way.  Where are you, Ms Chibert?  Are you locally in Melbourne or somewhere else?

108MS CHIBERT:  I'm in Melbourne, Your Honour.  But if the paperwork is sent to me I can arrange for it to be sent to the cottage, signed, returned and then returned to the court.

109HIS HONOUR:  Good.  Yes, thank you.  Mr Batten, were there other ancillary orders that were sought in this matter?

110MS BATTEN:  There's not ancillary orders, Your Honour.  Can I just say something about the time that Mr Wilkinson has served.

111HIS HONOUR:  Yes, I ‑ ‑ ‑

112MS BATTEN:  Your Honour mentioned a figure of 25-26 days.

113HIS HONOUR:  Yes, I think that there's a - the formula that I've adopted was recently spoken of in a Court of Appeal decision where it was said that s.18 requires some statement to be made and if it is not declared as a sentence in part which has been served by reference to the sentence imposed by the court then the formula that can be adopted is to say that there are in fact no days by way of pre-sentence detention and noted in the records of the court in the way in which I've done.

114MS BATTEN:  Yes, the only query I had, Your Honour, is - I think Your Honour mentioned a figure of 25 or 26 days, I think ‑ ‑ ‑

115HIS HONOUR:  Is that not right?

116MS BATTEN:  I think ultimately Mr Wilkinson did serve 33 days.

117HIS HONOUR:  Right.

118MS CHIBERT:  Yes.

119MS BATTEN:  Between 6 February and 10 March when he was bailed, because that figure Your Honour quoted was from an earlier date prior to the grant of bail.

120HIS HONOUR:  Yes, I beg your pardon.

121MS BATTEN:  So in the end I think it's 33 days.

122HIS HONOUR:  Yes, so the reference to the time served should be to 33 days.  Thank you for that.

123MS BATTEN:  Yes.

124HIS HONOUR:  Yes, thank you for that.  All right, well thank you both for your assistance in this matter, it's taken some time to resolve but I'm grateful for your assistance nevertheless, thank you.

125MS BATTEN:  Your Honour please.

126MS CHIBERT:  Thank you, Your Honour.

127OFFENDER:  Thanks, Your Honour.

128HIS HONOUR:  Sine die.

‑ ‑ ‑