Director of Public Prosecutions v Wood (a pseudonym)

[2022] VCC 1457

IN THE COUNTY COURT OF VICTORIA

AT WANGARATTA

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

DIRECTOR OF PUBLIC PROSECUTIONS

v

JORDAN WOOD (A PSEUDONYM)

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JUDGE:	HIS HONOUR JUDGE LYON
WHERE HELD:	Wangaratta
DATE OF HEARING:
DATE OF SENTENCE:	1 September 2022
CASE MAY BE CITED AS:	DPP v Wood (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2022] VCC 1457

REASONS FOR SENTENCE
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Subject:Criminal Law

Catchwords:              

Legislation Cited:  Crimes Act 1958 (Vic); Firearms Act1996 (Vic)

Drugs, Poisons and Controlled Substances Act 1981 (Vic);

Road Safety (Drivers) Regulations 2019 (Vic); Road Safety Act 1986 (Vic); Sentencing Act1991 (Vic)

Cases Cited:Azzopardi v The Queen [2011] VSCA 372; 35 VR 43; 219A Crim R 369.

Sentence:  24 months confinement in a Youth Justice Centre; 15 months Licence Disqualification; Compensation Orders

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr R. Pirrie	Office of Public Prosecutions
For the Accused	Mr C. Morgan	Mr G.Clancy

HIS HONOUR:

1Jordan Wood,[1] you have pleaded guilty to the following offences, which carry the following maximum penalties:

[1] A Pseudonym.

No.	Charge	Maximum Penalty
1, 2, 5, 6, 7, 8	Theft contrary to s.74 of the Crimes Act 1958	10 years (Level 5) imprisonment or 1,200 penalty units.
3	Armed robbery contrary to s.75A of the Crimes Act 1958	25 years (Level 2) imprisonment or 3000 penalty units.
4	Possession of an unregistered Category A Longarm contrary to s.6A(1) of the Firearms Act 1996	2 years (Level 7) imprisonment or 120 penalty units.
9, 10	Possession of a drug of dependence, namely methylamphetamine and Cannabis L, contrary to s.73 of the Drugs, Poisons and Controlled Substances Act 1981	1 year (Level 8) imprisonment or 30 penalty units.
Summary Charge 12	Learner driver drive vehicle without supervising driver contrary to r. 47(1) Road Safety (Drivers) Regulations 2019	10 Penalty units
Summary Charges 18, 23, 24, 25	Failing to stop vehicle on police request contrary to s.64A of the Road Safety Act 1986	6 months imprisonment or 60 penalty units or both.
Summary Charge 21	Drive in a manner dangerous contrary to s. 64 Road Safety Act 1986	2 years imprisonment or 240 penalty units or both.

2You have no prior convictions.

3The offence of armed robbery to which you have pleaded guilty is a category 2 offence, as you were armed with a firearm at the time of committing the offence.  The law provides that I must sentence you to a term of confinement (not involving a combination with a Community Corrections Order), unless I am satisfied that there are substantial and compelling circumstances which are exceptional and rare.

4Your counsel Mr Morgan did not submit that there are substantial and compelling circumstances which are exceptional and rare in this case.

5On the charge of dangerous driving, you face a disqualification of not less than 12 months due to the speed at which you travelled.  Further, on the charge of theft of a motor vehicle, you face a further suspension or cancellation of your licence for a period of time.

Circumstances of Offending

6I turn now to the circumstances of your offending.

7The Crown tendered the summary of prosecution opening as Exhibit A.  
A summary of your offending is as follows:

8On five occasions between 16 December 2021 to 18 January 2022 you stole petrol by filling your car and/or jerry cans and driving off without paying for them.  They were:

(a)   16 December 2021 - $131.22;

(b)   21 December 2021 - $105.80;

(c)   10 January 2022 – $55.23;

(d)   12 January 2022 – $200.19; and

(e)   18 January 2022 – $51.32.

9On 10 January 2022 just before 7:00am you and your co accused Natalie Pieper and Chloe Burnside entered a Caltex service station in Benalla.  You were carrying a shot gun which you later told police was loaded, but the safety catch was engaged.  You held the shot gun in both hands up towards the ceiling and demanded cigarettes.  You and your co-offenders stole $950 in cigarettes and cash from the console operator.

10You were seen by witnesses to act suspiciously at two other petrol stations within one hour period on the same morning.

11On the same morning you were ordered to stop by police but failed to do so.  Your speed was noted at up to 150 kilometres an hour.

12On 15 January 2022 you were seen attempting to overtake two trucks by driving into the inside emergency lane.  Police tried to intercept you but you drove off.  Your speed was noted at up to 150 kilometres an hour.  Police abandoned the attempt for safety reasons.

13On 18 January 2022 police found the shot gun you used in the armed robbery in an abandoned car.  On the same day, you stole a Daewoo sedan from a car park.

14On the same day 18 January 2022, and then again on 28 January 2022, police attempted to intercept you but you failed to stop.  On 28 January 2022, you swerved into the left lane before re-entering the right-hand lane, narrowly avoiding a collision.

15At the time of all of these driving incidents, you were unsupervised.  As a learner driver you are required to have a fully licensed driver in the vehicle with you.

16When you were arrested, police found methylamphetamine and cannabis in your possession together with a glass ice pipe.

17You were interviewed by police.  After some initial hesitation, you made full admissions to the offending.  It was you who told the police that the shot gun was loaded during the course of the armed robbery, but that you had the safety catch engaged.  You also told police that you did not point the shot gun at the console operator.  This was borne out by the CCTV footage.

18Although you were only 18 years of age at the time of your offending and you have no prior convictions, you were remanded in custody to an adult prison.  You have spent 211 days excluding today in custody in an adult prison by way of presentence detention.  I will reckon that period as already served.

Objective Gravity and Moral Culpability

19I now turn to a consideration of the objective gravity of your offending and an assessment of your moral culpability.

20The seriousness of the offence of armed robbery can be determined immediately by its maximum penalty of 25 years' imprisonment. Moreover, in circumstances such as these, where a firearm is used in the course of the commission of the offence, Parliament has characterised the offending as a category two offence. This requires the court to impose a period of confinement under Part 3 Division 2 of the Sentencing Act.[2]

[2] 1991 (Vic).

21As I have already observed, Mr Morgan, who appeared on your behalf, accepted that there were no substantial and compelling circumstances in your case which would justify the imposition of a different sentence.  I will return to the specific submissions later in these remarks.  For now however, I will continue to consider the objective seriousness of your offending.

22By your admissions to police in the record of interview and your plea of guilty to Charge 3, you admit that the armed robbery was committed in the most serious of circumstances, that is you took a loaded weapon into a soft target in the early hours of the morning, when you were sure there was no one else around. You did so in the company of three other people; one who assisted you and one who the Crown allege filled the role of driver.

23Targeting a single female console operator providing an essential service to the public is a disgraceful act.  In the absence of actual violence, the threat and intimidation caused by the production of the weapon has had a dire, life-altering, adverse effect on that person's perception of safety and her psychological and emotional well-being.

24Mr Pirrie for the Crown read the victim impact statement in court.  The target of your callous actions has been affected to the point where she will not enter Benalla and her ability to work has been severely restricted.  Her enjoyment of life has been depleted and she fears that her relationship is under strain because there is nothing in her everyday life which she can now take for granted.

25She has had to undergo counselling on a regular and frequent basis.

26It was you and your callous actions that caused this upheaval in the victim's life.  And I acknowledge the courage and integrity of Ms White in participating in today's proceedings.

27Your driving in the period of your offending was also objectively dangerous.  The charge of dangerous driving was attended by a dangerous overtaking manoeuvre and dangerous speed.  Your driving on this occasion put other road users at risk.  The speeds at which you evaded police interception were also highly dangerous to yourself and other road users.  You may think you know how to drive, but you do not have the years of experience and hours on the road from which the majority of drivers gain both the sense of and necessity of slowing down and driving within the road rules.  Your driving was all the more foolish for the fact that you were not, and never have been licensed to drive except under supervision.

28The Crown submitted that the dominant sentencing purposes in this case are deterrence, just punishment, denunciation, protection of the community and because of your age, a focus on rehabilitation so far as is allowable.  I agree.  Your offending must be met by a further period of confinement to send the message to others that the law will punish those who engage in this dangerous and violent behaviour such as yours.

Personal Circumstances

29I turn now to your personal circumstances. 

30You are 19 years of age, being born in July 2003.

31Your parents separated when you were young, and you have spent time living with each of them.  Your mother remarried, lives in Howlong with her partner and she works as a chef.  You reported something of a past turbulent relationship with your mother although it appears the relationship is much improved and much closer now that you are drug-free.

32You have three siblings.

33You were bullied verbally, and occasionally physically, during primary and secondary school.  You were expelled from school at age 15 for smoking cannabis.

34Your father works his own hundred acre farm and is a contract farmhand in the Barnawartha district.  Your father's farmhouse burnt down 15 years ago and when you resided with him, you were effectively living in a tin shed with no heating or cooling.  Although you have described your father as being pretty tough at times and pretty demanding, you also consider that you have a good relationship with him.  You and your father share a history of and ethic for hard work.  You worked regularly with your father as a farm hand, and spent a year working as a shearer.  You also generated an income from collecting and recycling cans and bottles.  Your grandfather described you as a compulsive worker since childhood.

35You started drinking when you were 15, and had become a heavy drinker by the time you were aged 16 or 17.  Since that time, you were drinking most days, and in the last few years, you were drinking up to 12 cans of Bundaberg rum a day.

36You started smoking cannabis at age 14, typically smoking daily from age 15.  In the last few years, you were smoking two or three grams of marijuana a day.

37At around age 15, you were introduced to methylamphetamines.  By the age of 16, you were a frequent, and sometimes daily smoker of methamphetamines.  Until your arrest, you were typically smoking between three points and half a gram of methamphetamine nearly every day.  You have also used MDMA and speed in the past.

38It appears your drug and alcohol use was critical through 2020 and 2021.  You reported to Psychologist, Jeffrey Cummins that you were bashed and robbed in Albury in June 2020, and robbed of money and drugs at gunpoint in Wodonga in August 2021, both incidents which you attribute to your involvement in the drug scene.

39You have never received counselling or treatment for your drug or alcohol use.

40You have had two short term casual intimate relationships.  You were in a relationship which broke down shortly before your offending, after you discovered your partner had been unfaithful.

41Since being remanded, you have completed a drug and alcohol course, a short anger management course and some other short education courses.  You are currently working as a maintenance billet.

42You instructed your counsel that you have not used drugs since entering into custody and you have returned one clean urine sample.  You told Mr Cummins that this was the first time you had been drug free since you were 16.  You told your counsel and Mr Cummins that you intend to remain drug-free on your release back into the community.

43You have regular contact with your family members.  And as I have said, you have no prior criminal history.

44I received the character references provided by Ms Sheryl Pitman, Peter Knight and David Longley, a local councillor.  All speak of you as a far different person to the young man that committed this criminal offending.  It is apparent that before this offending, you had the support and respect of these people.  You will again need the support of people like this and of your family upon your return to the community.  To do so however, you will first have to win back their trust.

45Your grandfather gave character evidence on your behalf.  He has been an intimate part of your life as your grandparents spent time looking after you when your parents separated.  I have mentioned that he described you as being a compulsive worker.  He greatly admires your work ethic.  Your grandfather remains a key support and has sounded out job prospects for you upon your release.

Psychological Report – Jeffrey Cummins

46I turn now to the psychological report of Jeffrey Cummins.

47Mr Jeffrey Cummins provided a comprehensive report after interviewing you on 15 and 18 July 2022.

48Mr Cummins observes that you spoke in an apologetic and remorseful manner but he considers that your insight into your offending behaviour was relatively limited, because you are immature for your age.

49Mr Cummins assessed the risk of you committing further criminal offences of violence as moderate.  The major risk factor for you returning to criminal offending stems from the potential for you to return to alcohol or drug use, or both.  A further risk emanates from psychological and emotional reactions that you suffered at the ending of your relationship.

50From his investigation, Mr Cummins concludes that you report symptoms indicative of a major depressive disorder which, in his opinion stems from the end of your relationship (to which I have just referred). Mr Cummins considers you require mental health treatment and therapy to address:

(a)   Your relationship issues;

(b)   Your psychological immaturity;

(c)   Your anger management; and

(d)   The need to develop insight into your offending and the consequences of your offending.

51Mr Cummins further considers that you suffer from an alcohol use disorder, a cannabis use disorder and a stimulant use disorder; all severe in type.  You reported to Mr Cummins that your drug and alcohol use increased after your relationship ended.

52It is apparent that you require considerable treatment and counselling in order to prevent a relapse into drug and alcohol abuse upon your release back into the community.

Sentencing Submissions

53I turn now to the sentencing submissions made by the parties.

54Mr Morgan who appeared on your behalf submitted that the following factors should operate to mitigate your sentence:

(a)   Your plea of guilty at the committal mentions;

(b)   

You expressed remorse by your plea of guilty, and then to

Mr Cummins, and then by your letter of remorse;

(c)   You made full admissions in your record of interview;

(d)   You suffered from drug and alcohol dependencies;

(e)   I must have regard to the sentencing principles relating to the fact that you are a young offender and you still remain of youthful age;

(f)    Rehabilitation is an important sentencing factor for young offenders; and concurrently

(g)   Your actual prospects of rehabilitation putting aside, those that flow from the fact that you are young.  Mr Cummins assessed your risk of reoffending as moderate, no prior criminal history, you are abstaining from drug use during your imprisonment, you have completed courses in custody, and you have strong family support.

55Ultimately, Mr Morgan, as I say, accepted that you face a term of confinement.  He submitted that a youth justice centre order is appropriate, or if a sentence in an adult gaol was imposed, a shorter non-parole period may be appropriate in the circumstances.

56Mr Pirrie who appeared for the Crown submitted that the only appropriate sentence is a period of confinement.  Mr Pirrie submits this stems from the objective factors I outlined earlier which inform the seriousness of your offending, and from the statutory requirement of the confinement under the category 2 offences.

57The Crown however concedes that the following matters are relevant as mitigating considerations;

(a)   Your young age;

(b)   Your plea of guilty, and admissions made to the police;

(c)   Your absence of a criminal history; and

(d)    The need to promote your rehabilitation due to your youth.

58Mr Pirrie on the plea, accepted that a period of confinement would be served by way of a Youth Justice Centre Order.

Analysis

59I turn to my analysis.

60First, I do take full account of your plea of guilty and of your youth.  I am going to quote from a court case of Azzopardi 35 VR,[3] where the court said in parts the following principles apply to consideration of those who offend at a young age.

'First, young offenders being immature are therefore "more prone to ill-considered or rash decisions".  They "may lack the degree of insight, judgment and self-control that is possessed by an adult".  They may not fully appreciate the nature, seriousness and consequences of their criminal conduct.'

'Second, courts "recognise the potential for young offenders to be redeemed and rehabilitated".  This potential exists because young offenders are typically still in a stage of mental and emotional development and may be more open to influences designed to positively change their behaviour than adults who have established patterns of anti-social behaviour.  No doubt because of this potential, it has been stated that the rehabilitation of young offenders, "is one of the great objectives of the criminal law".  The effective rehabilitation of a young offender protects the community from further offending.'

'Third, courts sentencing young offenders are cognisant that the effect of incarceration in an adult prison on a young offender will more likely impair, rather than improve, the offender's prospects of successful rehabilitation.  The likely detrimental effect of adult prison on a youthful offender has adverse flow-on consequences for the community.'

[3] Azzopardi v The Queen [2011] VSCA 372; 35 VR 43; 219A Crim R 369.

61So Mr Wood, what that quote is saying, what the Court of Appeal was saying is that there are three factors that I need to consider in sentencing you.  The first is that because you are young, you are more likely to be making bad judgement calls in moving towards criminal offending.  And that stems from your immaturity.

62The second is, that the courts say the experience of the criminal law is that if the right sentencing disposition is put in place on those of a young age like you, when you are 18 or 19 years of age, if you take the opportunity that is going to be given to you now, the chances are that you can go on and lead a good life, and rehabilitate yourself.  And by rehabilitation I mean, not commit further offences, not go back to alcohol abuse, not go back to drug use.

63And the third is that, although you initially told your counsel that you are coping alright in prison, the sort of people that you are going to meet in there and become friendly with, it is likely to have - it is more likely to have a bad effect on you than a good effect.  So the experiences of criminal law is that the person of your young age with no prior convictions, that if it is possible we should move you out of the adult prison, so that you serve the balance of your sentence in a Youth Justice Centre.

64Now, having said that though, whilst the promotion of your prospect for rehabilitation are of considerable importance in this case, they are not the only consideration.  The law recognises that the seriousness of an offender's crimes may mean that the promotion of rehabilitation must take a backseat.

65In this case, I consider that the principles of sentencing such as deterrence, denunciation and just punishment must be given some prominence; but not so as to extinguish the need to promote your rehabilitation.

66As I have already said, a sentence for a category 2 offence may be served in either gaol or a Youth Justice Centre, as both are covered by Part 3 Division 2 of the Sentencing Act.[4]

[4] 1991 (Vic).

67Taking into account your plea of guilty, the admissions you made in your record of interview, the remorse that you expressed to Mr Cummins and the letter of remorse that you provided to me, and that you have spent well over six months in an adult prison, although as I say you do not appear to have unduly suffered in that environment.  I consider that for these reasons, combined with your young age, your lack of prior convictions, Mr Cummins’ report, and your actual prospects for rehabilitation, that you should be given the opportunity to serve the balance of your confinement in a Youth Justice Centre.

68

So, for that reason, at the end of the plea hearing, I requested a

Youth Justice Centre Assessment report.

69I received the report of Mia Catchlove dated 30 August 2022. The assessment report was authored by her and the general manager Northwest metropolitan region, and they assess you as suitable for a Youth Justice Centre order. The assessment concludes, in accordance with s32 Sentencing Act that there are reasonable prospects for your rehabilitation and that you are likely to be subject to undesirable influences in an adult prison.  And further, that you are potentially immature.  The evidence of Mia Catchlove before me today noted several factors from the assessment.  Ms Catchlove recommends that whilst undergoing a Youth Justice Centre order, programs that you should undertake concern addressing your mental health, your alcohol and drug use, negative peer relations and look towards courses that may enhance your chances of undertaking full-time and stable employment.

70I know you have a good work history, Mr Wood, but if you can undertake courses it might even help you even further and it will be of assistance to you going into the future.  I would ask you Ms Catchlove as you are listening to this, that take into account also, Mr Cummins recommendation that Mr Wood undergo anger management.  I know he's undertaken it on the course, but more in that regard would be of assistance.

71Now, ultimately, the report of Ms Catchlove notes that you have been afforded some limited opportunity to engage in offence reduction interventions that target your criminal offending.  You have completed a 24-hour alcohol and drug course and a short anger management course.  The report notes that although you are new to violence in your criminal offending, this was influenced by your substance abuse.  You have already responded appropriately to authoritative figures whilst in prison on remand, moreover the report considers that you have demonstrated sincere victim empathy since you have been on remand and you have had a supportive family.

72The report further notes that you have no prior criminal history and so this is your first time in confinement and it has been served so far for 211 days on adult remand.  The report notes your history being bullied at school since your primary years and considers that this was at least a principle factor in leading to your substance abuse from a young age.  The report notes you have been diagnosed with major depressive disorder and your offending occurred in the context of emotional dysfunction following the dissolution of your relationship.

73As I have said, you were assessed as fulfilling both criteria under s32 of the Sentencing Act.

74Taking into account the report, the matters put on your behalf by your counsel, the psychological report of Mr Cummins and the evidence of Ms Catchlove today, I consider that in the end the protection of the community will be best achieved if you can be steered away from drug and alcohol abuse, if your mental health needs can be addressed and if you steered away from committing further offences.

75I conclude that you have good prospects for your rehabilitation.  Besides your young age, which presumes your prospects are good, you have an impressive work history and an impressive work ethic.  You have solid family support.  Your family are law abiding, they are all willing to take you back, to give you a home and to re-establish you back at work and in the community.  All of these pro-social supports will assist you upon your release from custody.

76Ultimately, your prospects for rehabilitation depend upon you Mr Wood.  They depend on your attitude, your determination to remain drug free, to take up assistance when offered and to keep out of trouble.  It is not going to be an easy task for you, because it has been pretty ingrained in you, what's a quarter or a third of your life.  But you can do it.  You can keep out of trouble.

77So accordingly, I have decided that the principles of deterrence and denunciation can best be met, and proper regard can still be had to the objective gravity in any of your offending, by the imposition of a term of a Youth Justice Centre order.  So that is what I am going to do right now.

78I will make this note, you are a first offender and but for the period of confinement that is required and that I will impose for the armed robbery, many of these charges I would not ordinarily order a term of confinement, but I am going to do so, because of the constrictive terms of the category 2 offence and it means that you will serve all sentences together, rather than having other orders to face.  But in any event, should you be afforded the opportunity of parole by Corrections after a period determined by them, you will have a number of community commitments that you will need to meet in any event.

79Accordingly, I make the following orders:

Orders

No.	Charge
3	Armed robbery	Base sentence 24 months YJC
1	Theft	7 days
2	Theft	7  days
5	Theft	7  days
6	Theft	7  days
7	Theft	7  days
8	Theft	7  days
4	Possession of an unregistered Category A Longarm	3 months
9	Possession of a drug of dependence	7 days
10	Possession of a drug of dependence	$100
Summary Charge 12	Learner driver drive vehicle without supervising driver	$500
Summary Charge 18	Failing to stop vehicle on police request	Convicted and 1 month
Summary Charge 23	Failing to stop vehicle on police request	Convicted and 1 month
Summary Charge 24	Failing to stop vehicle on police request	Convicted and 1 month
Summary Charge 25	Failing to stop vehicle on police request	Convicted and 1 month
Summary Charge 21	Drive in a manner dangerous	2 months
TES	24 months YJC
PSD	Remanded on 1 February 2022	212 days reckoned as served
S6AAA	Sentenced to term of imprisonment for a period of 30 months with a non-parole period of 21 months

80So, as I say, some of the sentences are somewhat artificial, but they will give you the opportunity to (indistinct words) on the - on sentence.

Sentences

81Now, the sentences are as follows.

82The base sentence here is the charge of armed robbery, Charge 3 on that sentence you are convicted and sentenced to a term in Youth Justice Centre for a period of two years.

83On each of the charges of theft, that you face with the exception of Charge 7, on each of the charges of theft, you are convicted and sentenced to seven days' imprisonment.

84On Charge 7, you are sentenced to one month's imprisonment.  That is the theft of the car.

85For possession of an unknown registered Longarm, category A firearm, you are convicted and sentenced to three months' imprisonment.

86On the charge of methylamphetamines, you are convicted and sentenced to seven days in Youth Justice Centre. 

87On the charge of possession of cannabis, without conviction, you are fined the sum of $100.

88For driving a car as a learner without a supervising driver, on Summary Charge 12 you are convicted and fined the sum of $500.

89On Summary Charges 18, 23, 24 and 25, failing to start a vehicle on police request.  On each of those charges you are convicted and sentenced to one month in a Youth Justice Centre.

90On charge of driving in a manner dangerous, Charge 21, you are convicted and sentenced to be confined for two months.

91The presumption for Youth Justice Centres sentences is a presumption of concurrency.  That means that the terms that I have imposed Mr Wood are not added on top of each other, it is just the one sentence of 24 months confinement in a Youth Justice Centre.

92Now, I declare the period of 211 days pre-sentence detention reckoned as already served.  What that means is, that the period that you have already served, I have imposed two years, but you take the 212 days off that, all right?

93Your licence is cancelled and you are disqualified from obtaining a licence for a period of 15 months.

94The 6AAA declaration is a declaration that I must make.  But for your plea of guilty, I would have sentenced you to serve a period of imprisonment in an adult prison being a period of 30 months with a non-parole period of 21 months.

95

There are a number of compensation orders sought in relation to the thefts.

Mr Morgan do you have anything to say about them?

96MR MORGAN:  No, Your Honour, not opposed.

97HIS HONOUR:  All right, thank you.  I will make those compensation orders in chambers after this hearing.  And there's also a forfeiture or disposal order or orders.  Nothing to say on that, Mr Morgan?

98MR MORGAN:  Nothing to say Your Honour, no.

99HIS HONOUR:  Thank you, I'll make those orders in chambers, once I've had a look at them.  Mr Pirrie anything else from your perspective?

100MR PIRRIE:  Your Honour could I just clarify is the PSD 111 or 112?

101HIS HONOUR:  I've got 200 - I was told - - -

102MR PIRRIE:  It's either 211 or 212, sorry, Your Honour.

103HIS HONOUR:  I was told it was 212 including today, is it 212 excluding today?

104MR PIRRIE:  Correct.  (Indistinct words) - - -

105HIS HONOUR:  So 212 - 212 it is.

106MR PIRRIE:  Thank you, Sir.

107HIS HONOUR:  Thank you Mr Pirrie.  All right Mr Pirrie you're excused, you've got somewhere else to be, haven't you?

108MR PIRRIE:  Thank you, Your Honour.

109

HIS HONOUR:  All right, thank you.  Now, back to you Mr Wood

Mr Morgan do you want the opportunity to speak by video link to Mr Wood I can leave on the line?

110MR MORGAN:  No, Your Honour I'm due in court as well, so I - - -

111

HIS HONOUR:  All right, off you go, thank you for your attendance today

Mr Morgan.  Thank you for your help on the plea.

112MR MORGAN:  Yes, thank you, Your Honour.

113HIS HONOUR:  And I just want to thank Ms White and Ms Pace for participating in today's hearing.  I know that sentencing can be confusing and beguiling and not a very satisfying exercise for the victims of crime, but that's the sentence according to the law and legal principles.  All right, thank you all very much and I'll adjourn. 

114HIS HONOUR:  Thank you, I'll stand down now.

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