Director of Public Prosecutions v Younger
[2016] VCC 1321
•7 September 2016
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-15-00860
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ADAM YOUNGER |
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JUDGE: | HER HONOUR JUDGE PULLEN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 30 August 2016 | |
DATE OF SENTENCE: | 7 September 2016 | |
CASE MAY BE CITED AS: | DPP v Younger | |
MEDIUM NEUTRAL CITATION: | [2016] VCC 1321 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the Prosecution | Mr D. Weavers | Office of Public Prosecutions |
| For the Accused | Ms D. Caruso | Patrick W Dwyer |
HER HONOUR:
1 Adam Younger, you have pleaded guilty to one charge of robbery. The maximum penalty applicable to that offence is 15 years’ imprisonment.
2 This crime arises out of events which took place on 10 January 2015 and involved the victim of your offending, Bradley Birang.
3 It is not necessary for me to recount in great detail the facts of this matter as they are on transcript, the matter having been opened in some detail by the learned prosecutor consistent with Exhibit A. I proceed to sentence you on the basis of the facts as summarised by the prosecutor and discussed during the course of your plea hearing. It is sufficient for present purposes to say that the facts in this case are most serious.
4 I turn to a brief summary of your offending.
5 On the evening of Thursday, 8 January 2015, you met Elisa Smyrnis at a party being held at a friend’s house in Mernda. You and Ms Smyrnis spoke throughout the night and exchanged phone numbers. Later that night, you and she attended Epping Plaza Hotel in Epping. At the venue, Ms Smyrnis borrowed $200 from you to gamble. Later, you and she returned to your friend’s house in Mernda.
6 The following day, 9 January 2015, Ms Smyrnis went to a hotel in Heidelberg where she gambled on poker machines and won $5,000. This was paid to her in the form of a cheque payable to Ms Smyrnis.
7 Via phone contact with her that same day, she told you she had won $5,000 on the poker machines and told you that she would repay the $200 you had lent her the previous night.
8 You told her you knew someone who could exchange the cheque for cash immediately without having to wait the usual time and said you would organise everything and call her.
9 You sent numerous text messages to her and tried to call her numerous times that day. She ignored your text messages and phone calls.
10 On the following day, 10 January 2015, Ms Smyrnis continued to ignore phone contact from you, however, ultimately answered one of the calls and agreed to meet you to get the cheque cashed.
11 She made arrangements with her friend, Bradley Birang, to collect her in his vehicle and drive her to meet you at the Croxton Park Hotel.
12 At approximately 5.30 pm that day, Ms Smyrnis and Mr Birang arrived at that hotel. You were inside, but then came out of the hotel and met them both outside. You were on your phone at the time and said your friend, Rick, was coming to meet you.
13 Ms Smyrnis introduced Mr Birang to you. Mr Birang remained in his vehicle while you and she spoke outside the vehicle for about ten minutes.
14 You both made arrangements to get the cheque cashed and you, using your mobile phone, contacted a company called “We Cash Cheques” to arrange for someone from that company to attend the hotel and cash it.
15 Ms Smyrnis borrowed Mr Birang’s mobile phone and took a photo of the cheque to send the photo as a text message to We Cash Cheques.
16 While the three of you waited for the We Cash Cheques employee to arrive at the hotel, your friend, Rick, and another male attended and spoke with you for about five minutes. Ms Smyrnis recognised Rick from the party she had attended in Mernda a few nights’ earlier.
17 You told your friends why you and Ms Smyrnis and Mr Birang were waiting. Rick and his friend then went to get some food.
18 Ms Smyrnis, you and Mr Birang waited outside the hotel about 45 minutes for the employee from We Cash Cheques to arrive. During that time you went into the hotel for about five minutes.
19 Mr Ricky Singh from We Cash Cheques arrived at the hotel and called you on your phone to confirm he had arrived.
20 Mr Singh met Ms Smyrnis in his vehicle and they conducted a transaction in the car, with Ms Smyrnis receiving $4,690 cash after the company took its commission. The receipt of the transaction was signed and dated by Mr Singh and Ms Smyrnis at 6.57pm.
21 Ms Smyrnis was reluctant to carry that amount of cash in her handbag, so placed $1,100 in her purse, and the remaining cash in her bra. She then went to the front of the hotel where you and Mr Birang were waiting. Ms Smyrnis then attempted to repay the $200 she had borrowed from you. You would only accept $50. You took that $50 and gambled on poker machines at the hotel for about five to ten minutes. Ms Smyrnis and Mr Birang waited outside the hotel.
22 You returned to Mr Birang’s vehicle and suggested they drive to a nearby milk bar where your friends were. The three of you then drove to a milk bar in Spencer Street, Thornbury.
23 At that milk bar, Ms Smyrnis gave you the remaining $150 she had borrowed from you.
24 Your friends, whom you had met earlier at the hotel, were parked around the corner and you approached them to talk to them.
25 Ms Smyrnis went into the milk bar whilst Mr Birang stayed in the driver’s seat of his car. You returned to Mr Birang’s vehicle and stood outside the vehicle near the passenger side door. The window was wound down.
26 Mr Birang turned to look at you through the front passenger window and you hit him to the right side of his face with your fist. You then took Ms Smyrnis’ bag from the front passenger footwell in the car, which contained various items, including a watch, perfume, cosmetics, a silver necklace, drivers licence, Myki card, Samsung mobile phone, personal papers and $1,100 in cash. (Charge 1)
27 You then rang along Spencer Street and disappeared out of Mr Birang’s sight.
28 Ms Smyrnis returned from the milk bar and saw Mr Birang was shaken and had been injured.
29 Mr Birang dropped Ms Smyrnis at his home at about 7.00 pm that evening. She then reported the matter to police at approximately 9.00 pm that same night.
30 On 11 January 2015, police observed some minor bruising and severe swelling to the right side of Mr Birang’s jawline, which Mr Birang said was due to your actions.
31 In a further statement from Dr Vivian Pereira (Exhibit C), the doctor (GP) referred to examination of Mr Birang on 19 January 2015. She observed a haematoma to his cheek, consistent with considerable force approximately nine days prior. Mr Birang re-attended on 24 January 2015 for further treatment.
32 There was not a victim impact statement before me. Mr Birang had been given the opportunity to make a statement, however had declined. The prosecutor, Ms Lee, referred to his statement within the depositions, “Since the assault, the right side of my face has swelled up and is very sore. I am having trouble eating and talking. It is causing me considerable pain.”
33 Ms Caruso, who appeared on your behalf, did not suggest such were not the consequences of your assault upon him.
34 That same day, 11 January 2015 at approximately 2.00 pm, Sebastian Kempf was walking along Merry Creek Track in the Collingwood area when he saw a handbag near a tree, which he took to Collingwood Police Station. The handbag was identified as belonging to Ms Smyrnis. All the contents were in the bag except for the watch, perfume and $1,100 cash.
35 On 22 January 2015, you were arrested and upon being searched police located the mobile phone you had used to contact Ms Smyrnis.
36 In the record of interview with police, you said you knew Elisa Smyrnis and that you had lent her $200 to gamble on the poker machines. You admitted seeing Ms Smyrnis on 10 January and that she repaid the $200. You knew a man called Rick, but could not recall many of the specific details put to you during the interview. You denied any involvement in the robbery of Mr Birang.
37 You have admitted a number of prior court appearances.
38 Your first appearance was at Seymour Children’s Court on 1 May 2009 on charges of intentionally causing injury and unlawful assault. Without conviction, you were released on a Good Behaviour Bond for a period of four months in the sum of $100.
39 On 14 July 2011 in Perth Magistrates’ Court, you were charged with stealing and breaching a bail undertaking. At Perth Magistrates’ Court on 18 August 2011 you were before the court for stealing and fined $600.
40 I note you have committed offences subsequent to that before me in January 2015, specifically in April and May 2016. They are yet to be dealt with and I understand will involve pleas of guilty. This further offending is only relevant when assessing your rehabilitation prospects.
41 Your counsel, Ms Caruso, prepared a written outline of submissions for the your plea hearing and addressed them.
42 By way of chronology, there was a contested committal hearing in relation to the charge before me on 18 May 2015 and bail was then granted. On 3 May 2016, you were arrested on this offence because you failed to appear. On 11 May 2016, an offer was made to plead guilty to the charge of robbery and on 16 May 2016, you were arraigned on that charge.
43 There were two pending matters, to which I have previously referred, to be dealt with on 7 November 2016 at the Magistrates’ Court at Heidelberg, for offending some of which was subsequent to the charge before me.
44 Ms Caruso submitted your plea of guilty was entered at an early stage, the prosecution originally having charged you with a number of charges no longer proceeding. The prosecution accept your plea was early, although I note you denied the offending in a record of interview and a contested committal was conducted. However, you have avoided the need for a trial to be held and, therefore, you are entitled to have that fact taken into account in your favour and I do so.
45 The community, by your plea of guilty, has been spared the time and cost of a trial and witnesses, in particular the victim of your offending, has not been required to give evidence upon your trial.
46 In the circumstances, I am prepared to accept your plea of guilty indicates remorse for your offending.
47 Details were provided in a written submission regarding your background and history. You are 25 years of age, the youngest of six children. You have a close and supportive family, and your parents were in Court during your plea hearing. You receive visits from them in custody.
48 You attended Flowerdale Primary School then Yea High School until Year 9. While attending school you played local and district football and cricket.
49 You left school during Year 9 and began working with your father in the family wholesale fruit and vegetable business. You worked in the business until you were 17 then worked at Flowerdale Sprout Farm for two years before returning to your father’s business for approximately one year.
50 You then worked for a business call Kelly’s from age 20-23, then working off and on since in your father’s business, your main role as forklift driver.
51 Ms Caruso also relied upon a report prepared by Mr David Ball, Forensic Psychologist, dated 15 August 2016. Mr Ball saw you over three brief visits in May 2016. You were not prescribed any medication whilst in custody on remand and considered yourself to be in good health.
52 You did not present with or report any significant signs or symptoms of depression and/or anxiety and described your mood in stable terms. Mr Ball observed no evidence of frank mental illness. He assessed your IQ as falling within the lower normal range.
53 Overall, you impressed him as a person with a capacity for generally good judgment. However, your positive traits rapidly evaporated when under the influence of substances. Of this I am sure you are aware, as your history is of offending whilst substance affected, and that is an aggravating feature of this offending conceded by your counsel before me.
54 Mr Ball referred to your personal history obtained through self-report, which he did not confirm.
55 Regarding your family, you reported no domestic violence, mental illness or substance abuse. You and your brothers, you said, were well-cared for.
56 You left the family home when 18 to live independently, but had been “coming and going", I assume that means home, since that time.
57 When at school you described yourself as an average student with problems concentrating. You were asked to leave secondary school due to your absenteeism, but you did not report any issues with your social development.
58 You described a broadly consistent employment history within the wholesale fruit and vegetable industry, although were currently unemployed.
59 You described one significant intimate relationship and that you remained friends with your ex-partner.
60 You started drinking alcohol when 15 and described patterns of consumption consistent with binge drinking. You also acknowledged using cannabis during your teens but said you were no longer using that substance.
61 You said you began using amphetamines when age 18, and methamphetamine from age 21. You described yourself as addicted to the latter, using “anywhere up to a few grams a day”. You acknowledged the negative impacts of your substance use and that most of your prior offences were attributable to your substance use.
62 Regarding your offending, you said that had also occurred in the context of your substance addiction.
63 You expressed regret and remorse for your offending.
64 Mr Ball described you as satisfying DSM-V and diagnostic material for alcohol and stimulant use disorders and not satisfying any DSM-V criteria for mental illness, personality disorder, mood disorder or other pervasive syndromes.
65 Your counsel was not relying upon any Verdins[1] principles - all citations will be provided - and such was an appropriate concession on all the material in this case.
[1] (2007) 16 VR 269
66 You presented as well-supported by your parents and were keen to rebuild and carry on with your life.
67 You were determined, you said, to maintain abstinence from drug use, although I have some concerns about that, as I discussed with your counsel today, and also that you wanted to get your life back in order. Well I hope so, otherwise you will no doubt re-offend and return to Court and then gaol.
68 Your counsel submitted, based on the material before me, given your age and supportive family, that your prospects of rehabilitation were favourable. I am not as confident, rather in my opinion your rehabilitation prospects are guarded, confirmed today by discussion earlier with counsel this morning. They will obviously greatly improve if you are abstinent from all illicit drugs. Again, you know that and you are the only one who can change that course.
69 In sentencing you, I must seek to maximise the chances of your rehabilitation as they may be.
70 Ms Caruso conceded a sentence of imprisonment to serve was appropriate, however, urged it be in combination with a Community Correction Order, ultimately relying upon the principles in Boulton & Ors v R[2].
[2] [2014] VSCA 342
71 Ms Lee submitted the appropriate disposition could involve a combination disposition and that the time served to date with a Community Correction Order would be within the range of appropriate dispositions.
72 As I discussed with counsel, I did not regard your time to date in custody as sufficient and that a further period of incarceration was appropriate and then subject to your suitability, a Community Correction Order, and I discussed with your counsel on your original plea hearing date the proposed conditions of such an order.
73 I then arranged to have you assessed for your suitability or otherwise for a Community Correction Order and I received that report from the Corrections officer dated 30 August 2016. She assessed you as suitable for such an order. You presented as willing and able to comply with such an order.
74 You had not previously been involved with Community Correctional Services. I was concerned, however, to read of a recent incident in custody where you said your nephew was supposed to bring drugs into the prison for yourself and other inmates, and when he did not you were assaulted by those prisoners. That does not give me confidence regarding your future abstinence from drug use and thus impacts upon your rehabilitation prospects should you be on such an order.
75 I discussed my concerns with both counsel, which was earlier today on 7 September 2016, and there is a transcript of that no doubt at some stage, if necessary. You were prepared to risk your nephew’s "liberty" for your own needs, and all whilst in a controlled environment. You are yet to be tested in the community.
76 In my opinion, quite simply, you will be back, and if you do come back I will have to re-sentence you for this offence and you will return to prison.
77 I note the author of the report also described you as a high risk of re-offending, and I agree.
78 The author made a number of recommended conditions consistent with those that I had mentioned prior to your assessment.
79 All proposed conditions were apparently explained to you and you consented to the order being made in those terms.
80 I want you to listen carefully. Subject to your consent to being on a Community Correction Order, this is what I propose, and this is only if you consent. So you do not have to. If you say no, I will come up with another sentence, do you follow? I will think of something else.
81 You will serve a total of 10 months' imprisonment and then be subject to a Community Correction Order for 3 years following your release from custody.
82 However, before I formally announce that order, I should advise you of the following, and this is about that proposed order, so you can determine whether or not you really, really, really want to consent to it or not.
83 There will be a number of Core conditions attached to the Community Correction Order, and these apply to everybody, and includes you:
·You must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment. That could be anything. It could be driving whilst disqualified. Anything you would not even think of.
·You must report to and receive visits from the Secretary to the Department of Justice, or his or her nominee, that means a corrections worker, during the period of the Order, which is over 3 years.
·You must report to the Community Corrections Centre at Greensborough within 2 clear days of your release. If you do not, you breach the order. You come back to the court, back before me, and I have to re-sentence you. You will go back to gaol and I just increase the term. So it is all pretty simple.
·You must not leave Victoria without the permission of the Secretary to the Department of Justice, or his or her nominee, i.e. a Corrections worker. So no holidays unless you get permission.
·You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure you comply with the Order, the Secretary meaning Corrections worker, basically.
84 But there will also be a number of other conditions that apply specifically in your case, so these are additional conditions and they apply to you.
· You have to perform 200 hours of unpaid community work over a period of the first 18 months as directed by the Regional Manager (s.48C).
· You must be under the supervision of a Community Corrections Officer for a period of 3 years.
·You are required to be supervised, monitored and managed as directed by the Secretary, or his nominee, that is Corrections officers (s.48E).
· You must undergo assessment and treatment (including testing) for drug abuse or dependency as directed by the Regional Manager (s.48D(3)(a)). If they send you off for drug abuse, you have got to go and do it, testing and assessment.
· You must undergo programs or courses aimed at addressing factors relating to your offending as directed by the Regional Manager.
· You must not use drugs whilst on the order (s.48(1)). That is a tricky one, so they will take samples. You use drugs, you are back before me. You breach the order, I will re-sentence you, you will go back to gaol. Simple.
· You must attend for review of your progress, this is called judical monitoring, and compliance or otherwise with conditions of the Order and you have got to come back before me on 5 September at 9.30am (s.48K), so I will see you in a year's time. If I see you before that date, it means you are in trouble, effectively you have done something wrong. But otherwise, if I do not see you until 5 September it could all be very quick, the hearing, but it depends on you really.
· And this is another one. I direct that I be advised by your Corrections Officer of any non-compliance of these conditions (s.48(1)) and I will then determine if the matter has to come back before me. I will just tell you a little bit of the history about that. Sometimes Corrections only let you know after about the eighth unacceptable absence. Well, I do not understand that, because if I put someone on a CCO, they are so close to going in that eight, I just do not accept. So I ask that I am specifically told of the first unacceptable absence from anything. So if you are unacceptably absent to anything, I will see you again.
85 As I have previously stated, I can only impose a Community Correction Order if you agree to such an order being imposed. So I need to tell you just a little bit more about that.
86 I should advise you that if you contravene or breach that order by committing further offences you can be charged and a sentence of imprisonment is one of the options that can be imposed for that breach (see s.83A(d)), so if you breach the order by committing other offences, you get a sentence on those, plus you get a sentence for breaching my order, which could be gaol.
87 You can also be, and this would happen, re-sentenced for the offence before me, and one of the options available includes a term of imprisonment (s.83A(s)). Well that is what you would get, because there is nowhere else. Nowhere else to go. You do not have suspended sentences anymore, and I would have thought that would be the only appropriate disposition, if I come to the conclusion a combination disposition is appropriate at this stage.
88 So basically, that means you have to be extra careful for the next 3 years. That is a long time, and I do not think you are going to make it, frankly, but your counsel wants it and despite my very strong reservations about your ability to keep it, I will give you a chance. But as soon as you breach it, you will be back before me. You will go back to gaol. So I want you to think really carefully about that, because you have got to be really careful. You might be better off to do your time and forget about it and not worry about three years and seeing me again, because then you come out and then you have got to go back, and you know, it is awful. So hold on a minute, you can chat to your counsel. I still have to tell you more things. You have got to be extra careful for the next three years.
89 I also advise you that if you fail to comply with any direction of the worker, basically, that is a Community Corrections officer, a substantial fine can be imposed (see s.83A(e) and A(f)). So they sort of get you in all sorts of ways.
90 Now, being aware of all these conditions and being aware of the likely result if you breach any of these conditions, I have to ask if you consent to the Community Correction Order being made? Now, it looks like you wanted to have a chat to your counsel. Do you want to go back and have a quick word?
91 MS CARUSO: If I may, Your Honour.
92 HER HONOUR: Now that you know what I have said as well. Have the instructions changed?
93 MS CARUSO: Yes, Your Honour.
94 HER HONOUR: Do you want to get your solicitor and sign him up?
95 MS CARUSO: I will seek - - -
96 HER HONOUR: It is only for your benefit.
97 MS CARUSO: Yes, Your Honour. I will see if Mr Dwyer's available.
98 HER HONOUR: Yes. Well it is up to you. I am not urging you to.
99 MS CARUSO: No, I'll see if he's available. I'm not sure if he's in Northcote, Your Honour, he - - -
100 HER HONOUR: Well you might be able to just get your own little bit of paper.
101 MS CARUSO: In my brief book, but if I could have some time?
102 HER HONOUR: It is up to you, just suggesting.
103 MS CARUSO: Yes, Your Honour, thank you.
104 OFFENDER: Um.
105 HER HONOUR: No, you had better not tell me. Tell your barrister. So I will give you time. You pop downstairs, and I will see back here at 3.00 pm. How does that sound?
106 MS CARUSO: Yes, Your Honour, thank you.
107 HER HONOUR: All right, see you then? Is there anything you are not clear about, when you go down and see him?
108 OFFENDER: (Indistinct words).
109 HER HONOUR: All right, out you go. Thank you.
110 (In the absence of the accused.)
111 So anything you are not clear about?
112 MS CARUSO: No, Your Honour. I think what he's asking is, how long if it's straight, but I'll - - -
113 HER HONOUR: Well you go down and have a chat, all right?
114 MS CARUSO: Thank you.
115 HER HONOUR: But you know what it means.
116 MS CARUSO: Yes, I do.
117 HER HONOUR: Yes, all right. Well I will not have to tell you. All right, thanks.
118 (Short adjournment.)
119 HER HONOUR: All right. Now, what is happening? Ms Caruso?
120 MS CARUSO: Yes, Your Honour. Mr Younger does not consent to a Corrections order.
121 HER HONOUR: All right.
122 MS CARUSO: He is concerned about one slip up over three years.
123 HER HONOUR: What?
124 MS CARUSO: Well, slipping up and missing appointments.
125 HER HONOUR: Slipping up, I am sorry. I just missed the word.
126 MS CARUSO: His attitude is that he really does want to be off drugs. He wants to do that.
127 HER HONOUR: Well that is good. We will wait and see.
128 MS CARUSO: He's going to put his name down for drug and alcohol courses whilst in gaol and pursue that on his sentence, and he's - - -
129 HER HONOUR: Good. And of course, you get that if you are going out on parole as well. He will have the opportunity on parole now. You have to apply now for parole, as you probably may or not be aware.
130 MS CARUSO: Yes, Your Honour, however - - -
131 HER HONOUR: And he will get all those, he will have all those drug things, and of course, when you are on parole any dirty sample and you breach, potentially.
132 MS CARUSO: In any event, Your Honour, I would urge Your Honour to do a straight sentence in relation to this matter.
133 HER HONOUR: Yes. That is fair enough. You have got your instructions, and in the end it is a matter for your client. That is why you ask people if they consent or not.
134 MS CARUSO: Yes, Your Honour.
135 HER HONOUR: And I think smart people think about it, and that is what he has done.
136 MS CARUSO: Yes. Although his intentions are - - -
137 HER HONOUR: Well you see, that is what they all, that is what often people say, but it is hard yards.
138 MS CARUSO: Yes. And he does have the support, as you've heard, to also sometimes people can get that assistance on their own, without Corrections being involved. There are drug and alcohol counsellors he can self-refer to.
139 HER HONOUR: On parole, he will get assistance.
140 MS CARUSO: Your Honour, I'm urging Your Honour to do a straight sentence, rather than a parole sentence.
141 HER HONOUR: Why? Just a straight? No, no, no. That is not appropriate.
142 MS CARUSO: Yes, Your Honour.
143 HER HONOUR: No.
144 MS CARUSO: And I say that in light of the Crown's concession that time - and I know Your Honour's against that, that time served to date was appropriate without a combination.
145 HER HONOUR: Yes, but I thought their submission was time to date was all right, with a CCO.
146 MS CARUSO: No, Your Honour. Their submission was, in my memory, and my friend can reiterate that, that it was either a combination - - -
147 HER HONOUR: What, ten months?
148 MS CARUSO: No, it was - - -
149 HER HONOUR: Ten months is enough for this, or whatever? 244 days, what does that work out at?
150 MS CARUSO: Well, it is eight months and a day or two.
151 HER HONOUR: No, I disagree entirely.
152 MS CARUSO: I know, Your Honour. And that was their submission, Your Honour, it was time served or a combination.
153 HER HONOUR: No, I do not see that as enough, anywhere near enough. Anywhere near enough.
154 MR WEAVER: Yes, Your Honour, and I hear what Your Honour says, but just to confirm, the Crown position was that either a combination imprisonment and CCO or time served were both appropriate - - -
155 HER HONOUR: No, no. I do not agree with time served at all.
156 MR WEAVER: As Your Honour pleases.
157 HER HONOUR: All right. So I understand you do not want to go ahead with it, so that is the case. So therefore, I sentence you as follows.
158 On Charge 1, you are convicted and sentenced to 3 years' imprisonment, and then I direct that you serve a period of 2 years before you are eligible for parole.
159 Pursuant to s.6AAA Sentencing Act 1991, had you pleaded not guilty to this charge and been found guilty of it, I would have sentenced you to 5 years' imprisonment and set a non-parole period of 3 years and 6 months.
160 Pursuant to s18(4) Sentencing Act1991 I declare you have spent 244 days in custody, up to and including yesterday, which was 6 September 2016, by way of pre-sentence detention and I direct that be entered into the records of the court.
161 The prosecution made application for a disposal order. That was consented to by counsel on your behalf and I make the order in the terms sought.
162 The prosecution also made application for forensic sample pursuant to s.464ZF Crimes Act1958. That was consented to by counsel on your behalf, and it will be for a saliva sample. I make the order on the basis of the seriousness of this offending and your prior criminal history, and I must advise you the authorities may use reasonable force in order to obtain that sample.
163 All right, so have we got the PSD correct?
164 MS CARUSO: Two four three, Your Honour.
165 HER HONOUR: What did I say?
166 MS CARUSO: Two four four.
167 HER HONOUR: We will give you the extra day, if it is 244.
168 MS CARUSO: Thank you, Your Honour.
169 HER HONOUR: Did you have 243 or four?
170 MR WEAVER: Apologies, Your Honour, I've lost my Post-it note. I thought I had 244. Your Honour, my calculation was 244 as well.
171 HER HONOUR: Yes, well I think we will leave it at 244. The extra day does not hurt, and probably sounds appropriate. Ms Jackson usually calculates these things and she is usually accurate, so we will make it 244.
172 All right, so thank you very much. Thank you both for your assistance.
173 MS CARUSO: As Your Honour pleases.
174 HER HONOUR: All right, thank you.
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