DPP v Smith
[2018] VCC 75
•9 February 2018
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised (Not) Restricted Suitable for Publication |
Case No. CR-16-02140
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| TONY SMITH |
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JUDGE: | HIS HONOUR JUDGE RYAN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 9 February 2018 | |
DATE OF SENTENCE: | 9 February 2018 | |
CASE MAY BE CITED AS: | DPP v Smith | |
MEDIUM NEUTRAL CITATION: | [2017] VCC 75 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sentence – Conspiracy to defraud contrary to Common Law – Plea of Guilty
Legislation Cited: Sentencing Act 1991
Cases Cited: R v Verdins (2007) 16 VR 269
Sentence: 3 years imprisonment with a non-parole period of 2 years imprisonment; 62 days pre-sentence detention; Section 6AAA declaration: 4 years imprisonment with a non-parole period of 2 years and 6 months imprisonment; Forfeiture order; Disposal order; Restitution orders; Forensic sample order.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr J. Saunders | Ms J. Ellis Office of Public Prosecutions |
| For the Accused | Ms D. Hawkins | Mr R. Candelori McGirr Lawyers |
HIS HONOUR:
1 Tony Smith, on 8 August 2017, you came before me for trial charged that at Melbourne, between 4 August 2015 and 8 September 2015, you conspired, together with Yasser Ibrahim and diverse others unknown, to defraud diverse financial institutions in the state of Victoria. The maximum penalty for this offence is fifteen years imprisonment.
2 After about eight days of pre-trial argument, on 17 August, you pleaded guilty to the indictment. You were remanded on bail for plea on 17 November 2017. The purpose for the adjournment was so that you could consult with your treating physicians and other medical experts in Sydney, where you live with your family.
3 On 17 November, your plea commenced and was heard in part, but was adjourned because of your legal practitioner’s non-compliance with the practice notes of this court, in respect to the conduct of pleas. The Crown rightly insisted that the late service of expert reports placed it at a disadvantage and that the authors of the reports were required for cross-examination. Tendered as Exhibit A on the plea, was the summary of prosecution opening on plea, a document of some 62 pages.
4 Prior to the plea commencing, your counsel, Ms Hawkins, served a document on the Crown, disputing much of the contents of the Crown opening, Exhibit A. The plea was adjourned until 12 December. The further plea was listed for two days and counsel were directed to narrow the issues in dispute between the Crown and the defence. Further, Ms Hawkins was directed to file submissions for the plea. Interstate subpoenas were issued to be served upon Dr Elarif, your general practitioner, and Dr Malik, psychiatrist.
5
The Crown case against you can be simply stated. Together with your co-conspirator, your brother-in-law, Yasser Ibrahim, you travelled from Sydney to Melbourne and used “gift cards”; that is, plastic cards capable of being encoded with genuine, but stolen banking information, at automatic teller machines (ATM’s) in the Melbourne Central Business District. The overt acts of the conspiracy occurred on 4, 5, 6, 7, 17,18, 21 and 23 August 2015 and 7 and
8 September 2015.
6 During the period of the conspiracy, you and your co-conspirator obtained $26,584, as a result of successful withdrawals from ATMs and attempted to obtain a further $22,074. These bare facts, however, are not the true measure of the nature of the conspiracy.
7 On 4 August, you conducted a total of thirteen transactions on four occasions at two ATMs, between 6.50 pm and 7.45 pm. Your actions were caught on the ATM closed circuit television (CCTV). Later that evening, you were caught on CCTV returning with your co-conspirator, Ibrahim, to your accommodation at 39 Lonsdale Street, Melbourne.
8 On 5 August, between 2.09 pm and 2.15 pm, you conducted eight transactions on two ATMs. Again, you were recorded returning to your lodgings with Ibrahim later that day.
9 On 6 August, between 2.27 pm and 2.34 pm, you made seven transactions on two ATMs and again were recorded on CCTV returning to your accommodation with Mr Ibrahim at 5.49 pm.
10 On 7 August, you conducted one transaction on the ATM of the HSBC Bank at 188 Swanston Street at 2.40 pm. During the period of 4 to 7 August, you attended and tried to obtain, or did obtain, funds from that ATM on five occasions.
11 It is to be noted that the banking information contained on the “gift cards” was obtained by the use of skimming devices, whereby when a bona fide transaction takes place, using a credit card, the banking information contained on the credit card is stolen when copied into the scanner and thereafter, either using a scanner and/or a computer, the stolen information would be placed on a blank “gift card”.
12 On 17 August, you were captured on CCTV at 1.02 am, obtaining $1,000 from the HSBC ATM in Swanston Street and, shortly thereafter, you returned with Ibrahim to your accommodation in Lonsdale Street. Later that day, at 1.34 pm, you were caught on CCTV, leaving your accommodation with Ibrahim and, between 2.59 pm and 3.13 pm, eleven transactions were conducted on three ATMs in the Central Business District, using gift cards encoded with information that had been used previously and that would be used again by you in the future.
13 You returned to your accommodation with Ibrahim at 3.59 pm. At 4.30 pm, you left your accommodation with Ibrahim and, between 7.13 pm and 7.38 pm, eight transactions were conducted at three ATMs. At 8.13 pm, you and Ibrahim were recorded returning to your accommodation.
14 On 18 August, you and Ibrahim were recorded leaving your accommodation at 4.37 pm. Between 4.41 pm and 4.47 pm, you conducted four transactions on two ATMs and returned to your accommodation with Ibrahim at 11.00 pm.
15 On 19 August, you and Ibrahim were recorded on CCTV entering your accommodation at 9.57 pm.
16 On 21 August, you and Ibrahim left your accommodation at 12.23 pm. Between 12.34 pm and 3.22 pm, you conducted sixteen transactions at five ATMs, three of which were HSBC ATMs.
17 Again, the information contained on the “gift cards” or the gift cards themselves had been used on previous occasions and were used again in the future.
18 On 23 August, you and Ibrahim left your accommodation at UniLodge in Lonsdale Street at 10.38 am. Between 10.50 am and 11.14 am, eight transactions were conducted by you at five ATMs. You and Ibrahim were recorded returning to your accommodation at 12.58 pm. Later that day, you and Ibrahim left and returned to your accommodation on two further occasions.
19 On 7 September, you and Ibrahim departed from Sydney and arrived in Melbourne at 10.35 pm. You and Ibrahim were recorded returning to your accommodation in Lonsdale Street.
20
On 8 September, between 3.55 pm and 3.56 pm, you and Ibrahim conducted six transactions at the Citibank ATM in Little Bourke Street, Melbourne. Shortly thereafter, although recorded within the banking records as occurring at the same time, you and Ibrahim conducted three further transactions at the Bendigo Bank ATM in Bourke Street, Melbourne. Later, between 4.04 pm and 4.11 pm, you and Ibrahim conducted thirty-six transactions on the HSBC ATM in Swanston Street, Melbourne. Shortly thereafter, between 4.35 pm and
4.38 pm, you and Ibrahim conducted seven transactions at the HSBC ATM in Collins Street, Melbourne. Later, between 4.58 pm and 5.05 pm, you and Ibrahim conducted seven transactions on the Citibank ATM in Collins Street, Melbourne.
21 On 8 September 2015, the informant in this matter, Detective Senior Constable Jessup was viewing CCTV footage which had been provided to him by various banking institutions, showing suspicious transactions at ATMs. Detective Senior Constable Jessup noted a pattern within these transactions and left his office at approximately 4.05 pm to conduct surveillance at the Citibank ATM at 450 Collins Street, Melbourne. As he approached the ATM, he saw a male, who he recognised, from viewing CCTV footage. The male was you, Mr Smith. You appeared to be keeping a lookout for Mr Ibrahim. Detective Senior Constable Jessup conducted a walk-past and observed Ibrahim at the ATM. Appropriately, Detective Senior Constable Jessup called for police assistance.
22 Whilst waiting for assistance, Detective Senior Constable Jessup observed you and Ibrahim conclude your transactions at the ATM and walk past him in Collins Street until you made a right-hand turn into Queen Street. Detective Senior Constable Jessup followed you. At the intersection of Little Bourke and Queen Streets, you and Ibrahim separated and Detective Senior Constable Jessup continued to follow you towards Lonsdale Street. At some stage, he lost sight of you. However, other police attended to assist him and informed him that you had been seen entering the Francis Hotel in Lonsdale Street. Detective Senior Constable Jessup searched the hotel for you and found you in a toilet, attempting to discard a number of cards and receipts into a toilet bowl. You were arrested and cautioned. You were searched and found to be in possession of $2,900 in cash. You were taken back to the Melbourne West Police Station where you were subsequently interviewed under caution. Initially, you told Detective Senior Constable Jessup that you had only attended Melbourne on one occasion. However, this quickly turned into two, then three, then four occasions. You told Detective Senior Constable Jessup that you had been in contact with a member of the New South Wales Police Service and that you had been pressured into your offending.
23 You were found in possession of two phones, a Nokia and an iPhone. Contained on the iPhone was a receipt for a self-storage locker at a Kennards Self Storage facility. The address on the receipt for the lessee of the locker was Apartment 701, UniLodge, 39 Lonsdale Street, Melbourne, the address at which you and Ibrahim had stayed throughout your time in Melbourne. The locker had been leased in Ibrahim’s name since April 2015.
24 Having eluded arrest, at 5.46 pm, Ibrahim was recorded on CCTV leaving your accommodation in Lonsdale Street carrying a red and black “Auspolo” suitcase. At approximately 6.12 pm, Ibrahim attended at the Kennards Self Storage facility carrying the red and black suitcase and was recorded leaving the facility without the suitcase. Later, Ibrahim returned to your accommodation, but left at approximately 9.20 pm, with a laptop bag which he deposited at the Kennards Self Storage facility at approximately 9.36 pm. Ibrahim subsequently returned to your accommodation in Lonsdale Street and is believed thereafter to have left for Sydney and to have subsequently left Australia.
25
Police executed a warrant at the Kennards Self Storage facility on
10 September 2015 and located the Auspolo suitcase that contained, amongst other things, an amount of cash, a card reader/writer, four mobile phones, including an Apple iPhone and a Nokia phone, three notebook computers, a number of HSBC and Citibank ATM receipts, two Virgin boarding passes for yourself and Ibrahim, two Jetstar boarding passes in Ibrahim’s name and a number of gift cards.
26 Contained within the black laptop bag was a notebook computer and 124 gift cards with PIN numbers recorded on them, as well as pre-paid Visa cards. Found within the suitcase and the laptop bag were gift cards containing banking information that was contained on the gift cards used from time to time in the various transactions conducted by you and your co-conspirator, Ibrahim, during the course of the conspiracy.
27 On 15 October 2015, a search warrant was executed at your address at 385 Marion Street, Georges Hall, New South Wales. Located at your home was, amongst other things, a “Wonder” card embosser, an “Enduro” brand card printer, a shoebox containing assorted Verifone chargers.
28 Upon arrest, you were found with a Nokia phone and an iPhone in your possession. When called on a voir dire, you said that Ibrahim gave you the iPhone. You also swore that your phone was an iPhone 6, which was the model of phone seized when the police executed a warrant at your home in Sydney. When the Nokia phone found in your possession, at the time of your arrest, was interrogated, it showed a number of text messages to the telephone operated by the witness, Irfan Bashir. Mr Bashir, together with Mr Abid Hussain, were called on a Basha inquiry. Each swore that they were taxi drivers who were approached at the Melbourne Airport taxi rank by a man who Mr Hussain said, identified himself as Yasseen, while Mr Bashir spelt the man’s name Yaseen. Mr Hussain identified you, Mr Smith, from a photo board as Yaseen. Mr Bashir identified Ibrahim as Yasseen. It is to be noted that the two taxi drivers swore that one approach was made to them when they were together.
29 Messrs Hussain and Bashir swore that Yasseen or Yaseen, depending on how the respective witness spelt the name of the man who approached him, offered them a new type of EFTPOS machine to be used in their taxi cabs. It was represented to Messrs Hussain and Bashir, that there would be a financial advantage to them to use the machines offered. Mr Bashir swore that he received texts from Yasseen on 23 August 2015, to meet Yasseen’s brother in the city so that the machines could be handed over. Mr Bashir received further texts from Yasseen and an arrangement was made for Yasseen’s brother, Mouner or Monier, to meet Mr Bashir at a café in Seddon. The two men met and Mouner/Monier gave Mr Bashir two EFTPOS machines. Mouner/Monier gave Mr Bashir a phone number which coincides with that of the Nokia phone found in your possession Mr Smith, at the time of your arrest. In addition, contained within the Nokia phone, were the texts made to Mr Bashir setting up the meeting at Seddon.
30
Becoming aware of the existence of communication between you and
Mr Bashir, police attended at Mr Bashir’s home that he shared with the witness Mr Hussain. Through Messrs Hussain and Bashir’s cooperation with police investigators, each of the two EFTPOS machines were recovered and when examined, were found to be scanning machines manufactured by Veriphone. Scanners of that brand were found within the Kennards facility when it was searched by police.
31 Mr Bashir identified you, Mr Smith, as being Mouner/Monier when shown a photo board containing your photograph amongst a collection of twelve photos.
32 Tendered as Exhibit 8 on the plea was an information report summary made by Sergeant Mitchell Osbourne of the New South Wales Police Service, a witness called by you at your committal. The report relates to a meeting that Osbourne had with you on or about 18 May 2015. In the report, Osbourne records that you told him that there was a syndicate in New South Wales that was using over 100 EFTPOS card skimming devices across metropolitan Sydney. The majority of these devices were installed in taxis and each taxi driver was well aware of the device’s capabilities and that each taxi driver was paid $100 per credit card that was skimmed. Coincidentally, you named two men that were involved in this fraudulent enterprise as Yassen and Muneer. The coincidence of the use of names by you so very similar to those provided to Sergeant Osbourne is striking, as is your approach and that of Ibrahim to the taxi drivers Messrs Hussain and Bashir, and the request that they use EFTPOS /scanner machines supplied by you and your co-conspirator.
33 On the return of the plea, Ms Hawkins, narrowed the issues in contest between the Crown and you by way of a document headed “Response to Prosecution on Plea”. Ms Hawkins put in issue your connection with items found at the Kennards storage facility as well as any knowledge of the contents of the black laptop bag and the Auspolo bag.
34 In essence, Ms Hawkins submitted that there was no direct evidence by way of CCTV footage, fingerprints, or DNA, or documentation that connected you to the storage facility or its contents, particularly the contents of the Auspolo and laptop bag. Whilst this is so, this submission fails to understand the nature of the offence to which you have pleaded guilty and each of the overt acts and circumstances relied upon by the Crown, to prove your involvement in it. You, together with Ibrahim, used “gift cards” encoded with skimmed information from genuine credit cards. You, together with Ibrahim, offered EFTPOS machines with skimming capacity to Messrs Hussain and Ibrahim. The card numbers encoded onto the gift cards used by you and Ibrahim, were used more than once, and those numbers were found on gift cards in the laptop bag, found at the Kennards storage facility and skimming devices were found in the Auspolo suitcase, placed at the Kennards facility by Ibrahim, after you had been arrested.
35 The bags came from the Lonsdale Street address where you lived with your co‑conspirator whilst in Melbourne. It is not reasonably open that Ibrahim took empty bags to the Kennards facility. The irresistible inference to be drawn from all the circumstances is that you knew of the contents of the Auspolo and the laptop bags, and I draw this inference to the criminal standard.
36
An important aspect of the plea, conducted on your behalf by Ms Hawkins, was the report of Dr Malik, who was called on the plea and appeared by way of video-link from Sydney. Tendered on the plea was Exhibit 2, the report of Dr Malik, dated 5 December 2017. In essence, relying in part on the report of HR Dadgostar, psychologist, dated 10 November 2017, and received as
Exhibit 3 on the plea, on the limited basis that it had been relied upon by Dr Malik, Dr Malik opined that you suffered from dementia and that there had been an overall cognitive decline in you, over the past five years. He swore that you needed to be accompanied to medical appointments. In his discussion with your wife and brother, who accompanied you to Dr Malik’s rooms, you were described by them as unable to give consistent instructions to your legal advisers and that you were forgetful. Dr Malik opined that as a result of suffering from dementia, or as he described it, major NCD, that this significantly impacted upon your ability to understand and participate in a conspiracy at the level of sophistication alleged by the Crown in the statement of facts. (See Transcript T32, L3.)
37 Dr Malik interviewed you for ninety minutes, or more accurately, took instructions from your wife and brother, as you during the consultation, were looking off to one side, not making eye contact, delayed your responses to his questions and looked confused and perplexed. (See T36, L4.) Further, your wife and brother mentioned that you could no longer use a GPS on your car, you were not able to make appointments, nor find out where to go to attend appointments, so they were obliged to make those arrangements. (See T36, L18.)
38 Further, Dr Malik described you as giving very limited answers; you had extreme positive speech and thought; you did not give very elaborate or long answers, two or three words at best; and that there were long delays when you did answer questions asked of you by Dr Malik. (See T37, L12.)
39 Dr Malik was unaware that you had been called by Ms Hawkins on the voir dire and that you had given responsive answers to each question asked of you in evidence‑in‑chief and in cross-examination. Further, he was unaware that you were able to give evidence in respect of matters in 2017, that related to your conduct in 2015. Further, Dr Malik was unaware that you drove a taxi cab in Sydney between 2012 and 2015.
40 Ultimately, Dr Malik was compelled to concede:
“Well, I could only point out to the differentials in this case of three likely diagnoses are neuro cognitive decline, a major depression with a pseudo dementia or malingering. Those are the three most likely diagnoses.”
41 There is no doubt in my mind that the third of those differential diagnoses applies to you, Mr Smith.
42 It is plain that together with your wife and brother, you deliberately misled Dr Malik as to your cognitive state, in order to attract a lesser sentence, than you might otherwise receive.
43 Dr Elarif, your general practitioner, was called by way of telephone conference and gave sworn evidence through that medium. As part of his evidence tendered on your behalf, was a letter from him under the heading “Haldon Street Medical Centre”, that became Exhibit 4 on the plea. In summary, you suffer from Kartagener’s syndrome, a congenital condition in which the normal position of the organs in the body are reversed. In addition, you have chronic lung disease. Dr Elarif wrote that you also suffer from coronary vessel disease and Hepatitis C.
44 Dr Elarif did not become your regular treating general practitioner until 6 April 2017, when he saw you on an occasion when you complained of an episode of bronchitis. Thereafter, he saw you on 23 August, where you complained of tiredness and a cough. On 28 August, you consulted with Dr Elarif again, where you complained that there had been an exacerbation of your bronchitis and you were referred to a cardiologist. However, you did not take up this opportunity. You were prescribed antibiotics. Dr Elarif saw you again on 7 September. You complained of a tightness in your chest and were coughing. Dr Elarif diagnosed you as suffering from an episode of bronchitis and prescribed you antibiotics. Dr Elarif saw you a fortnight later on 20 September, when you were suffering from an upper respiratory infection, he prescribed antibiotics by way of prophylaxis. Dr Elarif saw you again on 26 September and there had been an exacerbation of your bronchitis. He next saw you on 24 October, when you were suffering from an acute exacerbation of your chronic lung disease, specifically bronchitis. On 27 November, he saw you for the purposes of referring you to Dr Freiberg, in respect to your continuing lung problems. Finally, Dr Elarif saw you on 2 December 2017, in what he described as a consultation related to “social issues”. (See T82 – T86.)
45 In Ms Hawkins outline of submissions, it was put that as a child living in Egypt, you had your right lung surgically removed. This proved to be contrary to fact and Dr Elarif was of the opinion that you had a portion of your right lung removed surgically, but he was unable to say, the extent of this procedure, although he was of the opinion, that you had a functioning right lung.
46 In respect to the issue of Hepatitis C, from the bundle of medical reports tendered as Exhibit 5, it is plain that you were treated for Hepatitis C and a report from Dr Ng, dated 14 April 2014, made it plain that you were clear of the HCV infection.
47 In his letter, Exhibit 4, Dr Elarif opined:
“I believe the goal setting would pose such a negative effect on this patient, so as to weaken his immune system, accelerate his underlying chronic illness and cause life threatening consequences.”
48 When tested in respect of this statement by Mr Saunders of counsel who appeared on behalf of the Crown, Dr Elarif agreed with the proposition that:
“If he doesn’t get proper care in gaol, his chronic illnesses might get worse.”
and that this was the true meaning of the statement made in his letter,
Exhibit 4. Further, when tested in respect to the effect to which your chronic lung disease affects you, Dr Elarif accepted that he was entirely reliant upon your instructions to him in order to form an opinion in that respect. (See T94, L21-26.)
49 Ultimately, Mr Smith, none of the principles enunciated in R v Verdins have any application to you. Further, whilst it is true that you suffer from chronic lung disease, unless you are not properly treated in prison by medical staff, that condition is unlikely to become life threatening.
50 Mr Smith, you are 48 years of age, having been born on 9 June 1969. You grew up in Giza in Egypt. At birth, you were diagnosed with Kartageners Syndrome. You came to Australia in 1995 with your brother. Depending upon which exhibit one reads, you either studied accounting in Egypt for two years, or obtained a Business Degree whilst in Egypt. Be that as it may, your qualifications were not recognised in Australia and initially you worked as a security guard, then drove taxis from 2012 to 2015. Later, you were involved in establishing a childcare centre.
51 You are married and have twin 11 year old boys.
52 It was put on your behalf that you were pressured into becoming involved in the conspiracy to which you have pleaded guilty. It was put on your behalf that at one stage your family’s lives were threatened, if you did not comply with the requests of the persons who demanded your involvement in the criminal conspiracy. At your committal, and called in your case, was Sergeant Mitchell Osbourne of the New South Wales Police Service. He was examined at length in respect to information that had been provided to him by you and to pressures that you may have been under. Save for your instructions to your counsel and an assertion made in your record of interview, there is no evidence that you were under any pressure to engage in your unlawful conduct.
53 You are a man without prior conviction.
54 Much of the plea, was taken up with evidence relating to your alleged psychiatric disorder and your state of physical health, to which I have already referred. Ultimately, it was submitted on your behalf, that a community corrections order, was the appropriate disposition, taking into account the nature of your offending and matters personal to you. In particular, it was submitted that you were not an appropriate vehicle for the application of general or specific deterrence, due to the mental illness from which you suffer. It is plain from my earlier remarks that I find that you do not suffer from a mental illness and, accordingly, you are an appropriate vehicle for the application of general deterrence. Whilst it is true that the length of conspiracy is only a period of approximately five weeks, there were many separate overt acts of that conspiracy, each of which were acts of dishonesty, and I am of a view that you need to be specifically deterred from reoffending.
55 Together with your co-conspirator, you travelled from Sydney to Melbourne, with the sole purpose of committing crimes of dishonesty in furtherance of the conspiracy. I am of the opinion that the only appropriate sentence in all of the circumstances is one of immediate imprisonment.
56 You pleaded guilty to the indictment after some eight days of pre-trial argument. Your plea is a late one. Your plea, however, has utilitarian benefit and you must be given credit for that. However, I am unable to discern any remorse in you arising out of your plea of guilty. Your prospects for rehabilitation are guarded.
57 You are married with two children. You normally reside in New South Wales. You will be imprisoned in Victoria and that will create difficulties for you in respect to seeing your family. In my view, little flows from this as you travelled from New South Wales to Victoria for the purposes of the conspiracy to which you have pleaded guilty.
58 Your offending was sophisticated, as it involved the use of stolen banking information. You attempted to recruit two taxi drivers in Melbourne for the purpose of scanning credit cards. The type of conspiracy to which you have pleaded guilty, and the overt acts that were relied upon in proof of that conspiracy, being the use of stolen banking information encoded onto “gift cards”, falls into the class of crimes that are difficult to detect. But for the decision, by Detective Senior Constable Jessup, to act upon his suspicions, in my view it is unlikely that you would have been caught. Similarly, but for Detective Senior Constable Jessup choosing to follow you, rather than your co-conspirator, it is unlikely that you would have been caught.
59 Doing the best I can, taking into account the objective circumstances of your offending, and your personal circumstances, and applying sentencing principle, I sentence you to three years’ imprisonment and I fix the period of two years’ imprisonment, as the time that you must serve before you will become eligible for parole.
60 I declare that you have spent sixty-two days by way of pre-sentence detention.
61 Pursuant to s.6AAA of the Sentencing Act 1991, I declare that but for your plea of guilty, I would have sentenced you to four years’ imprisonment with a non-parole period of two and a half years. You may be seated. Before passing, I would like to compliment the investigation in respect of this matter and particularly the conduct of Detective Senior Constable Jessup, in backing his own judgment.
62 In respect of the ancillary orders, I have made each of the restitution orders and I hand down copies of each. I have made the forfeiture order and disposal order as requested and I hand down copies of each. Mr Smith, would you please stand.
63 The Crown have made application pursuant to s.464ZF(2) of the Crimes Act, that you undergo a forensic procedure. In this case, that is a scraping of the inside of your mouth. I have granted that application because of the seriousness of the circumstances of the offending warrant the making of the order and the granting of the order is in the public interest. I must inform you that if at the time of request, you do not consent to the taking of a mouth scraping, under the supervision of an authorised member of the police force, then the sample to be taken will be a blood sample and police may use reasonable force to enable that forensic procedure to be conducted. Do you understand?
64 OFFENDER: (Through Interpreter) Yes.
65 HIS HONOUR: I hand down copies of that order. Would you recover my sentencing remarks please Mr Associate?
66 ASSOCIATE: Yes, Your Honour.
67 HIS HONOUR: Are there any other matters?
68 ASSOCIATE: No, Your Honour.
69 HIS HONOUR: Ms Hawkins, I would like to thank you for the assistance that you have given me and compliment you in respect of your performance in court in the interests of your client.
70 MS HAWKINS: Yes, Your Honour. I appreciate that. Thank you, Your Honour.
71 HIS HONOUR: Would you remove the prisoner please.
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