R v Aikman and Bicanic

[2007] NSWDC 206

CITATION:	R v Aikman & Bicanic [2007] NSWDC 206
HEARING DATE(S):	3rd August 2007 4th September 2007
JUDGMENT DATE:	4 September 2007
EX TEMPORE JUDGMENT DATE:	4 September 2007
JURISDICTION:	Criminal
JUDGMENT OF:	Conlon SC DCJ
DECISION:	Convicted.; Sentenced to a period of imprisonment of two years each; Sentence suspended under s 12 Crimes (Sentencing Procedure) Act on the condition they enter a good behaviour bond, with conditions, for a period of two years, commencing today.
LEGISLATION CITED:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CASES CITED:	R v Way [2004] 60 NSWLR 168
PARTIES:	Crown Scott Aikman (Co-Accused) Aaron Bicanic (Co-Accused)
FILE NUMBER(S):	07/41/0037; 07/41/0030
SOLICITORS:	Ms K Ratcliffe (Crown) Mr J David (Both Accused)

JUDGMENT

1 HIS HONOUR: Mr Aikman and Mr Bicanic, it may take me awhile to go through this but I am going to ask you to do the best that you can to follow everything that I say.

2 The offenders, Aaron Bicanic and Scott Aikman, appear for sentence following their pleas of guilty to a charge of assault police officer in the execution of duty causing actual bodily harm. That offence is contrary to s 60(2) of the Crimes Act 1900. This offence carries a maximum penalty of seven years imprisonment.

3 The agreed facts are as follows: That on Saturday 30 September 2006 at about 12.05am Constables Poort and Otero did their regular check of an unattended police facility in Moore Street, Austinmer.

4 Police had been called to this location several times during the night regarding intoxicated persons causing a disturbance and fighting there.

5 Shortly after checking the Moore Street facility, the officers saw the offender, Scott Aikman, lying facing down in the middle of the road near the intersection of Lawrence Hargrave Drive and Moore Street. He was wearing black “punk style” clothing and had a blue Mohawk style haircut. A group of about four men and four women were standing on the southern side of Moore Street, they appeared to be exhorting Aikman to get up off the road.

6 Police stopped near Aikman, who got off the ground and walked to rejoin the rest of the group. He yelled out, “Fuck you cunts, fuckin’ dog cunts” and repeated similar words. Police approached the group and directed them to move on. The group commenced to move east towards Lawrence Hargrave Drive and the police followed to ensure they left the area. Aikman continued to swear and a female member of his group was seen holding a hand over his mouth in an attempt to prevent him swearing.

7 Around the corner, in fact this is in Lawrence Hargrave Drive, Aikman is observed to remove his companion’s hand and recommence yelling, “Fuck you cunts, you can’t tell me what to do, fuck off”. He was obviously intoxicated. Constable Otero then approached him and placed him under arrest for offensive language, grabbing his arm as he did this. As he did so, the offender Aikman grabbed his arm and pushed him to the ground. The offender landed on top of Constable Otero pinning him to the ground, he was trying to punch Otero and was pushing at his face.

8 Then he reached down and it is alleged that he grabbed onto the grip of Constable Otero’s service pistol. Constable Otero put his hand onto the pistol to stop it being drawn out of his holster and as he did so he felt that the retaining strap on the holster had been pushed down to a position which would allow the pistol to be drawn. He kept his hand on the pistol and squeezed his other hand between the offender and himself, managed to draw his OC spray and held it directly in front of his own face whilst delivering a five second burst in the face of the offender.

9 This appeared to have no effect on the offender and he continued to struggle. Constable Otero released another burst of OC spray in the face of the offender, which had sufficient effect to allow Otero to push the offender off him and get to his feet. The offender also got up, raised his fists in a boxing pose and said, “Fuckin’ come on”.

10 Constable Otero drew his extendable baton. As the offender moved towards him, he struck the offender to both arms. The offender continued to advance still with his fists raised and Otero struck further blows to his fist and right left leg until the offender dropped to his knees. The offender then lay on the ground where he was handcuffed.

11 While this was occurring, Constable Poort was about one and a half metres away from the offender Aaron Bicanic. Bicanic (who was carrying a skateboard) looked over his shoulder in the direction of Constable Poort, turned and struck Constable Poort to the left side of his head with the deck of the skateboard, knocking him to the ground and damaging his ear. Bicanic stood over him as he was getting to his feet.

12 Constable Poort called for assistance but saw that Constable Otero was 5 metres away using his baton to subdue Aikman. Poort drew his capsicum spray and from a distance of 1 metre, released a second burst into the offender Bicanic’s face. This had sufficient effect to enable him to handcuff the offender despite his continued struggling.

13 Bicanic was eventually placed in the back of a police van, despite struggling and kicking. Constable Poort then made a radio call for assistance and additional police arrived a short time later (at least two neighbours who witnessed the events had also rung the police).

14 As a result of the assault by Aikman, Constable Otero sustained a laceration under his lip and grazes and scratches under his chin and left arm. He also experienced soreness and redness to the back of his head. Constable Poort received a laceration to his left ear, which bled. He was treated at Wollongong Hospital where the wound was glued. He experienced soreness to the side of his head, swelling, light headiness and was dazed.

15 Both were taken back to Wollongong Police Station, they were not interviewed due to their continued aggressive behaviour and level of intoxication.

16 The courts have consistently affirmed the principle that offences involving assault of police officers in the execution of their duty are serious offences, requiring a significant element of deterrence in the sentences to be imposed. When s 60 subss (1) (2) and (3) were introduced, they established maximum penalties several years longer than those applicable to the same offence when committed against other persons. Significant risks are run by police officers throughout the State in the normal execution of their duties. By virtue of the introduction of s 60 subss (1),(2) and (3), Parliament has made it quite clear that the traditional sentencing principles in accordance with which assault against police are treated as particularly serious offences must be given full effect.

17 S 60(2) has a standard non-parole period of three years imprisonment. A standard non-parole period represents the non-parole period appropriate for conduct within the middle of the range of objective seriousness for such an offence. The standard non-parole period strictly applies only to offences within the middle of the range of objective seriousness upon conviction after trial (see R v Way [2004] 60 NSWLR 168.

18 Although there has been a plea of guilty in the present case, the standard non-parole period remains a reference point for the assessment of the appropriate sentence. In R v Way the court accepted a submission that the task of determining what is an offence in the middle of the range of objective seriousness:

“Should be approached intuitively and should be based upon the general experience of the courts in sentencing for the particular offence”. (at para 74).

19 S 60(1) covers any form of common assault not leading to actual or grievous bodily harm and therefore encompasses a wide range of offending behaviour. Similarly, I have no doubt that a wide range of offending behaviour would be capable of constituting an offence under s 60(2). In this case I am confronted with the very difficult task of balancing the objective criminality against the subjective circumstances of each offender.

20 In respect of the offender Aikman, the crown has conceded there are no relevant aggravating factors pursuant to s 21A(2). The crown acknowledges the following mitigating factors under s 21A(3):

(a) the injuries sustained were not substantial;

(b) the offence was not planned;

(e) the offender does not have a significant record of prior convictions in recent time; and,

(k) an early plea of guilty at arraignment.

21 As indicated above, when police attended the Austinmer location, Aikman was lying face down in the middle of the road obviously well intoxicated. After he got up and joined a group of other people, police asked them to move on. Aikman responded with a tirade of abuse and a female member of the group attempted to shut him up by placing a hand over his mouth. As Constable Otero moved to arrest him a struggle ensued (as earlier described when stating the facts). Fortunately the injuries to Constable Otero were not substantial. I assess these facts as falling slightly below the mid range of objective seriousness.

22 In respect of the offender Bicanic, the crown submitted that the use of his skateboard to hit Constable Poort was an aggravating factor, s 21A(2)(c). The crown conceded the following mitigating factors under 21A(3):

(b) the offence was not planned;

(i) the offender has shown remorse (letter of apology to the victim); and,

(k) an early plea of guilty at arraignment.

23 I am also satisfied that s 21A(3)(a) applies, that is the injuries sustained were not substantial. The treating doctor, Dr Bhuiyan, (tab 7 of exhibit A) stated that Constable Poort had two small skin lacerations to his left ear. There was no active bleeding, no history of fit or loss of consciousness, the skin laceration was opposed by glue tape. The ENT (ear, nose, throat) specialist stated that the constable was fortunate to have suffered only a laceration to his pinna and that testing showed no impairment of his hearing.

24 Mr Bicanic’s involvement seems to have been prompted by the struggle between Constable Otero and Aikman. Bicanic was also very intoxicated, he simply lashed out at Constable Poort with the skateboard, knocking him to the ground. He did not attempt to continue the assault. It was a totally irrational response to the police subduing Aikman. I also assess these facts as falling slightly below the mid range of objective seriousness.

25 I have today received a victim impact statement of Constable Poort pursuant to s 28 of the Crimes (Sentencing Procedure) Act. I have considered the matters therein, however I am not satisfied that the psychological injury and emotional harm suffered by the victim amounts to something more than that which the court has assumed to be the case in respect of such an offence. Accordingly, I do not take this matter into account as an additional aggravating factor under s 21A(2)(g).

Subjective circumstances

26 I now turn to the subjective circumstances in respect of each offender. Firstly, Scott Aikman. The pre-sentence report (tab 9 of exhibit A) indicated that his parents separated when he was six years of age. His mother informed the probation officer that his biological father was a heavy drinker and the offender was subjected to violence at the hands of his father from the age of two. Following the separation his mother formed a new relationship with a man she later married. The offender’s stepfather also turned out to be a violent man and the offender witnessed acts of abuse against his mother and his sister.

27 At fourteen he went to live with his biological father. At seventeen he returned to his mother. He gained his Higher School Certificate aged eighteen and then completed a trade qualification as a commercial cook and a Certificate 2 in Bakery. He maintained relatively consistent employment as a chef and kitchen hand.

28 In 2005 the offender chose to leave his workplace in order to pursue a different vocation. He was then unemployed for two years and entered a period of turmoil where his alcohol abuse escalated. His prior offending was also alcohol related and the offender linked his alcohol abuse to his anger, his emotional issues and his upbringing.

29 He had been in a relationship with his girlfriend for about three years. His girlfriend informed the probation officer that prior to the present offence she had seen the offender become angry and irrational. However since the offence she has noticed what she said was remarkable and positive changes in his behaviour.

30 The probation officer stated:

“Since this offence Mr Aikman has taken positive steps to address his alcohol abuse. He has engaged the services of a local psychologist and he has developed strategies to deal with and manage his alcohol abuse ... all reports suggest the offender has made substantial changes in relation to his alcohol abuse.

Attitude to the Offence

He admitted he was heavily intoxicated at the time of the offence and had been drinking from early in the day through to the evening. He acknowledged the seriousness of his current situation and stated he was willing to address his anger issues and comply with the directions of the service.

Mr Aikman has demonstrated a preparedness to address his offending behaviour and he has engaged the services of a local psychologist. The offender claimed this offence provided motivation for changing his alcohol intake and working towards dealing with his aggressive behaviour”.

31 In conclusion the probation officer stated:

“Mr Aikman appears to have maintained positive and stable periods in his life, despite witnessing violent behaviour from male role models in his life, the separation of his parents and the abuse of a sibling. He appears to have strong family support and is currently employed in the hospitality industry”.

32 There is also reference in the probation officer’s report to a position that he has held for what is now about the past five months. He indicated to the probation officer that he enjoys his employment and feels accepted by his peers in his workplace. All this seems to indicate that Mr Aikman has assumed responsibility for his own rehabilitation.

33 Exhibit 2 is a letter from a psychologist, Ms Jo Lunn. She indicated that she has been seeing Mr Aikman regularly since February this year. She said Mr Aikman originally presented for a number of reasons, including substance abuse, anger management and managing depressive symptoms. Ms Lunn stated that:

“Mr Aikman has responded very well to treatment and has managed to significantly reduce his substance use. Further, Mr Aikman has reported a number of situations in which he has effectively managed feelings of anger and has dealt with the situation in a productive and assertive manner. Mr Aikman has reported a vast improvement in his significant relationships, including his long term girlfriend and family.

In addition, Mr Aikman has managed to secure full time employment, which he reportedly enjoys and is receiving very positive feedback from”.

34 The offender does not have an extensive criminal record and in fact the present offence is the only one of violence he has committed. He has given evidence before me today and confirmed much of the information he provided to the probation officer.

35 He spoke of his current employment as a chef at the Wollongong Surf Leisure Resort. He said he works weekends and split shifts and has now been there, as I already indicated, for a little over five months. He appreciates that he requires assistance if he is to totally rehabilitate himself and he now appears to have some direction in life, which had been totally lacking prior to the commission of this offence. He understands the importance of the support of his family and in respect of his mother he commented:

“I don’t know what I’d do without her”.

36 Unlike many offenders about whom the courts can have but a pious hope concerning their prospects of rehabilitation, I am confident that Mr Aikman is well on the way to getting his life together.

37 Now turning to Aaron Bicanic. The offender is now twenty-eight years of age. His father is sixty-eight years and his mother sixty. He is the youngest of five children who was raised in Thirroul. He continues to share a close relationship with his parents and siblings. He has a long term girlfriend who he met some nine years ago. They have had some periods of separation during that time but have always managed to reconcile.

38 The defence tendered a report of Ms Esme Nasser, Clinical Psychologist (exhibit 2). I will not repeat here all of what is contained in that report. However that report indicates significant psychological issues extending back into the offender’s childhood. It details a history of a young person who has struggled to fit in, a young person suffering anxiety and depression that seem to be the source of his inability to join the workforce.

39 In that report under the heading of “Medical History”:

“Mr Bicanic states that he has suffered from anxiety throughout his childhood. He recalls crying everyday when his mother dropped him off at school for the first two years of his school life. Mr Bicanic states that for those two years his brother had to wait and stand by him every recess and lunch time. He only stopped because of the school principal preventing him from doing it any longer. Mr Bicanic states that he always suffered from separation anxiety whenever he was dropped off for sporting or music activities. He states that his mother always had to remain with him until he was in sixth grade”.

Drug and Alcohol History

“Mr Bicanic stated he first consumed alcohol at the age of sixteen years, however it was not until he turned eighteen years of age that he increased his alcohol consumption and began binge drinking once a week. He continued the weekly binge drinking for approximately the next three years. The binge drinking then decreased as a result of him commencing to take amphetamines and methyl amphetamines”.

40 Mr Bicanic informed the psychologist that at one stage he instigated drug and alcohol counselling. He stated that he had one relapse shortly after his stabbing on 1 November 2005 (see facts below) at which time he used amphetamines on one occasion. He reported no illicit substance use since that time.

41 The psychologist also reports that she received information from Mr Bicanic that he has been abstinent of alcohol since the commission of this offence, with the exception of two occasions in April 2007. On one occasion he reported consuming two alcohol drinks at a wedding; and on the other occasion reported consuming one alcoholic drink at his mother’s sixtieth birthday party.

Psychological State - the following appears, that:

“Mr Bicanic first attended therapy on 25 January 2006. He presented to therapy after having been violently assaulted by a male offender in the company of a female co-offender. He and his girlfriend were walking home at approximately 9pm after a night out. They were approached by the offenders who required a cigarette. The offenders became upset when Mr Bicanic offered them a rollie, which is all he had to offer.

The male offender then set upon Mr Bicanic with a knife, inflicting multiple stab wounds to his face, ear, nose, arm, head and back of his neck. The female offender was encouraging the male offender to attack Mr Bicanic’s girlfriend as well. Fortunately something caused the offenders to flee the scene”.

Depression - this appears:

“Mr Bicanic describes a history of depression which he believes was reasonably well under control until he was assaulted on 1 November 2005. Prior to his assault he was already taking antidepressant medication and has now been taking it for approximately six years. He states that he attempted suicide four and a half years ago when he attempted to jump out of a window of his apartment, which is on the third floor, he states that his mother had to prevent him from jumping.

Initially when Mr Bicanic was seen by the psychologist on 25 January 2006 he indicated that he was experiencing a level of depression, which was in the moderate range. He described feelings of sadness and pessimism with a regard to his future. He described a loss of pleasure from things that he had enjoyed and a loss of interest in people with whom he was previously close. He described himself as irritable, indecisive and worthless as compared with other people. He felt that although he wanted to cry, he could not find himself able to do it.

After the commission of the present offence, he again saw the psychologist and he indicated that his depression had relapsed and become severe. All of the symptoms he previously reported were now reported as severe or extreme. He described extreme feelings of sadness and hopelessness with regard to the future, as well as very strong self-deprecation and self-reproach. He also described strong feelings of restlessness and agitation, irritability and indecision. He described himself as utterly worthless.

Following the offence he reported that he lost his appetite completely, losing 4 kilograms in weight in a very short period of time. He eventually began to force himself to eat one small meal a night. Mr Bicanic also describes suicidal ideation but could not make assurances that he would not act on his thoughts, he was monitored very closely at the time”.

42 He was diagnosed as having a panic disorder and also a social phobia. The psychologist indicated that Mr Bicanic also presented with symptoms consistent with a diagnostic criteria for post-traumatic stress disorder.

“In consultations in January, May and October of 2006 he described experiencing multiple trauma symptoms, including recurrent and intrusive thoughts and memories of his stabbing and nightmares related to it. He described trying to avoid thoughts and memories of the assault and the area where the assault occurred. Most notably he avoided going out, especially at night. Mr Bicanic explained that he was easily upset by reminders of his assault. He stated that when he was reminded of it he experienced physical symptoms of a racing heart and profuse sweating. Mr Bicanic had been unable to work since leaving school due to his extreme anxiety, depression and social phobia”.

Substance Abuse Disorder

“Mr Bicanic was distressed following his stabbing that he increased his alcohol consumption in an effort to self-medicate. He discontinued his therapy some six weeks prior to the offence as he was unable to face his trauma. He continued to use alcohol as a maladaptive coping strategy to deal with his trauma reaction and his panic attacks. He was unsuccessful. His involvement in the offence has confronted him with his poor psychological functioning and he has been forced to address his issues in therapy.

Mr Bicanic states that his social activities were very limited prior to his stabbing, due to his social phobia. He reports that following the stabbing he rarely went out. He is a guitarist in a band. He states that following the assault he initially had a great deal of difficulty playing in the band. He would try to force himself to go and play every three weeks in the company of a group of friends and would not go out and socialise after the band finished playing.

He states that on the day of the offence he was gardening at a friend’s home to help his friend’s mother. He consumed alcohol through the day, becoming intoxicated. This gave him the courage to walk to a house which was only around the corner to attend the party. He states he only had attended the party because it was at somebody’s home and he thought it would be safer than being in a public place.

Mr Bicanic expresses due remorse over the offence, even though he cannot recall it with any clarity, he is remorseful mostly that his behaviour has placed another person in the same position of being a victim of violence, opening that person to the same trauma for which he was suffering”.

43 In conclusion the psychologist stated that:

“The offence forced Mr Bicanic to face his trauma, recognising that alcohol was not a solution but rather a seriously maladapted behaviour. He has now successfully addressed his trauma in therapy. He has resolved the multiple psychological issues from which he suffered, although some social phobia persists. As he had in the past without assistance overcome drug abuse, he has now overcome his alcohol abuse.

Although Mr Bicanic has come a long way and is recovering, he remains vulnerable to additional trauma. For example, Mr Bicanic would in all likelihood relapse into all of the psychological disorders from which he has now recovered if he was to face incarceration. His extreme level of psychological vulnerability would place a significant burden on the prison management, particularly as relapse of his severe depression would very likely render him a suicide risk.

Given that his psychological disorders have been resolved, Mr Bicanic no longer feels the need to consume alcohol. The alcohol was the disinhibiter to cause Mr Bicanic to exercise poor judgment at the time of the offence. As long as Mr Bicanic remains resolved not to abuse alcohol, he is not considered at risk of re-offending”.

44 I have detailed various aspects of the psychologist’s report as it was simply not possible to gloss over Mr Bicanic’s rather unfortunate past as in my view it provided important background against which this offence was committed.

45 The only matters on Mr Bicanic’s criminal record are convictions entered at the Wollongong Local Court on 8 September 2004, for which he received s 12 bonds to be of good behaviour for six months.

46 Ms Nicole Bodel, Probation and Parole Officer (20 July 07, tab 9, exhibit A) stated that on 21 February 2005 his supervision was terminated and it was considered that he responded favourably to intervention.

47 Mr Bicanic expressed regret to the probation officer over committing this offence and indicated he wrote a letter of apology the following day to the police officer. That letter of apology is exhibit 3. It is dated 2 October 2006 and it reads:

“Dear Constable Poort

I wanted to write this letter to let you know how sorry I am for what I did. I regret what I did and it was never my intention to hurt anyone. I know there is no excuse for what I’ve done but I wanted to write this letter in the hope that I can apologise to you directly.

In November last year I was stabbed seven times in the head and face by a complete stranger. I was walking home with my girlfriend and this happened on my own street. My life hasn’t been the same since that day. I now acknowledge that I have developed a serious problem of depression, anxiety and alcohol. What I did to you is so out of character for me and I feel terrible that I’ve hurt someone. I am so sorry it has taken something like what I did to see this. I am now dedicated to turning my life back around and I’m getting help with this problem.

Writing this letter to you is something I need to do for myself but more than that I need to convey to you that I’m truly sorry. I hope you can accept my apology.

Yours sincerely

Aaron Bicanic”.

48 On the last page of the probation officer’s report, she states that:

“Mr Bicanic presented as a vulnerable and anxious young man. He appeared to recognise that his alcohol use was problematic at the time he committed the offence, however he now appears motivated to continue with psychological counselling and maintain controlled drinking methods”.

49 It would appear with long term psychological counselling Mr Bicanic has the potential to find employment and lead a law abiding lifestyle. The offender is deemed suitable to be placed under supervision by the service and case management would focus on, “Continued psychological counselling to address mental health issues and relapse prevention”.

50 Mr Bicanic also gave evidence before me in open court today. Given his mental health history that would not have been an easy thing to do. He confirmed his remorse stating:

“I’m really sorry for what I did to him”.

51 His willingness to continue with psychological counselling appears to be paying dividends. He now has a far greater appreciation of what he needs to do to help himself get back on track.

52 He has been in a long standing relationship with a partner of about nine years. She is in full time employment and continues to give him support, as do his parents.

53 In respect of his hopes he said:

“I want to get my life together and get a job”.

54 He said there was some prospect of getting work with his father, who works in the mines. Maybe that is a little overambitious, however if he continues progressing in the same positive manner with his rehabilitation, I see no reason why he will not be able to secure employment in the near future. That would take him a long way to becoming a valued member of the community.

Plea

55 Each offender is entitled to have his plea taken into account in mitigation of penalty. This is done on two bases, to reflect the utilitarian benefit to the criminal justice system and to reflect contrition. An indictment containing the present charges presented to the Wollongong District Court on 21 May 2007. Pleas of guilty were entered that day. Mr David, who appears for each offender, stated that a willingness to plead to this charge was indicated to the prosecution when the matter was still in the Local Court. That has not been disputed by the prosecution. Consequently I regard it as a plea at the earliest opportunity and I propose to reflect the utilitarian benefit of that plea by discount of about twenty-five per cent.

56 I have been provided with and I have considered Judicial Commission sentencing statistics in relation to offences of this nature. I have taken into account the purposes of the sentencing set out in s 3A of the Crimes (Sentencing Procedure) Act. I have also had regard to s 5 of that Act and having considered all possible alternatives and the objective seriousness of this offence, I am satisfied that no sentence other than imprisonment is appropriate.

57 But for the fact that I intend to suspend the execution of the sentences, I would have found special circumstances in each case.

58 Sentences of imprisonment are invariably appropriate whenever police officers are attacked in the execution of their duty and I have found that to be the case here.

59 Mr Bicanic, you are convicted of this offence and I sentence you to imprisonment for a period of two years. Under s 12 of the Crimes (Sentencing Procedure) Act I order that the execution of the sentence be suspended. I direct that you be released from custody on the condition that you enter a good behaviour bond for a term of two years, commencing today.

60 The conditions of the bond are as follows: Firstly, that you appear before the court if called upon to do so at any time during the term of the bond. Two, that you be of good behaviour. Three, that you advise the Registrar or Clerk of this court in writing of any change of your residential address during the term of the bond. And four, it is subject to the direction and supervision of the Probation and Parole Service during the term of the bond. And five, that you report to the officer in charge of the Probation and Parole Service at Wollongong within seven days of today.

61 Mr Aikman: Similarly Mr Aikman you are convicted and I sentence you to imprisonment for a period of two years. Under s 12 of the Crime (Sentencing Procedure) Act I order the execution of the sentence be suspended. I direct that you be released from custody on the condition that you enter into a good behaviour bond for a term of two years, commencing today.

62 The conditions of the bond are as follows: One, you must appear before the court if called upon to do so at any time during the term of the bond. Two, to be of good behaviour. Three, that you advise the Registrar of Clerk of this court in writing of any change of residential address during the term of the bond. Four, that you be subject to the direction and supervision of the Probation and Parole Service during the term of the bond. And five, that you report to the officer in charge of the Wollongong office of the Probation and Parole Service within seven days of today.

63 No doubt the community may well be upset if they were to read a minute report in a paper stating the bald facts of this case followed by the end result. They will be unaware of the balancing that is required as between the objective seriousness of this case and the subjective circumstances of the offender that the courts are required to undertake in the sentencing process.

64 Indeed if they were able to be informed of all the matters that those here in court have heard, they may well be of the view that justice has been served by the suspension of the execution of the sentences in the particular circumstances.

65 Mr Aikman and Mr Bicanic, you now have a last opportunity to prove to the court and the community that you have the capacity both to be law abiding citizens.

66 Now what this means and I need to spell this out to you, that having suspended the execution of those sentences, if you are to offend in any way over this next period of two years, that would be regarded as a breach of this bond. If this bond is breached you would be brought back before me and you will be dealt with in relation to this sentence, in respect of this attack on these two police constables. And what that in effect means is that you will receive that sentence that I have imposed here today and you will do it and that of course will be in addition to anything that you might receive for any future offence that causes this to be a breach.

67 I want you to clearly understand that you have been given this opportunity and having said that you would not have been given this opportunity had I not been of the opinion that both of you have assumed some responsibility for your own rehabilitation.

68 I have also got no doubt that it is never too late to turn your lives around, it never is. Both of you I think have a lot going for you if you rely on the support that you are obviously being given, for a long while now, by your families. You need to repay that support by getting on with your lives and being valued members of the community.

69 Each of the matters on the s 166 certificate are withdrawn.

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