R v Blundell

[2019] ACTSC 42

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Blundell

Citation:

[2019] ACTSC 42

Hearing Date:

24 January 2019

Decision Date:

15 February 2019

Before:

Burns J

Decision:

See [49]–[86]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – burglary – theft – obtaining property by deception – attempting to obtain property by deception – pleas of guilty – subject to Good Behaviour Orders at the time of the commission of offences – re‑sentence – extensive criminal history – need to protect the community – general deterrence – rehabilitation not irrelevant

Legislation Cited:

Criminal Code2002 (ACT) ss 44, 308, 311, 326

Parties:

The Queen (Crown)

Paul Anthony Blundell (Offender)

Representation:

Counsel

A Williamson (Crown)

J Campbell (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Numbers:

SCC 20 of 2018; SCC 21 of 2018; SCC 22 of 2018; SCC 36 of 2015; SCC 37 of 2015

BURNS J

1. Paul Blundell, you appear before me today for sentence, having pleaded guilty to the following offences in this Court: 11 counts of burglary, contrary to s 311 of the Criminal Code 2002 (ACT), each punishable by 14 years' imprisonment, 1,400 penalty units, or both; 12 counts of theft, contrary to s 308 of the Criminal Code 2002 (ACT), each punishable by 10 years' imprisonment, 1,000 penalty units or both; two counts of obtaining property by deception, contrary to s 326 of the Criminal Code 2002 (ACT), each punishable by 10 years' imprisonment, 1,000 penalty units or both; and one count of attempting to obtain property by deception, contrary to ss 44 and 326 of the Criminal Code 2002 (ACT), punishable by 10 years' imprisonment, 1,000 penalty units or both.

2. In addition, following pleas of guilty in the Magistrates Court on 15 February 2018, you were committed for sentence to this Court on six counts of obtaining property by deception, contrary to s 326 of the Criminal Code 2002 (ACT), each punishable by 10 years' imprisonment, 1,000 penalty units or both.

3.          Finally, you ask that I take in to account when sentencing you for one of the offences of burglary, which I shall identify later in these reasons, three offences of burglary and one offence of theft contained on a List of Additional Offences dated 7 November 2018.

4.          On 6 November 2018, the Crown filed an indictment containing 38 counts. After a process of negotiation, a number of these charges did not proceed. Where appropriate, I will refer to the charges by their count number on the indictment. With regard to the charges which were committed for sentence from the Magistrates Court, I will refer to the charges by the Magistrates Court charge number. I will also refer to the charges of burglary on the List of Additional Offences by reference to their respective Magistrates Court charge number or indeed their count on the indictment where that is appropriate.

5.          The charge of theft contained on the List of Additional Offences was Count 34 on the indictment of 6 November 2018. With the exception of those charges, to which you entered pleas of guilty in the Magistrates Court in February 2018, you agreed to enter pleas of guilty after a Criminal Case Conference which took place on the 29 October 2018. During that Conference the parties reached a compromise whereby you would plead guilty to the charges to which you have now entered pleas of guilty, and to the charges on the List of Additional Offences, in satisfaction of all outstanding charges.

6.          I will now turn to the facts. Between 12:18 pm and 1:12 pm on the 13 June 2017, you committed offences of burglary and theft to residential premises at [redacted] in the Australian Capital Territory. These are Counts 9 and 10 on the indictment respectively. You obtained entry by breaking a window and removing a flyscreen. A quantity of property, with an estimated value of $5,117 was taken. Amongst the items taken was an ANZ corporate credit card in the name of KB.

7.          You used that ANZ corporate credit card to make eight purchases between 1:27 pm and 5:32 pm on the 13 June 2017. Each of those purchases was of moderate value, with the most expensive being two purchases to the value of $87.75 each from Woolworths at Franklin. This is the basis of Count 11 on the indictment, a rolled up count encompassing eight separate transactions. You also attempted to use the ANZ corporate credit card to make a purchase of jewellery to the value of $3,014.95 from an online store. However, this transaction was reversed, as it was suspected to be fraudulent, prior to being processed. You also attempted to use that credit card to make two relatively small transactions from a supermarket in Kambah. All of these transactions are the basis of Count 12, a rolled up count encompassing three separate transactions.

8.          The List of Additional Offences requests that I take into account the three charges of burglary and one charge of theft set out therein when sentencing you with regard to the burglary in Count 9 on the indictment. The first such charge of burglary was Count 31 on the indictment. Between 10:19 am and 11:16 am on 13 July 2017, you obtained entry to residential premises at [redacted] by smashing a rear glass sliding door. The premises had been searched but nothing was taken.

9.          The second charge of burglary on the List of Additional Offences corresponds to Count 32 on the indictment. Between 10:19 am and 11:16 am on 13 July 2017, you also obtained entry to residential premises at [redacted] and searched those premises, although nothing was taken.

10.       The third charge of burglary on the List of Additional Offences corresponds to Count 33 on the indictment. Between 10:19 am and 11:16 am on 13 July 2017, you also obtained entry to residential premises at [redacted]. You stole property estimated to be worth $329. The theft of this property is the basis of the single count of theft on the List of Additional Offences and corresponds to Count 34 on the indictment.

11.       On 13 June 2017, you committed offences of burglary and theft at residential premises at [redacted]. These offences occurred between 1:25 pm and 2:43 pm. It appears that you gained entry through the front door, although it is not clear how this was done. This is the basis of Count 13 on the indictment. You stole property belonging to one of the residents, CE, with an estimated value of $4,444.63. This is Count 14 on the indictment. You also stole property belonging to another resident, TK, with an estimated value of $13,000. This is Count 15 on the indictment. In addition, a silver men's watch belonging to another resident, with an estimated value of $350 was stolen. This is Count 16 on the indictment.

12.       Between 11:17 am and 12:23 pm on 19 June 2017, you committed offences of burglary and theft at residential premises at [redacted]. You gained entry by smashing a bedroom window and removing a flyscreen. A quantity of property, with an estimated value of $250 was stolen. The burglary charge is Count 17 on the indictment and the theft charge is Count 18.

13.       Between 11:17 am and 12:23 pm on 19 June 2017, you committed a further burglary of residential premises at [redacted]. You gained entry by cutting a flyscreen and smashing a window. Nothing was stolen. This burglary is Count 19 on the indictment.

14.       Between 12:46 pm and 1:55 pm on 19 June 2017, you committed a further offence of burglary in residential premises at [redacted]. You obtained entry to those premises by removing a flyscreen and smashing a window. This burglary is Count 20 on the indictment. Approximately $17 was stolen. This theft was Count 21 on the indictment.

15.       Between 12:46 pm and 1:55 pm on 19 June 2017, you committed further offences of burglary and theft at residential premises at [redacted]. You obtained entry to those premises by removing a flyscreen and breaking a chain between a window winder and the window. This burglary is Count 22 on the indictment. A small quantity of property with an estimated value of $239 was taken. This is the basis of Count 23 on the indictment. Some of that property was ultimately recovered during the execution of a search warrant at your home and was returned to the owner.

16.       Between 12:46 pm and 1:55 pm on 19 June 2017, you committed offences of burglary and theft at residential premises at [redacted]. You gained entry to those premises by breaking a glass sliding door. This burglary is Count 24 on the indictment. A quantity of property, with an estimated value of $1,198 was stolen, including an ANZ visa debit card, ending in the numbers 5015. This theft is Count 25 on the indictment.

17.       The six charges of obtaining property by deception, which were committed for sentence to this Court, related to transactions you completed between 3:15 pm and 4:15 pm on 19 June 2017, using the ANZ visa debit card ending in 5015. Each of these purchases was for a relatively small amount, with the largest purchase amounting to $92.67. Three of these transactions related to you putting petrol in to three vehicles which belonged to your employer. You had been provided with a card for that purpose by your employer. After using the stolen card to put petrol in to those vehicles, you returned to your employer and told your employer that you had used a credit card to pay for the fuel by mistake. You produced receipts for the fuel so that you could be reimbursed. You were reimbursed a total of $238.67 by your employer. This is the basis of Count 26 on the indictment, a charge of obtaining property by deception.

18.       Between 9:38 am and 10:28 am, on 25 June 2017, you committed offences of burglary and theft at residential premises at [redacted]. You obtained entry to those premises by removing a screen door from its runners, in the process, cracking the glass door. This burglary is Count 27 on the indictment. You stole a purse containing various amounts of Australian and overseas currency, with an estimated value of $3,439. This theft is Count 28 on the indictment.

19.       Between 10:07 am and 10:56 am on 12 July 2017, you committed offences of burglary and theft at residential premises at [redacted]. You obtained entry through the front door, in doing so damaging the lock to the door. This burglary is Count 29 on the indictment. A quantity of property with an approximate value of $4,154 was stolen. This theft is Count 30 on the indictment.

20.       Between 1:44 pm and 2:30 pm on 14 August 2017, you committed offences of burglary and theft at residential premises at [redacted]. You obtained entry by breaking a bedroom window and damaging a flyscreen. This burglary is Count 35 on the indictment. A quantity of jewellery and approximately $100 in cash was taken. This theft is Count 36 on the indictment. Some of the jewellery was recovered during the execution of a search warrant at your premises on 15 August 2017, and was returned to its owner.

21.       Between 1:44 pm and 2:30 pm on 14 August 2017, you committed offences of burglary and theft at residential premises at [redacted]. You obtained entry to those premises by smashing a rear sliding glass door. This burglary is Count 37 on the indictment. Two watches and two gold rings were stolen with an unknown value. This theft is Count 38 on the indictment. One of those watches was recovered during the execution of the search warrant at your premises on 15 August 2017 and returned to its owner.

22.       You were arrested on 15 August 2017 and you have been in custody since that time. It is an aggravating circumstance, attending the commission of these offences, that at the time you committed them, you were subject to suspended sentences of imprisonment imposed by Refshauge J on 12 November 2015. On that day, you were sentenced to an aggregate term of imprisonment of four years, commencing 10 November 2015, but wholly suspended with a Good Behaviour Order for a period of four years.

23.       Convictions on the present charges requires me to deal with breaches of the Good Behaviour Orders imposed by his Honour. You have what can only be described as a disgraceful criminal history. At the time that you were sentenced by Refshauge J on 12 November 2015, his Honour noted that you have previously been found guilty of at least 73 offences, the vast majority of which were dishonesty offences, many of them burglary or breaking and entering and stealing.

24.       Your history suggests a complete disregard for the rights of others and for the law. Your history, together with the present offences, speaks of the need to protect the community from you, to punish you and to deter you from committing this type of offence. Objectively, these offences call for lengthy periods of imprisonment.

25.       You are currently 40 years old. A Pre-Sentence Report prepared for the purpose of sentencing you for the present offences, notes your extensive criminal history. You have been known to ACT Corrective Services since 2005. Records of that agency indicate that the majority of your community based sentenced have resulted in breach action or revocation, due to non-compliance or reoffending. The Report further notes that you have been charged with a number of misconduct incidents during your present period of incarceration.

26.       Some details of your misconduct in the Alexander Maconochie Centre were provided but they were not sufficient to enable me to determine, with any degree of confidence, the gravity of those incidents. The most recent incident appears to have been on 5 August 2018.

27.       You were born in Queanbeyan, the eldest of six siblings. Your parents separated when you were six years old and you lived with your father until you were nine years old, when you were placed in foster care. You described your childhood as difficult and stated that you were exposed to alcohol abuse and domestic violence as a child.

28.       You reported that you were the victim of sexual abuse at the age of 13 years, whilst in foster care in New South Wales. You told the author of the Report that you have a supportive relationship with your mother and siblings. You said that your relationship with your father was strained due to your drug use, however, he is still supportive of you. You reported that you have been in a de facto relationship for approximately 17 years and you are the father of four children between the ages of six and 12 years.

29.       You had a 21 year old son from a previous relationship, who was killed in a road accident in 2018, and you are currently engaging in grief counselling at the AMC.

30.       Prior to your present incarceration, you were residing in an ACT Housing property with your partner and children, and you are able to return to that address upon your release. You finished your formal schooling part way through Year 9, due to a lack of interest. You also faced suspension for behavioural issues.

31.       You completed Year 10 while incarcerated and since then you have obtained various qualifications, including heavy machinery and forklift licences and a White Card. You reported an employment history in the building industry. You were employed as a traffic controller most recently and believed that you would be able to find work in the building industry on your release.

32.       You told the author of the Report that you started consuming alcohol at age 12 years. You claimed that you do not have a current problem with alcohol. You stated that you started smoking cannabis at age 14 years, progressing to daily use by the age of 25 years. You stated that you were smoking one gram of cannabis daily prior to your incarceration.

33.       You commenced using heroin at age 16 years and reported that you have used that substance on and off throughout the years. You stated that prior to your present incarceration, you were using heroin daily and spending approximately $300 a day on that substance. I note that addiction to substance, such as heroin or cannabis is normally not mitigatory with respect to offences of the nature which you currently face. However, some amelioration of that strict principle is permitted in circumstances such as here, where you commenced using drugs at an early age, such that you are not to be held as responsible for the consequences of your drug addiction as if you had commenced using such drugs as an adult.

34.       You told the author of the Pre-Sentence Report that you successfully completed the Alcohol Drug Awareness Prevention Training at the AMC on 30 August 2018. You further advised that you have been receiving pharmacotherapy treatment at the AMC, and you expressed a willingness to undertake alcohol and other drug counselling while in the community.

35.       You have been subject to drug testing on five occasions within the AMC. On 2 October 2007, you tested positive for THC. On 5 November 2017, you tested positive for amphetamines, methamphetamines and THC. Each subsequent test has been negative for illicit drugs. The Pre-Sentence Report states that you were assessed by Forensic Mental Health Services on 16 August 2017 and there was no evidence of a major mental illness.

36.       You reported that you are currently being monitored within the AMC for your history of cirrhosis. You were assessed by the author of the Pre-Sentence Report as at medium risk of general re-offending, primarily, due to your criminal history, employment, leisure, companions and drug use. In my opinion, bearing in mind your criminal history, this assessment probably understates your risk of offending.

37.       A bundle of documents was tendered on your behalf at the sentence hearing. A letter dated 5 June 2018, from Alex Boggs, of an organisation Campbell Page, confirmed that you were participating in education and training facilitated by that organisation within the AMC. You were assessed as possessing good literacy and numeracy skills. The letter further sets out nine vocational education training certificate qualification courses which you have completed within the AMC. The letter noted that you often assist other detainees in a positive mental capacity, applying your computer skills and learning skills to good use.

38.       Another letter, dated 23 October 2018, makes reference to further courses completed by you within the AMC and to the fact that you are currently employed as an education tutor to assist other detainees. Copies of many of the certificates of achievement form part of the bundle.

39.       Part of the bundle was a letter written by you to the Court. In that letter you state that you are ashamed of the offences which you have committed. You stated that for seven years before these offences you were a productive member of the community, working on a regular basis and abstaining from drug use. I observe that this is not strictly accurate.

40.       The offences for which you were sentenced to imprisonment by Refshauge J occurred in 2014, only three years before the current offences. In his sentencing remarks, delivered on 12 November 2015, Refshauge J referred to you not having committed offences of dishonesty for a period of six years prior to him sentencing you, but he did note that you were, for a portion of that time, in custody. Whatever may have been the position before Refshauge J, you have now committed six burglaries and six thefts in October 2014 and a further 18 burglaries, 17 thefts, nine offences of obtaining property by deception and three offences of attempting to obtain property by deception in 2017.

41.       In your letter, you stated that things were going well for you until someone from your past came back into your life and things went downhill. I accept that recovery from drug addiction is difficult and that people with longstanding drug addiction may relapse from time to time. However, you were no novice when it came to the dangers of relapse into drug addiction and the resources available to assist relapsing drug addicts when you committed these offences.

42.       The community may have considerable sympathy for a person who relapses into drug addiction but seeks out the appropriate assistance to deal with it. Less sympathy is available to those who choose to commit serious criminal offences to drug addiction, rather than seeking assistance to deal with their relapse.

43.       In your letter, I note that you have expressed remorse for your offending and I accept that this expression is genuine. Part of the bundle that was tendered on your behalf is a letter from the Reverend Peta Thorpe, dated 21 January 2019. She first met you in her capacity as a pastoral care chaplain at the AMC in 2017. Towards the end of 2018, she spoke with you at length about your son's death. She stated that the loss of your son, even though you were estranged, has impacted you deeply. She stated that you have enrolled in a course described as Seasons for Growth, which is a grief and loss program that takes four to six weeks to complete, and requires a high level of honesty and self-reflection from participants. She stated that you have expressed a great desire to turn your life around.

44.       A number of Victim Impact Statements were tendered as part of the Crown bundle. They speak of the harm done to those victims, who prepared the statements, and the sense of violation they suffered as a consequence of these offences. While many of the offences of theft involved property of relatively small value, some of it had very significant sentimental value for the victims.

45.       Bearing in mind the number of times that you have been sentenced in the past for offences of burglary and theft, I have no doubt that you were fully aware of the potential impact of your offending on your victims, when you committed the present offences. The simple fact is that you did not care and you placed your own selfish interests above those of your victims. I accept that little planning went in to these offences but they were undoubtedly premeditated. Your choice of premises to enter may have been spontaneous but you were undoubtedly intent upon committing offences of this nature. As such, there was a clear degree of premeditation. A number of the offences occurred on the same day, often in the same residential complex.

46.       In sentencing you, I will fix appropriate sentences for each particular offence and I will then determine the extent to which individual sentences should be served concurrently or consecutively. I will bear in mind the need to impose a sentence which reflects properly the totality of your offending. The offences of burglary all follow a similar pattern or modus operandi.

47.       In some cases, relatively minor damage was occasioned to the premises, by you, in order to gain access but I will not increase the appropriate penalty for those offences, for that reason. Although this may be somewhat generous to you, I will not increase the sentence for later offences, and I will treat all of the burglary offences as essentially occurring as part of one course of conduct.

48.       You have not yet reached the stage where rehabilitation is irrelevant. You still have prospects for rehabilitation and you have demonstrated in the past that you are capable of addressing your drug addiction, obtaining work and being a useful member of the community, as well as a good and loving father and partner. I cannot, however, say that your rehabilitation prospects, at the present time, are good. In my opinion, they must be seen as guarded. The nature and number of offences before this Court, together with your criminal history speaks of the need to impose sentences designed to deter you from further criminal offending and also to protect the community. General deterrence is always an important consideration in sentencing for offenders of this type.

49.       Clearly, nothing less than immediate terms of imprisonment are appropriate. I take into account your pleas of guilty. It cannot be said that those matters which resolved after the Criminal Case Conference were early pleas. In addition, you obtained a benefit through the reduction of the number of charges that you were facing. Your pleas to these charges nevertheless had utilitarian value. I will reduce by approximately 10 per cent the otherwise appropriate sentences with regard to those charges to which you entered pleas of guilty after the Criminal Case Conference. With regard to the charges where pleas of guilty were entered in the Magistrates Court, I will reduce the otherwise appropriate sentences by approximately 25 per cent.

50.       On Count 9 on the indictment (CC2017/12496), I record a conviction. This means that you are in breach of the Good Behaviour Orders imposed by Refshauge J on 12 November 2015. I cancel the Good Behaviour Orders imposed by his Honour and I will re-sentence you with respect to those offences. In doing so, I will use the description of the offence, used by his Honour in his sentencing remarks, on 12 November 2015.

51.       With regard to the first burglary at Casey on 1 October 2014 (CC14/11638), you are sentenced to eight months' imprisonment, commencing 15 August 2017 and expiring 14 April 2018. With regard to the offence of theft from those premises (CC14/11644), you are sentenced to five months' imprisonment, commencing 15 August 2017 and expiring 14 January 2018.

52.       With regard to the second burglary at Casey (CC14/11639), you are sentenced to eight months' imprisonment, commencing 15 November 2017 and expiring 14 July 2018. With regard to the theft from those premises (CC14/11645), you are sentenced to five months' imprisonment, commencing 15 November 2017 and expiring 14 April 2018.

53.       With regard to the third burglary at Casey (CC14/11640), you are sentenced to eight months' imprisonment, commencing 15 February 2018 and expiring 14 October 2018. With regard to the theft from those premises (CC14/11646), you are sentenced to five months' imprisonment, commencing 15 February 2018 and expiring 14 July 2018.

54.       With regard to the fourth offence of burglary at Casey (CC14/11641), you are sentenced to eight months' imprisonment, commencing 15 May 2018 and expiring 14 January 2019. With regard to theft from those premises (CC14/11647), you are sentenced to five months' imprisonment, commencing 15 May 2018 and expiring 14 October 2018.

55.       With regard to the first burglary at Calwell (CC14/11642), you are sentenced to nine months' imprisonment, commencing 15 July 2018 and expiring 14 April 2019. With regard to theft from those premises (CC14/11648), you are sentenced to five months' imprisonment, commencing 15 August 2018 and expiring 14 January 2019.

56.       With regard to the second burglary at Calwell (CC14/11643), you are sentenced to nine months' imprisonment, commencing 15 October 2018 and expiring 14 July 2019. With regard to theft from those premises (CC14/11649), you are sentenced to five months' imprisonment, commencing 15 October 2018 and expiring 14 March 2019.

57.       The total sentence which I have imposed therefore, with regard to the breach matters is one of one year, 11 months' imprisonment, commencing 15 August 2017 and expiring 14 July 2019. I have fixed those periods and that aggregate period, bearing in mind the period of time which you were subject to the Good Behaviour Orders before you committed the present offences and were ultimately remanded in custody.

58.       I will now turn to the present offences. With regard to Count 9 (CC2017/12496), taking into account the offences on the List of Additional Offences, you are sentenced to three years and seven months' imprisonment, commencing 15 January 2019 and expiring 14 August in 2022. I have reduced this from four years' imprisonment because of your plea of guilty.

59.       With regard to Count 10 (CC2017/12497), you are convicted and sentenced to 13 months' imprisonment, commencing 15 September 2021 and expiring 14 October 2022. I have reduced this from 15 months' imprisonment because of your plea of guilty.

60.       With regard to Count 11 (CC2017/12498; CC2017/12499; CC2017/12500; CC2017/12501; CC2017/12502; CC2017;12503; CC2017/12505; CC2017/12506), you are convicted and sentenced to five months' imprisonment, commencing 15 September 2021 and expiring 14 February 2022. I have reduced this from six months because of your plea of guilty.

61.       With regard to Count 12 (XO2018/31325; XO2018/31326; XO2018/31327), you are convicted and sentenced to 13 months' imprisonment, commencing 15 September 2021 and expiring 14 October 2022. I have reduced this from two years' imprisonment because of your plea of guilty.

62.       With regard to Count 13 (CC2017/12507), you are convicted and sentenced to 22 months' imprisonment, commencing 15 February 2021 and expiring 14 December 2022. I have reduced this from two years because of your plea of guilty.

63.       With regard to Count 14 (CC2017/12508), you are convicted and sentenced to 13 months' imprisonment, commencing 15 January 2022 and expiring 14 February 2023. I have reduced this from 15 months because of your plea of guilty.

64.       With regard to Count 15 (CC2017/12509), you are convicted and sentenced to 18 months’ imprisonment, commencing 15 October 2021 and expiring 14 April 2023. I have reduced this from 20 months because of your plea of guilty.

65.       With regard to Count 16 (XO2018/31328), you are convicted and sentenced to one month imprisonment, commencing 15 February 2021 and expiring on 14 March 2021.

66.       With regard to Count 17 (CC2017/12512), you are convicted and sentenced to 22 months' imprisonment, commencing 15 September 2021 and expiring 14 July 2023. I have reduced this from two years because of your plea of guilty.

67.       With regard to Count 18 (XO2018/31329), you are convicted and sentenced to one month imprisonment, commencing 15 September 2021 and expiring 14 October 2021.

68.       With regard to Count 19 (CC2017/12511), you are convicted and sentenced to 22 months' imprisonment, commencing 15 December 2021 and expiring 14 October 2023. I have reduced this from two years because of your plea of guilty.

69.       With regard to Count 20 (CC2017/9140), you are convicted and sentenced to 22 months' imprisonment, commencing 15 March 2022 and expiring 14 January 2024. I have reduced this from two years because of your plea of guilty.

70.       With regard to Count 21 (XO2018/31330), you are convicted and sentenced to one month imprisonment, commencing 15 March 2022 and expiring 14 April 2022.

71.       With regard to Count 22 (CC2017/9141), you are convicted and sentenced to 22 months' imprisonment, commencing 15 June 2022 and expiring 14 April 2024. I have reduced this from two years because of your plea of guilty.

72.       With regard to Count 23 (XO2018/31331), you are convicted and sentenced to one month imprisonment, commencing 15 June 2022 and expiring 14 July 2022.

73.       With regard to Count 24 (CC2017/9138), you are convicted and sentenced to 22 months' imprisonment, commencing 15 September 2022 and expiring 14 July 2024. I have reduced this from two years because of your plea of guilty.

74.       With regard to Count 25 (XO2018/31332), you are convicted and sentenced to five months' imprisonment, commencing 15 September 2022 and expiring 14 February 2023. I have reduced this from six months' imprisonment because of your plea of guilty.

75.       On each charge of obtaining property by deception, which was committed for sentence to this Court, from the Magistrates Court (CC2017/9143; CC2017/9144; CC2017/9145; CC2017/9146; CC2017/9147; CC2017/9148), I record convictions and you are sentenced to two months' imprisonment on each charge, commencing 15 June 2024 and expiring 14 August 2024.

76.       With regard to Count 26 (XO2018/31333), you are convicted and sentenced to five months' imprisonment, commencing 15 May 2024 and expiring 14 October 2024. I have reduced this from six months because of your guilty plea.

77.       With regard to Count 27 (CC2017/12514), you are convicted and sentenced to 22 months' imprisonment, commencing 15 March 2023 and expiring 14 January 2025. I have reduced this from two years because of your plea of guilty.

78.       With regard to Count 28 (XO2018/31334), you are convicted and sentenced to 13 months' imprisonment, commencing 15 February 2024 and expiring 14 March 2025. I have reduced this from 15 months because of your plea of guilty.

79.       With regard to Count 29 (CC2017/12516), you are convicted and sentenced to 22 months' imprisonment, commencing 15 August 2023 and expiring 14 June 2025. I have reduced this from two years because of your plea of guilty.

80.       With regard to Count 30 (CC2017/12517), you are convicted and sentenced to 13 months' imprisonment, commencing 15 June 2024 and expiring 14 July 2025. I have reduced this from 15 months because of your plea of guilty.

81.       With regard to Count 35 (XO2018/31336), you are convicted and sentenced to 22 months' imprisonment, commencing 15 December 2023 and expiring 14 October 2025. I have reduced this from two years because of your plea of guilty.

82.       With regard to Count 36 (XO2018/31337), you are convicted and sentenced to one month imprisonment, commencing 15 December 2023 and expiring 14 January 2024.

83.       With regard to Count 37 (CC2017/9149), you are convicted and sentenced to 22 months' imprisonment, commencing 15 March 2024 and expiring 14 January 2026. I have reduced this from two years because of your plea of guilty.

84.       With regard to Count 38 (XO2018/31338), you are convicted and sentenced to one month imprisonment, commencing 15 March 2024 and expiring 14 April 2024.

85.       The total aggregate sentence which I have therefore imposed, including those charges upon which you have been re-sentenced is one of eight years, five months' imprisonment, commencing 15 August 2017 and expiring on 14 January 2026.

86.       I set a non-parole period of six years and six months, commencing on 15 August 2017 and expiring on the 14 February 2024.

I certify that the preceding eighty-six [86] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns.

Associate:

Date:

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Amendments

26 June 2019     Replace “15 January 2018” with “15 February 2018”      Paragraphs: [53]

Replace “14 January 2023” with “14 February 2023”      Paragraphs: [74]

Replace “May 2024” with “15 May 2024”  Paragraphs: [76]

Replace “14 August 2024” with “14 October 2024”         Paragraphs: [76]