R v Phillips

[2024] NSWDC 293

District Court

New South Wales

Medium Neutral Citation:

R v Phillips [2024] NSWDC 293

Hearing dates:

28 February and 10 May 2024

Decision date:

22 July 2024

Jurisdiction:

Criminal

Before:

Colefax SC DCJ

Decision:

Aggregate term of imprisonment of 8 years 6 months with a non parole period of 5 years

Catchwords:

CRIME - SENTENCE - recklessly causing grievous bodily harm whilst in company; aggravated robbery with wounding; drive whilst disqualified; fire a firearm at a dwelling house with disregard to safety; possess an unauthorised pistol; acquire a firearm whilst subject to a prohibition order; acquire ammunition whilst subject to a prohibition order; use a prohibited weapon contrary to a prohibition order; drive a motor vehicle whilst disqualified; drive recklessly, furiously or in a manner dangerous

Legislation Cited:

Crimes Act 1900 (NSW), ss35(1), 96 and 93GA(1); Road Transport Act 2013 (NSW), ss54(1)(a) and 117(2); Firearms Act 1996 (NSW), ss7(1), 74(1) and 74(3); Weapons Prohibition Act 1998 (NSW), s34(1)

Cases Cited:

Bugmy v The Queen [2013] 249 CLR 571; DPP (Cth) v De La Rosa [2010] NSWCCA 194

Category:

Sentence

Parties:

Rex (Crown)

Caleb Reece Phillips (Offender)

Representation:

Ms Olender (ODPP, Wollongong)

Mr Dayeian (Counsel for the offender)

File Number(s):

2022/320655; 2022/320664; 2023/515410

Publication restriction:

Nil

Judgment

1. Caleb Reece Phillips, you appear for sentence today in relation to the following eleven offences.

2. First, the offence of recklessly causing grievous bodily harm whilst in company (H162491401/2) (“the first offence”). It involves the contravention of s35(1) of the Crimes Act 1900 (NSW), the maximum penalty for which is imprisonment for 14 years; and there is standard non-parole period of imprisonment of 5 years.

3. Secondly, the offence of aggravated robbery with wounding, the circumstance of aggravation being the use of corporal violence (H9223674/5) (“the second offence”). It involves the contravention of s96 of the Crimes Act, the maximum penalty for which is imprisonment for 25 years; and there is no standard non-parole period.

4. Thirdly, the offence of driving whilst disqualified (second offence plus) (…674/2) (“the third offence”). It involves the contravention of s54(1)(a) of the Road Transport Act 2013 (NSW), the maximum penalty for which is imprisonment for 12 months and an automatic licence disqualification of 12 months.

5. Fourthly, the offence of firing a firearm at a dwelling house with disregard to safety (H77388769/3) (“the fourth offence”). This offence involves the contravention of s93GA(1) of the Crimes Act, the maximum penalty for which is imprisonment for 14 years; and there is a standard non-parole period of 5 years.

6. In relation to the fourth offence, you have asked me to take into account two matters on a Form 1 which I have certified. Those two matters are both matters of being carried in a conveyance taken without the consent of the owner (…769/2 and …769/10).

7. Fifthly, the offence of possessing an unauthorised pistol (…769/5) (“the fifth offence”). It involves the contravention of s7(1) of the Firearms Act 1996 (NSW), the maximum penalty for which is imprisonment for 14 years; and there is a standard non-parole period of 4 years.

8. Sixthly, the offence of acquiring a firearm whilst subject to a prohibition order (…769/8) (“the sixth offence”). It involves a contravention of s74(1) of the Firearms Act, the maximum penalty for which is imprisonment for 5 years; and there is no standard non-parole period.

9. In relation to the sixth offence, you have asked me to take into account another matter on another Form 1 which I have certified, namely possessing ammunition without holding a licence, permit or authority (…769/6).

10. Seventhly, the offence of acquiring ammunition whilst subject to a prohibition order (…769/9) (“the seventh offence”). It involves the contravention of s74(3) of the Firearms Act, the maximum penalty for which is imprisonment for 5 years; and there is no standard non-parole period.

11. Eighthly, the offence of acquiring a firearm whilst subject to a prohibition order (…769/14) (“the eighth offence”). I have already stated the statutory provision which has been contravened and the maximum penalty.

12. Ninthly, the offence of using a prohibited weapon contrary to a prohibition order (…769/15) (“the ninth offence”). It involves the contravention of s34(1) of the Weapons Prohibition Act 1998 (NSW), the maximum penalty for which is imprisonment for 10 years; and there is no standard non-parole period.

13. Tenthly, the offence of driving a motor vehicle whilst disqualified (second or subsequent offence) (…769/11) (“the tenth offence”). I have already stated the statutory provision which has been contravened and the maximum penalty.

14. Eleventhly, the offence of driving recklessly, furiously or in a manner dangerous, second or subsequent offence (…769/13) (“the eleventh offence”). It involves a contravention of s117(2) of the Road Transport Act, the maximum penalty for which is imprisonment for 12 months and an automatic licence disqualification of 5 years.

15. In relation to the eleventh offence, you have asked me to take into account another matter on another Form 1 which I have certified, namely not complying with a direction to stop or move (…769/12).

16. The agreed facts surrounding the eleven offences and the four Form 1 matters are contained in three separate Crown tender bundles. The facts for the first offence are in Exhibit B tab 4. The facts for the second and third offences are in Exhibit C tab 4 (as amended). The facts for the fourth to eleventh offences (and the four matters on the Forms 1) are in Exhibit D tab 7. The facts in those documents have been supplemented by the contents of other documents tendered either by consent or without objection; and concessions made on your behalf by counsel during oral submissions (for example, that the firearm / revolver in paragraphs [6], [34], [60] and [61] of tab 7 of Exhibit D are the same firearm / revolver).

17. For my purposes today, those facts can be summarised as follows.

18. At all relevant times, you were disqualified from driving from 25 June 2019 to at least 9 April 2021 (in fact, you have never held a valid driver’s licence); and you were served with a firearm prohibition order and a weapon prohibition order in 2020.

19. On 21 October 2021, you were sentenced in the Local Court to a period of full-time imprisonment for the offences of police pursuit, dangerous driving and breaching prohibition orders.

20. On 13 May 2022, you were sentenced in this Court to a period of full-time imprisonment for the offence of assault occasioning actual bodily harm. You had a co-offender in relation to that offence, Mr Jeremiah, who is also known as Mr Ropati.

21. You were released to parole in relation to those offences on 12 September 2022. You were 23 years old.

22. Not two weeks after you were admitted to parole and, more specifically, on 24 September 2022, at about 9:30am, Mr Shee (aged 29 years) visited friends in a home unit complex in Liverpool.

23. At about 10:50am, you and three other people (one of whom was Mr Jeremiah) arrived in a motor vehicle at that home unit complex. Another motor vehicle arrived at about the same time. The occupants of both vehicles (“your group”), including you, got out of those vehicles. Some were pacing up and down.

24. At about 11:10am, Mr Shee came outside of the complex to get some cigarettes.

25. As he did so, he was confronted by you and members of your group. One of your group said to Mr Shee, “Hey bro, do you remember me?”. This question reveals that the encounter between your group and Mr Shee was not by chance. A scuffle broke out (in which you and Mr Jeremiah were the aggressors), as a result of which Mr Shee fell to the ground.

26. Whilst Mr Shee was in that vulnerable position, Mr Jeremiah punched him multiple time to the face; and you kicked him four times to the side of his body and head. Another member of your group also kicked and punched Mr Shee. And then Mr Jeremiah stomped (once) on Mr Shee’s face.

27. CCTV footage showed Mr Shee spasm and convulse and to bleed heavily from his face.

28. You and your co-offenders then drove away.

29. Mr Shee was taken by friends to Liverpool Hospital where he remained for about 8 days. For the first two days, he was in the Intensive Care Unit and intubated.

30. As a result of the assault, Mr Shee sustained:

“(a) left peri-orbital swelling and bruising;

(b) malocclusion with a cross-bite of the left maxillary teeth; and

(c) bilateral nasal bone fractures, frontal sinus, bilateral orbital wall fractures, bilateral zygomatic arch, zygoma and pterygoid fractures”.

31. Mr Shee underwent surgery on 10 October 2022 and was discharged the next day. The agreed statement of facts state that Mr Shee “…will make a full recovery in relation to the occlusion. The internal plates inserted during the surgery are life-long, but the arch bars are temporary”.

32. There is no evidence in the form of a victim impact statement (or otherwise) as to what, if any, long term psychological issues were sustained by Mr Shee in this brutal, unprovoked and cowardly attack.

33. Through your counsel, you have agreed that you are not only criminally and morally responsible for your own actions in kicking Mr Shee four times to the side of his head and body, but also criminally and morally responsible for those of Mr Jeremiah and the other member of your group.

34. It is these facts which constitute the first offence.

35. On 11 October 2022, at about 6:47pm, Mr Zlantanovic (aged 53 years) went to the Unanderra Hotel.

36. Whilst there, he met Ms Clay-Butler, someone with whom he had some previous social interaction. Ms Clay-Butler introduced Mr Zlantanovic to a friend of hers, Ms Krysten Campbell (aged 25 years).

37. Not only was Ms Clay-Butler at that hotel with Ms Campbell, she was also there with you, Mr Jeremiah and Mr Henry Campbell (no relation to Krysten Campbell).

38. Between 6:51pm and 8:09pm, a number of SMS messages were sent between you and Mr Jeremiah (even though you were both together at the hotel). There were also relevant face-to-face and telephone conversations involving Mr Campbell, Ms Campbell and Ms Clay-Butler. I am satisfied that the only rational inference in the circumstances is that the subject matter of those messages and conversations related to what happened to Mr Zlantanovic later that evening. It was, therefore, a planned incident; not a spontaneous or opportunistic event.

39. At about 8:23pm, Mr Zlantanovic left the hotel in the company of Ms Campbell, after which they travelled in Mr Zlantanovic’s motor vehicle to his residential premises at Port Kembla. Mr Zlantanvic had $16,000.00 in cash on him from poker machine winnings. At those premises, Mr Zlantanovic and Ms Campbell engaged in (what is described in the amended statement of facts on sentence) “a sex act” and smoked some drugs.

40. At about 1 and a half hours after Mr Zlantanovic and Ms Campbell arrived at his premises, a motor vehicle being driven by you parked opposite Mr Zlantanovic’s premises. Also in that vehicle were Mr Jeremiah and Mr Campbell.

41. The three of you then crossed the road and went to the front door of Mr Zlantanovic’s premises. You were armed with a kitchen or hunting knife; and Mr Campbell was armed with a large machete. Mr Jeremiah was unarmed.

42. By obvious pre-arrangement, Ms Campbell opened the front door of those premises to allow you and the other two men to enter – after which Mr Zlantanovic was viciously assaulted and wounded several times to his back, neck, shoulder, bicep and forearm by you and Mr Campbell using the weapons I have already referred to. Although at an earlier point Mr Jeremiah tried to restrain you and Mr Campbell, he ultimately joined in the attack on Mr Zlantanovic by punching him several times in the face above the eye. You took $16,000.00 from Mr Zlantanovic, after which you and your co-offenders left the premises.

43. Mr Zlantanovic was taken to Wollongong Hospital where he received treatment for his injuries. That treatment included three surgical procedures in the week following the offence. An expert’s certificate indicates he sustained the following wounds (which broke both the epidermis and the dermis):

1. right neck laceration 4cm wide and 4cm deep;

2. left leg laceration 8cm long and 3cm deep;

3. left eyelid laceration 5cm long and 2cm deep;

4. left forearm laceration 10cm x 5cm and down to the bone; and

5. left deltoid laceration 5cm long and 3cm deep.

“The treatment was described as exploration, washout and repair of all lacerations with sutures under general anaesthetic by the Plastics and Reconstructive Surgery team. Left forearm wound required additional debridement and skin graft after the initial surgery to washout and repair. [Mr Zlantanovic] was in hospital from 11 to 14 October 2022” (cf [61] of the amended statement of facts on sentence).

44. It is these facts which constitute the second offence.

45. It is by you driving the motor vehicle in the circumstances that I have just described that constitutes the third offence.

46. In the early hours of the morning of 26 October 2022, at least one shot was fired into residential premises in Bristol Street, Merrylands West.

47. In the days immediately before that shooting, you and Mr Paul Wood carried out surveillance of those premises.

48. At some time during this surveillance, you were in possession of a Taurus Brazil .357 magnum revolver. It is your possession of that pistol at that particular time which is part of the fifth offence.

49. On 24 October 2022, Mr Wood stole a motor vehicle. Shortly after stealing that motor vehicle, Mr Wood picked you up, after which the motor vehicle (with you as a passenger), in the early hours of the morning of 25 October 2022, travelled through various Sydney suburbs including Blacktown, Seven Hills, Winston Hills, Glenwood, Quakers Hill, Lane Cove, Strathfield and back to Merrylands.

50. You were in that motor vehicle throughout that journey.

51. It is these facts that relate to the first matter of being carried in a conveyance without the consent of the owner (which is sequence 2 on a Form 1 to be taken into account with the fourth offence).

52. As I have already said, in the early hours of the morning of 26 October 2022 (somewhere shortly before 1:37am), at least one shot was fired into those residential premises at Bristol Street.

53. The occupant of those premises was at his home at that time – as was his daughter-in-law and grandson. Later investigation revealed that a projectile had been fired through the front window of the house, through the loungeroom, and which was ultimately embedded in a wall in the kitchen.

54. The shot was fired from the front passenger window of the stolen vehicle which, at the time, was being driven by Mr Wood and in which you were a passenger. The shot was fired from the .357 magnum revolver I earlier referred to.

55. However, it is agreed between you and the Crown that “…it cannot be proved beyond reasonable doubt that [you] fired the firearm”.

56. But you are morally and criminally liable for the shooting on the basis of a joint criminal enterprise.

57. It is these facts which constitute the fourth offence.

58. At about 1:51am, police began a pursuit of the motor vehicle which had been involved in the shooting. There were four people in that motor vehicle at that time: Mr Wood as the driver; you as the front seat passenger; and two other men in the back seat.

59. During the pursuit, you threw the revolver from the car. It is your possession of that pistol at that particular time which is also part of the fifth offence.

60. And it is in being in the motor vehicle at this time which constitutes the second matter of being carried in a conveyance taken without the consent of the owner (which is sequence 10 on a Form 1 to be taken into account with the fourth offence).

61. During 26 October 2022, the police were searching for you.

62. At about 12:42pm, they stopped a motor vehicle in Wentworthville. You were the driver. The police allowed the motor vehicle to drive off; but then they received certain information about you, the driver.

63. The police followed the vehicle and activated warning lights. Instead of stopping your vehicle, you accelerated harshly and drove away at speed.

64. It these facts which constitute sequence 12 which is on a Form 1 to be taken into account with the eleventh offence.

65. A police pursuit then began. It was ultimately discontinued because of the dangerous manner in which the vehicle was being driven. It was later found abandoned.

66. It is these facts which constitute the tenth and eleventh offences.

67. You were found by police in the vicinity of the abandoned motor vehicle at about 1:20pm on 26 October 2022 and you were arrested.

68. After your arrest, and (at least partly) as a result of information provided by you, the police found the .357 magnum revolver which you had thrown from the stolen motor vehicle in the police chase, and which was used in the shooting, and which you had also had in your possession during the surveillance of the Bristol Street premises before the shooting.

69. As a result of your arrest, the police gained access to your mobile phone on which a number of videos were stored.

70. One of those video recordings was made on 24 October 2022 and depicted the .357 magnum revolver. It also depicted six rounds of ammunition.

71. It is the acquisition of the revolver in this context which is the sixth offence; and the acquisition of that ammunition which is the seventh offence. What "ammunition" is supposed to be captured by sequence 6 is not made clear in tab 7 of Exhibit D (i.e. is it the same or different to the ammunition captured by the seventh offence?).

72. Another of those videos was made on 26 September 2022. It depicted a bolt action rifle being held by you. A further video dated 27 September 2022 again depicted you holding the same rifle.

73. It is the acquisition of that firearm on those occasions which is the eighth offence.

74. And another video was made on 23 October 2022. It depicted you holding an item which is commonly called a “taser”. The video shows you using that taser on a person known as “Brook” in a carpark on the day of the recording.

75. It is the use of that weapon on that occasion which is the ninth offence.

76. It is necessary for the Court to make a finding of the objective seriousness for each of the eleven offences for offences of their kind.

77. The first, second, fourth and eleventh offences are above the mid-range.

78. The third, fifth, sixth, seventh and tenth offences are at about the mid-range.

79. The eighth and ninth offences are below the mid-range.

80. Insofar as the four matters on the Form 1's are concerned, none of them will result in any increase for the sentence for the relevant principal offence.

81. All eleven offences are each additionally aggravated by the fact that you were on parole at the time of the offences. The second offence is further additionally aggravated because it occurred in the home of the relevant victim.

82. You did not give sworn evidence in the sentence proceedings. Rather, your subjective circumstances were placed before the Court through the following documents:

1. a sentencing assessment report dated 6 February 2024;

2. a report by Ms Cullen, psychologist, dated 17 February 2024;

3. an affidavit made by your mother (Julie Anne Phillips) on 27 February 2024; and

4. an affidavit made by your solicitor (Ms Bortolotti) on 27 February 2024.

83. Ms Cullen’s report is extensive, detailed and comprehensive. From it, I note the following.

84. You are currently 25 years old and an Australian with Aboriginal heritage.

85. You were the only child born to your parents. However, your father abandoned your mother (and you) before you were born. You had some brief contact with him when you were about 14 years old. That contact was not particularly satisfactory.

86. Your mother re-partnered when you were five years old. She and your stepfather had two sons. You had a close relationship with your mother and your stepbrothers. But your stepfather was a violent man who drank too much. The relationship between your mother and stepfather ended when you were about 15 years old. But before it ended, you witnessed a great deal of domestic violence – and, on occasion, when you tried to intervene on your mother’s behalf, you were also a victim of it.

83. This domestic violence was only one aspect of “an emotionally and socially deprived childhood” – a childhood which was dysfunctional giving rise to a reduction in the moral culpability for your offending which the High Court in Bugmy v The Queen [2013] 249 CLR 571 has directed sentencing judges to take into account.

84. Another aspect of your childhood was that, at about 5 or 6 years of age, you were diagnosed with ADHD. And also as a young person, you were diagnosed with Childhood Disorder, childhood onset type and PTSD.

85. Your schooling was marked by conflict and expulsions. You did not complete Year 10.

86. You commenced using illegal drugs when you were 14 years old. The use of illegal drugs has been a constant factor in your life since, and it has only got worse over time.

87. As well as drugs, you have had long-term issues with gambling.

88. You were first sent to juvenile detention when you were 14 years old. And whilst in juvenile detention when you were 17 years old, you were sexually assaulted by one of the officers who was supposed to protect you.

89. Your experience of detention did not end when you were a juvenile. You have (for your age) a significant criminal history as an adult. And since 2018 (when you were 19 years old), you have spent most of your adult life in gaol. And on relatively recent occasions when you have been on parole, there have been, unfortunately, a number of breach reports.

90. Whilst you were in custody in 2019, you were sent to the Oberon Correctional Centre to participate in the young offenders program. But you were removed from this highly successful program only after two months because you were unable “to refrain from illicit drug misuse”.

91. As at the time of the offending, Ms Cullen concluded that you satisfied the diagnostic criteria for:

1. complex post-traumatic stress disorder;

2. early onset persistent depressive disorder with anxious distress;

3. severe opioid use disorder; and

4. severe amphetamine-type stimulant use disorder.

96. Ms Cullen went on to state at [5.10] of her report that “…this assessment reveals a direct nexus between [your] mental health impairments… [your] secondary substance use disorders and the index offences. Moreover, [your] (secondary) chronic, daily drug use during the commission of the index offences would have further compounded [your] impulsivity and impaired decision making at the time.”

97. Ms Cullen then arrived at this important observation (at paragraphs [5.11] to [5.13] of her report):

“5.11 While this assessment identifies that [you present] with a high risk of reoffending… these assessments are heavily influenced by static (thereby unchangeable) factors. It appears that [you have] made good use of [your] time in custody, as evidenced by the commencement of work and study, [your] self-reported cessation of illicit drugs for the past 15 months, since October 2022 (which now means [you have] sustained abstinence), healthy eating and a daily training regime, as supported by [your] (needed) weight gain. The aforementioned suggests that [you are] therefore committed to prosocial change, which [you] self-reported is motivated by desire to be present and a positive role model for [your] younger brothers. It is likely that this prosocial change has been facilitated by the (depot) buprenorphine program which has enabled [you] an opportunity to exercise self-empowerment, and in turn recognise [your] self-worth and develop self-efficacy. [Your] arrest and current period of incarceration therefore appears to have had a salutary effect.

5.12 This assessment has, however, identified how onerous [your] current period of incarceration has been and the detrimental effect it has had on [your] mental health. In addition to the protracted period spent in segregation which resulted in the (self-reported) onset of psychotic symptoms, the etiology of [your] underlying PTSD is relevant insofar as it transpired in a custodial context. The custodial environment in NSW is generally restrictive and harsh, with frequent exposure to threats, intimidation, and violence amongst inmates. Notwithstanding that [you have] notably contributed to this statistic, the motivation behind [your] behaviour in doing so is most probably related to perceived need for protection, and self-preservation, which has been learnt from [your] past experiences in custody. [Your] complex PTSD places [you] at increased vulnerability compared to other inmates, as [your] trauma symptoms are likely elevated in this environment, thereby making a custodial sentence more onerous for [you]. It is unsurprising therefore that [you have] continued to use illicit drugs whilst in gaol over the past 5-6 years and positioned [yourself] to custodial infringements across time (i.e., being found in possession of weapons for “self-protection”).

5.13 In the absence of [you] seeking professional psychological assistance to resolve [your] underlying PTSD (and persistent depressive disorder) and therefore address [your] criminogenic needs, [you remain] at risk of drug relapse and therefore reoffending. Nonetheless, protective factors which support favourable rehabilitation prospects and subsequently a lowered risk of recidivism, include: [your] insight into the nexus between [your] drug use and criminality across time; the support of [your] mother, and younger half-brothers; sustained (i.e., >1 year) abstinence from illicit drugs; commencement of work; realistic educational goals as well as stable accommodation following [your] release.”

98. For a young offender, such as you, rehabilitation is an important sentencing consideration.

99. And, in your case, specific deterrence is fully engaged.

100. Because, however, of the considerations of Bugmy and DPP (Cth) v De La Rosa [2010] NSWCCA 194, there will be a slight reduction or amelioration of the full application of general deterrence, but it nevertheless remains a significant sentencing consideration.

101. In all the circumstances, I consider your prospects for rehabilitation as being guarded. They would be enhanced by a longer period on parole and, for that reason, as well as your relative youth and the real risk of being institutionalised, I intend to make a finding of special circumstances to vary the ratio of the head sentence to the non-parole period which I shall ultimately impose.

102. You entered early pleas of guilty and are entitled to an effective discount of 25 per cent for those pleas. Given that I shall be imposing an aggregate sentence, the discount of 25 per cent will be applied to the indicative sentences underpinning that ultimate aggregate sentence.

103. As I have indicated earlier in these remarks, you were on parole at the time all of the offences were committed, and that parole was revoked and you subsequently served the balance of your parole from the date of your arrest (26 October 2022) to 12 May 2023.

104. As a deliberate act of leniency (which, in part, is informed by the fact that the first 12 months of your current imprisonment was spent in isolation), the start date of the aggregate sentence will be the date of your arrest, 26 October 2022.

105. No sentence for any of the eleven offences other than full-time imprisonment is appropriate.

106. In relation to the first offence, except for the discount of 25 per cent, the indicative sentence would have been imprisonment for 6 years; after the discount, the indicative sentence is imprisonment for 4 years 6 months.

107. In relation to the second offence, except for the discount of 25 per cent, the indicative sentence would have been imprisonment for 6 years 6 months; after the discount, the indicative sentence is imprisonment for 4 years 10 months.

108. In relation to the third offence, except for the discount of 25 per cent, the indicative sentence would have been imprisonment for 6 months; after the discount, the indicative sentence is imprisonment for 4 months.

109. In relation to the fourth offence (and taking into account sequences 002 and 010 on the relevant Form 1), except for the discount of 25 per cent, the indicative sentence would have been imprisonment for 7 years; after the discount, the indicative sentence is imprisonment for 5 years 3 months.

110. In relation to the fifth offence, except for the discount of 25 per cent, the indicative sentence would have been imprisonment for 4 years; after the discount, the indicative sentence is imprisonment for 3 years.

111. In relation to the sixth offence (and taking into account sequence 6 on the relevant Form 1), except for the discount of 25 per cent, the indicative sentence would have been imprisonment for 2 years 6 months; after the discount, the indicative sentence is imprisonment for 1 year 10 months.

112. In relation to the seventh offence, except for the discount of 25 per cent, the indicative sentence would have been imprisonment for 12 months; after the discount, the indicative sentence is imprisonment for 9 months.

113. In relation to the eighth offence, except for the discount of 25 per cent, the indicative sentence would have been imprisonment for 2 years 6 months; after the discount, the indicative sentence is imprisonment for 1 year 10 months.

114. In relation to the ninth offence, except for the discount of 25 per cent, the indicative sentence would have been imprisonment for 12 months; after the discount, the indicative sentence is imprisonment for 9 months.

115. In relation to the tenth offence, except for the discount of 25 per cent, the indicative sentence would have been imprisonment for 6 months; after the discount, the indicative sentence is imprisonment for 4 months.

116. In relation to the eleventh offence (and taking into account sequence 012 on the relevant Form 1), except for the discount of 25 per cent, the indicative sentence would have been imprisonment for 10 months; after the discount, the indicative sentence is imprisonment for 7 months.

117. I have taken totality into account.

118. In the result, for the eleven offences to which I have earlier referred, you are sentenced to an aggregate term of imprisonment of 8 years 6 months.

119. I fix a non-parole period of 5 years to date from 26 October 2022 and which will expire on 25 October 2027.

120. I fix a balance of 3 years 6 months to date from 26 October 2027 and which will expire on 25 April 2031.

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Decision last updated: 22 July 2024