R v Wilson
[2014] VCC 181
•21 February 2014
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-13-01893
| THE QUEEN |
| v |
| GRAEME WILSON |
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JUDGE: | HIS HONOUR JUDGE O'NEILL | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 18 February 2014 | |
DATE OF SENTENCE: | 21 February 2014 | |
CASE MAY BE CITED AS: | R v Wilson | |
MEDIUM NEUTRAL CITATION: | [2014] VCC 181 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sentence – child pornography – use of carriage service to groom persons under 16 years – use of carriage service to transmit child pornography – use of carriage service to cause offence
Legislation Cited: Criminal Code (Cth), s474.17(1), s474.19(1) and s474.27(1)
Cases Cited:R v Gajjar (2008) 192 A Crim R 76; State of Western Australia v Collier (2007) 178 A Crim R 310
Sentence: Aggregate term of imprisonment of 3 months in respect of all charges. Community-Correction Order for 2 years, subject to satisfactory pre-sentence report.
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APPEARANCES: | Counsel | Solicitors |
| For the Commonwealth | Ms J Hortle | Commonwealth Director of Public Prosecutions |
| For the Accused | Ms D Lamovie | Victorian Legal Aid |
HIS HONOUR:
1 Graeme Wilson, you have pleaded guilty to two charges of using a carriage service to groom persons under 16 years. The maximum penalty for each being 12 years’ imprisonment; one charge of using a carriage service to transmit child pornography, the maximum penalty for which is 15 years’ imprisonment, and two charges of using a carriage service to menace, harass or cause offence, the maximum penalty for which is three years’ imprisonment.
2 All charges are brought pursuant to s.474 of the Criminal Code (Commonwealth).
Circumstances of offending
3 The facts are set forth in the Prosecution Opening,[1] which I adopt.
[1]Exhibit A
4 The offences were committed on various occasions over the period from November 2011 to October 2012.
5 Charges 1 and 2 concern internet “chat” sessions conducted with persons who told you they were respectively 14 and 12 years of age. Each was of relatively short duration, and contained “conversations”, including sexual suggestions by you of an explicit nature. In respect of Charge 2, you additionally masturbated in a webcam transmission and viewed a picture of the person you thought you were communicating with. You offered to go to Perth to meet that person at a hotel and proposed explicit sexual activity.
6 In each case, the person that you were communicating with was a covert police officer.
7 Charges 3 to 5 concern “chat” sessions with real persons, each of which contain explicit offensive sexual discussions. In respect of Charge 3, you requested a photograph of the daughter of the person with whom you were communicating. Again, each session was of relatively short duration.
8 You were interviewed by police officers on 21 February 2013, and were generally co-operative in the course of the interview. You admitted using chatrooms, but initially denied internet conversations of a sexual nature with persons younger than 18. However, you subsequently accepted the allegation when you were told there was a record of what had occurred. You said that because of the language used, you thought the persons were older than they had advised. You told the police that you had no intention to meet any of the persons; you had no attraction to anyone under 50, and admitted to grooming children “unintentionally”. You said that you had been stupid and did not know that what you were doing was wrong.
9 You pleaded guilty at a committal on 4 October 2013. The prosecution accepts your plea of guilty was made at the earliest reasonable time.
Factors personal to you
10 Details of your personal history and the circumstances surrounding the offending are set forth in an extensive plea made on your behalf, and the report of Dr Simon Kennedy, clinical psychologist, of 21 December 2013.[2]
[2]Exhibit 2
11 You were born on 11 September 1941 and are now 72 years of age. Your early life was fractured and, in particular, you suffered violence at the hand of your mother. Your father drank heavily. You were one of four children. Your parents separated in the 1970s. You were close to your grandmother, who paid for your education in Hamilton up to Year 11. You had a number of jobs and commenced driving taxis in 1968. You have driven for Silver Top Taxis from that date to the present and, in 2010, cut back the hours to part-time driving on the weekends. You have been married three times and have five children. Some of these children you have not seen for many years, and the others you see only occasionally.
12 You have not been in a relationship for a considerable period, and have now become isolated, both socially and emotionally, have few friends, and no significant interests outside work.
13 In the past you have been a heavy drinker, in particular around the times of your relationship breakdowns, but you have now moderated your drinking. You have some form of lung disorder, but are otherwise physically and emotionally well.
14 According to the report of Dr Kennedy, you have limited insight into the nature and seriousness of your offending, although acknowledge your behaviour as stupid. Dr Kennedy conducted an assessment of the risk of you re-offending,[3] and assessed that risk based upon your lack of insight, lack of treatment, prior sexual offending and alcohol abuse, as moderate. He noted that you were involved in sexually abusing your sister when you were a youth, possibly at 13 years of age. He said you had gravitated towards child-related sexual activity. He said that you would benefit from a sexual offender program which would reduce the risk of reoffending.
[3]Risk of sexual violence protocol
Prior offending
15 You were convicted of a number of dishonesty offences, all before 1970. You served a period of three months in gaol on one occasion. I do not regard this prior offending as significant as a sentencing consideration. On 14 August 1958, when you were 16 years of age, you were convicted of carnal knowledge of a girl under 10 years (your sister) and sentenced to 52 weeks’ probation. According to the report of Dr Kennedy, you were 13 at the time of offending. While of some significance in determining the risk of re-offending, I do not regard this conviction as a significant sentencing factor. The offending occurred more than forty years ago, and you were very young at the time.
Sentencing considerations
16 The purposes for which a court may impose a sentence are:
· punishment – to an extent and in a manner which is just in all the circumstances;
· deterrence, both specific and general;
· rehabilitation;
· denunciation and/or protection of the community.
17 In sentencing you I must have regard to a range of matters such as the seriousness of the offending and your personal circumstances. I am required to balance the interests of the community in denouncing criminal conduct with the interests of the community in seeking to ensure that, as far as possible, offenders are rehabilitated and reintegrated into society.
18 In offending of this nature, the most important sentencing consideration is general deterrence. Specific deterrence has a role to play, although I am satisfied, from the report of Dr Kennedy, that with proper treatment in a sexual offenders program, that the current moderate risk of re-offending will be reduced. In my view, it is important that you undertake such a program. Notwithstanding your age, rehabilitation still warrants consideration.
19 You have pleaded guilty at the earliest reasonable time, and are entitled to have that matter taken into account in your favour. To some extent your plea evidences remorse. You have avoided the cost of a trial and spared witnesses the inconvenience and ordeal of giving evidence. Generally, I accept that you were co-operative with the police in their inquiries, although you only made full admissions, in particular, as to the ages of the putative persons involved, and the full extent of your conduct when told by police they had evidence of what had occurred.
20 Charges 1 and 2 represent serious offending. Although the persons involved in the “chatroom conversations” were in fact police officers, I am satisfied, notwithstanding your claim to the police that the language used by those persons indicated to you that they were older than the stated years, that you nonetheless believed they were under 18 at the time.
21 The circumstances relating to Charge 2 are particularly serious. Aside from the offensive language involved, the person who you believed you were speaking to was 12 years of age, you viewed a school picture of her, you exposed yourself and masturbated in front of a webcam, and suggested an arrangement to meet in Perth. As was said in R v Gajjar:[4]
“They [that is the cases referred to] showed that the legislature viewed conduct of this kind as deplorable. The legislation creating this offence has been introduced as a measure against ‘an increase in trend’ of paedophiles using the internet as a means of accessing children, and thereby grooming them for subsequent sexual offending. An offender’s conduct was to be regarded as no less morally reprehensible merely because the person to whom the communication was made was, unbeknown to him, an undercover police officer.”[5]
[4](2008) 192 A Crim R 76
[5]Gajjar at paragraph [56]
22 The Court, in that case, made reference to State of Western Australia v Collier,[6] where the following was said:
“It is important to say, as clearly as one can, that adult persons who make use of the internet to locate, and make contact with children so as to procure them to engage in sexual activity can ordinarily expect to receive a term of immediate imprisonment. As with offences concerning possession of child pornography … there is a paramount public interest in protecting children from sexual abuse.”
[6](2007) 178 A Crim R 310
23 Other cases have referred to the great damage that can be caused to children by this type of offending and the difficulty in detecting such activities conducted over the internet.
24 I bear in mind the submissions of your counsel, including that each of the internet sessions was of relatively short duration, and that the offending was conducted over a period of ten months. I accept there was no financial benefit involved, and the offending did not involve the transmission of pornographic images. I accept the language used in respect of all charges was crude and offensive, but not threatening. I accept that in respect of Charges 1, 3, 4 and 5, there was no attempt to make physical contact with the persons involved. In respect of Charge 2, while you indicated a preparedness to travel to Perth to meet the person, given your age and the distance involved, realistically, the prospect of contact was remote.
25 I bear in mind that as a consequence of your convictions, it is likely you will lose your licence to drive taxis. Further, any prolonged period of imprisonment encompasses a risk that you will be unable to pay the mortgage on your house with the consequence that the property will have to be sold. However, in my view, neither are significant factors, in the sense they involve punishment in addition to any term of imprisonment.
26 Of importance, in my view, is that you undertake a comprehensive sex offenders program. Such a program will moderate the risks of re-offending and assist in your rehabilitation. That is particularly so given the opinion of Dr Kennedy that you have limited insight into the seriousness of what you have done.
Sentence to be imposed
27 Taking into account all of the matters to which I have referred, it is my intention to impose an aggregate term of imprisonment of ninety (90) days in respect of all charges. It is further my intention, subject to receiving a satisfactory pre-sentence report, to impose a Community-Correction Order for a period of two years. Again, subject to such a report, there will be terms of the order, aside from the general terms, that you undertake assessment and treatment for alcohol dependency, mental health assessment and, in particular, a program to address sexual offending. The period of the Community-Correction Order will commence after the expiration of the ninety day gaol term.
28 In the event that a pre-sentence report recommends against a Community-Correction Order, I will give further consideration to the imposition of an appropriate sentence.
29 I will make further formal and ancillary orders, including in relation to the Sexual Offenders Registration Act 2004, after the receipt of the appropriate report. Yes you can have a seat Mr Wilson.
30 MS TICKY: Your Honour could I clarify something in relation to that sentence please.
31 HIS HONOUR: Yes.
32 MS TICKY: Your Honour has imposed an aggregate period of imprisonment of 90 days in respect of all the offences.
33 HIS HONOUR: Yes.
34 MS TICKY: Your Honour certainly mentioned a community corrections order of two years. In order - and I understand that as far as - perhaps Your Honour's intention is to release the accused on a recognisance in order to perform a sex offenders program. The difficulty I have with the manner in which Your Honour worded the sentence is that it appears as if Your Honour's imposed an aggregate sentence with a community corrections order.
35 HIS HONOUR: Yes.
36 MS TICKY: In respect of all of the sentences and my submission Your Honour would be that that's not an appropriate sentencing disposition. If Your Honour's intention is for the accused to undergo a community corrections program, ie the sex offenders program, then a release on recognisance would be the appropriate way to achieve that, in relation to those sentences. My concern here - - -
37 HIS HONOUR: Well my intention is to impose 90 days imprisonment.
38 MS TICKY: Yes.
39 HIS HONOUR: For a start.
40 MS TICKY: Yes.
41 HIS HONOUR: And then a community corrections order, subject to assessment.
42 MS TICKY: With respect Your Honour - - -
43 HIS HONOUR: Which can be done today.
44 MS TICKY: A community corrections order would need to be imposed on a separate count, rather than a term of imprisonment in respect of each counts, which are then aggregated.
45 HIS HONOUR: So the community corrections order has to be on a specific charge does it?
46 MS TICKY: Yes.
47 HIS HONOUR: I see.
48 MS TICKY: And that's my concern about the manner in which Your Honour has currently worded that. With respect, I think the same outcomes can be achieved by an aggregate sentence of 90 days, and then a release on some kind of recognisance. Now what that would require however Your Honour would need to impose - effectively a total effective sentence release after 90 days and to be of good behaviour and a condition of that recognisance that the accused undergo a sex offenders program.
49 HIS HONOUR: No that's not my intention.
50 MS TICKY: That's not your intention?
51 HIS HONOUR: No, my intention - under the Sentencing Act, I can impose a community corrections order.
52 MS TICKY: Yes.
53 HIS HONOUR: With up to three months imprisonment.
54 MS TICKY: Yes.
55 HIS HONOUR: My intention is to impose - I've used 90 days - - -
56 MS TICKY: Yes.
57 HIS HONOUR: Simply because it makes the calculation of the commencement of the community corrections order more able to be managed.
58 MS TICKY: Yes Your Honour.
59 HIS HONOUR: To be managed - and then immediately upon his release, that's the end of his gaol term, the Community Corrections Order commences.
60 MS TICKY: Yes, okay.
61 HIS HONOUR: No recognisance.
62 MS TICKY: And perhaps that's my - - -
63 HIS HONOUR: Community correction order commences then for two years and the sex offenders program - - -
64 MS TICKY: Is a condition of that.
65 HIS HONOUR: Will be a part of the community corrections order and it will be a condition of that.
66 MS TICKY: Your Honour could - - -
67 HIS HONOUR: That's my intention.
68 MS TICKY: Yes, and thank you for clarifying that, it's perhaps my misunderstanding.
69 HIS HONOUR: Well I'm happy to be told that it needs to be fine-tuned or - - -
70 MS TICKY: Yes, the only way - - -
71 HIS HONOUR: Done in some other way.
72 MS TICKY: The only submission I would have is Your Honour that it would - the community corrections order would need to be imposed in relation to a specific count.
73 HIS HONOUR: A specific charge does it?
74 MS TICKY: Yes.
75 HIS HONOUR: "The court may make a community corrections" - I'm reading from s.37.
76 MS TICKY: Yes, yes Your Honour.
77 HIS HONOUR: "The court may make a community corrections order in respect of an offender if the offender has been convicted of an offence punishable by more than five penalty units, and the court has received a report".
78 MS TICKY: Yes.
79 HIS HONOUR: Can't I make the community corrections order on all the charges? I'll tell you what I'll do.
80 MS TICKY: Yes.
81 HIS HONOUR: I've made some preliminary arrangements for Mr Wilson to be assessed I think at eleven o'clock?
82 MS TICKY: Yes Your Honour.
83 HIS HONOUR: Eleven o'clock, 11.45 while in custody here in the cells here.
84 MS TICKY: Yes, yes.
85 HIS HONOUR: My associate's initial enquiries with the community corrections officers indicate that they'll make that assessment and then hopefully have a report this afternoon.
86 MS TICKY: Yes.
87 HIS HONOUR: And I had thought to have you and Mr Sturges on call or - - -
88 MS TICKY: Yes, I have no difficulty with that Your Honour.
89 HIS HONOUR: Someone from your office, to come back at this stage this afternoon when convenient and let's have a look at the report then, and perhaps address final orders. I've got to make an order under the Sex Offenders Registration Act which I understand is now for life.
90 MS TICKY: Yes, yes that's correct Your Honour.
91 MR STURGES: That's correct Your Honour.
92 HIS HONOUR: You have no issue with that Mr Sturges?
93 MR STURGES: No Your Honour.
94 HIS HONOUR: So perhaps you can give some consideration - - -
95 MS TICKY: Yes I shall.
96 HIS HONOUR: To the mechanics of this Ms Ticky and - - -
97 MS TICKY: Yes, sorry Your Honour. I perhaps may have understood Your Honour's initial intention when I had made those submissions.
98 HIS HONOUR: Well that's all right, I'm always happy to be told...
99 HIS HONOUR: I'm told that I need to do things in a different way, but perhaps give it some thought and if you and those in your office think that it needs to be a different way, I'm more than happy to hear about it.
100 MS TICKY: Yes Your Honour.
101 HIS HONOUR: But that - my intention is to impose 90 days imprisonment from today.
102 MS TICKY: Yes.
103 HIS HONOUR: With a community corrections order starting straight afterwards.
104 MS TICKY: As Your Honour pleases.
105 HIS HONOUR: Yes. Any issue with any of that Mr Sturges?
106 MR STURGES: No Your Honour. My understanding was that Your Honour was able to impose that sentence that a community corrections order can run alongside the term of imprisonment and the corrections order wouldn't necessarily need to be tied to a certain charge. However, we'll take it - - -
107 HIS HONOUR: Well it may or may not, I'm - - -
108 MR STURGES: We'll take this opportunity to look over it.
109 HIS HONOUR: Have a look at it and tell me what you think.
110 MR STURGES: Thank you Your Honour.
111 HIS HONOUR: Very well, I'll stand down now until - Mr Wilson will be taken into custody. If you could give him a few minutes with his lawyers before he goes to explain to him the procedure from here and then return to court sometime this afternoon.
112 MR STURGES: Your Honour pleases.
113 MS TICKY: Your Honour pleases.
114 HIS HONOUR: Yes, thank you temporarily adjourn. Wait a minute. Yes to give you some assistance, I'll say not before 2.15. If you leave your telephone numbers with my associate, he'll contact you and make some arrangements for a convenient time this afternoon.
115 MR STURGES: Thank you Your Honour.
116 HIS HONOUR: Temporarily adjourned.
117 (Adjourned.)
118 MS HORTLE: Good afternoon I just wanted to make you aware of the change of personnel for the prosecution.
119 HIS HONOUR: Yes Ms Hortle, thank you. I welcome your re-attendance. It seemed to me that we've got a number of matters to deal with. Firstly do counsel have available the community corrections pre-sentence report?
120 MR STURGES: Yes Your Honour.
121 HIS HONOUR: And that approves the community corrections order on the terms I indicated?
122 MR STURGES: Yes Your Honour.
123 HIS HONOUR: Well let's firstly deal with this matter of how and in respect of what charges I can impose, the sentence I propose. I've read the email from Ms Ticky. I've made some enquiries of Judges here and I haven't got a clear answer I might say. My view is that I can impose a three month sentence, followed by a community corrections order as an aggregate sentence in respect of all charges, but as with all - the relationship between state and federal laws, it's always a tricky business. So what do you suggest I do Ms Hortle, tell me what you think I should do?
124 MS HORTLE: Your Honour.
125 HIS HONOUR: It seems to me - looking at s.20(A)(B) of the Commonwealth Act, Perhaps I'll go back a step. The way I've analysed this is a State Act appears clearly to contemplate being able to impose up to three months gaol sentence with a community corrections order on a number of State charges. That seems to me to be the starting point. Then the Commonwealth Act says in s.20(A)(B) "Where under the law of participating state, a court is empowered in particular cases to pass a - in this case a community corrections order, such a sentence may in corresponding cases be passed or made by that court in respect of a federal offence", paraphrasing that section. It seems to indicate that you can adopt the State Sentencing Act, but I don't want to ceremony here if there's a simpler and better way to do it. I'm happy to be told so.
126 MS HORTLE: Your Honour I would submit that the safest course is to proceed by imposing the period of imprisonment for - in aggregate on say Charges 1 to 4 and a community corrections order on another offence, say Charge 5 which would achieve what s.44 of the Victorian Sentencing Act provides. Your Honour - and it's conceded that the interpretation of the provisions remains under consideration and it may be open to Your Honour to follow s.44 of the Victorian Sentencing Act, however it's not settled.
127 HIS HONOUR: Well I've spoken to two Judges, both of whom thought - experienced criminal Judges, both of whom thought I could do that, but no one has done it.
128 MS HORTLE: Yes Your Honour.
129 HIS HONOUR: Well none of the Judges I've spoken to have done it.
130 MR HORTLE: And in the interests of not delaying the sentence of the offender and taking into account the view most favourable to the offender is open to adopt an interpretation that allows the imposition of the community corrections order on the state charge and a term of imprisonment on the federal - sorry - - -
131 HIS HONOUR: They're all federal charges aren't they?
132 MS HORTLE: Yes, on the fifth charge and a term of imprisonment on the first four.
133 HIS HONOUR: Yes I'm aggregating a term of imprisonment in respect of four charges aren't I?
134 MS HORTLE: Yes Your Honour and that's - - -
135 HIS HONOUR: What principle of Commonwealth sentencing do you say I may be at risk of breaching if I impose an aggregate sentence, in respect of all charges? That's not what s.20(A)(B) of the Commonwealth Act seems to say.
136 MS HORTLE: Your Honour the principle of federal sentencing that Your Honour may be at risk of violating is that for a court to be able to impose two sentences for the one federal offence, the Commonwealth legislation must be clear in permitting that.
137 HIS HONOUR: Aren't I doing that if I impose a term of imprisonment in respect of the first four charges?
138 MS HORTLE: Your Honour it's submitted that this is a technical issue and it's a matter of - it's an issue that's a matter of form over substance.
139 HIS HONOUR: I'm not sure I quite understand that. Well let me ask Mr Sturges- yes what do you say about this?
140
MR STURGES: Well Your Honour, having received the email from Ms Ticky
- - -
141 HIS HONOUR: Yes.
142 MR STURGES: Who appeared this morning, during Your Honour's sentence - - -
143 HIS HONOUR: I want to err on the side of being careful I must say.
144 MR STURGES: Certainly Your Honour, but it appears that even from the contents of that email that the sentence Your Honour is minded to impose does not fall outside of the realms of what the Act allows, that Your Honour's sentence - the three months imprisonment and the community corrections order as the aggregate sentence for the five offences doesn't necessarily fall far of the Commonwealth Act. However Your Honour, as the learned prosecutor's indicated, there are other ways around this if Your Honour is concerned that this area that is currently in a state of flux it seems - - -
145 HIS HONOUR: Well I'm not sure anyone's done it before. I mean the community corrections order for a prison sentence of three months hasn't been in long and - - -
146 MR STURGES: I've seen Your Honour - - -
147 HIS HONOUR: No one I've spoken to has done it so we might be treading new ground.
148
MR STURGES: And Your Honour, as you well know many state offences are dealt with in this fashion, in the Magistrate's Court and in this court quite regularly. However for an community corrections order offence, it does appear to be new ground. However if I can just state, Your Honour mentioned this earlier that if Your Honour was minded to impose a term of imprisonment for example Charge 1, 3, 4 and a community corrections order for Charge 5
- - -
149 HIS HONOUR: It doesn't do any harm does it?
150 MR STURGES: Well I would only ask Your Honour to consider whether or not the term of imprisonment necessarily - Your Honour's intention, the sentence is that certain charges do carry the term of imprisonment and the corrections order be more appropriate for others, whether or not the criminality of the offending, in relation to each of the charges is in and of itself more deserving of a term of imprisonment, as opposed to a community corrections order.
151 HIS HONOUR: Yes. Ms Hortle, I'm minded to go down your track just to try and be safe. Clearly Charges 1 and 2 are the most serious and that's not to say 3 to 5 aren't, but they're less serious. What about if I impose the term of imprisonment in respect of Charges 1 and 2 and the community corrections order in respect Charges 3, 4 and 5. Do you see any issue with that?
152 MS HORTLE: I think that would be acceptable Your Honour.
153 HIS HONOUR: Well as Mr Sturges says, that would seem to reflect more the - a more balanced outcome.
154 MS HORTLE: Yes Your Honour.
155 HIS HONOUR: 3, 4, and 5 are - you can really clump them together in a group and they're less serious. So I think on review, that probably the more serious aspect of the sentence, that is the gaol, it would seem to be more appropriately addressed by the first two charges.
156 MS HORTLE: That's a very sensible course of proposed action.
157 HIS HONOUR: All right, what about we do that?
158 MS HORTLE: Yes Your Honour.
159 HIS HONOUR: All right, well the term of imprisonment 90 days I will impose in respect of Charges 1 and 2 and the community corrections order which is to be imposed for a period of two years, will be imposed in respect of Charges 3 to 5 inclusive. Ms Hortle if you speak with those at the Office of Public Prosecutions and someone takes a desperately adverse view to that, perhaps you could contact my associate and we'll come back next week and review that matter.
160 MS HORTLE: Yes Your Honour.
161 HIS HONOUR: Very well, then I will impose the sentence in those terms. The next matter is the Sexual Offenders Registration Act and it seems pursuant to s.50(5) that I need to make clear to Mr Wilson that the reporting period as is demanded under that Act is for life and is in respect of Charges 1, 2, and 3 because they're the Category 2 charges is that right Ms Hortle?
162 MS HORTLE: That's correct Your Honour.
163 HIS HONOUR: Thank you. The terms of the community corrections order as I say will be for two years. There will be specific provision for treatment for alcohol dependency for mental health assessment and treatment, and most specifically the attendance of a sex offenders program as directed and finally, s.6AAA, I state that but for the plea of guilty, I would have imposed a term of imprisonment of eight months, with a non-parole period of four months. Anything further? I've been told I might have to have a minimum term of imprisonment of six months, under 6AAA?
164 MR STURGES: Yes Your Honour, that's correct.
165 HIS HONOUR: Eight months, with the six then for the purposes of the s.6AAA. I am told it's going to take a short time to prepare the appropriate community corrections order which is to be read and signed and also the appropriate notice under the Sexual Offenders Registration Act. If you'd both kindly wait a fairly short time, my associate will prepare that, then I will resume shortly. Any other matters?
166 MR STURGES: No Your Honour.
167 MS HORTLE: No Your Honour.
168 HIS HONOUR: I should also indicate that the community corrections order will be subject to supervision under s.48(E). Very well, I'll return shortly, temporarily adjourned.
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