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County Court of Victoria |
Last Updated: 14 September 2017
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Revised
Not Restricted Suitable for Publication |
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JUDGE:
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WHERE HELD:
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DATE OF HEARING:
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CASE MAY BE CITED AS:
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Subject: CRIMINAL LAW - SENTENCE
Catchwords: Theft – burglary – carrying a firearm – armed robbery – aggravated carjacking – possessing a drug of dependence – causing injury recklessly – obtaining property by deception – criminal damage – threat to inflict serious injury – totality of criminality – youthful offender
Legislation Cited: Crimes Act 1958 (Vic) - Sentencing Act 1991 (Vic)
Sentence: 10 years and 3 months imprisonment with a non-parole period of 6 years
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APPEARANCES:
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Counsel
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Solicitors
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For the DPP
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Ms K. Hamill
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Solicitor for the Office of Public Prosecutions
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For the Accused
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Mr J. McLoughlin
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Victorian Legal Aid
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1 Jeremy Arvidson, you have pleaded guilty to a number of offences:
• One count of aggravated carjacking;
• One count of armed robbery;
• 12 counts of theft, six of which were theft of a motor vehicle);
• Two counts of carrying a firearm whilst a prohibited person;
• Two counts of burglary;
• One count of threatening to inflict serious injury;
• One count of criminal damage;
• One count of obtaining property by deception;
• One count of causing injury recklessly; and
• One count of possessing a drug of dependence.
2 Further, you have pleaded guilty to breaching the conditions of
a community corrections order imposed on you by me in April 2015.
3 In addition, you have pleaded guilty to a number of summary offences, to which you have consented to this court hearing. They consist of:
• One count of common assault;
• One count of going equipped for stealing;
• One count of driving a motor vehicle while disqualified;
• And one count of driving a motor vehicle carelessly.
4 Putting aside the breach of community corrections order, there were 27 new offences committed by you at various locations in suburbs of Melbourne and country Victoria, over a period of about 11 days, between 18 and 28 February 2017.
Summary of offending
5 The circumstances of your offending can be summarised as follows:
6 On 18 February 2017, while staying at the home of a friend, you stole his Ford Fairmont Ghia motor vehicle. That conduct constitutes Charge 1, theft of the Fairmont.
7 The following morning, you drove to an automotive warehouse business in Ferntree Gully, where you forced entry into three vehicles parked outside the warehouse. Among the vehicles were
a Hyundai Excel and a Ford Falcon XR8, which was missing
a battery. You proceeded to remove the battery from the Excel and installed it into the Falcon. That conduct constituted Charge 2, theft of the battery.
8 A short time later, the owner of the business, a Mr Ross, arrived, alighted from his car and approached you on foot. At that time you were holding a hammer which you were using to hit the ignition of the Fairmont. Mr Ross asked you what was going on. You raised the hammer and walked towards him. Ross ran back to his car. You followed and threatened him with the hammer and demanded that he give you the keys to his car.
9 You ran to the Fairmont and retrieved a sawn-off bolt action single barrel shotgun from it. You walked toward Ross and actioned the bolt. He turned to run and you followed, catching him at the next driveway. You rested the gun on Ross’ shoulder and again demanded his car keys. Ross turned and ran to a nearby service station.
10 You returned to the warehouse and stole items from the vehicle that Ross had driven to the warehouse that day, namely, an Apple iPhone, two sets of car keys, keys to the warehouse and an engine scan tool. This conduct constituted Charge 3, armed robbery.
11 The carrying of the shotgun constituted Charge 4, carrying a firearm whilst a prohibited person. You were a prohibited person at that time, because you were subject to supervision under a community corrections order.
12 Overnight between 22 and 23 February, you gained entry to
a car yard at Moorabbin by cutting a hole in the perimeter fence. You removed sheeting from a side wall and gained entrance into an office building situated in the yard. Once inside the office, you stole several items, namely, a laptop and scanner, VicRoads transfer books, business documents, cheques and a large quantity of car keys. This conduct constituted Charge 5, being burglary; and Charge 6, theft.
13 Using one of the stolen sets of car keys, you unlocked
a Mitsubishi Lancer parked in the yard. You exited the premises in the Lancer by ramming it through the locked gate exit. This conduct constituted Charge 7, theft of the Lancer.
14 On the morning of 23 February, you drove the Lancer through
a McDonald’s restaurant car park at Dandenong. Standing in the car park were four young men, unknown to you. As you drove slowly past this group, you produced a firearm and put it out the window. This conduct constituted Charge 8, carrying a firearm whilst a prohibited person.
15 You then drove back towards the group, pulling into the parking spot beside them, so your driver’s window was close to them. You said to one of the men words to the effect of, “Have you got a staring problem? I’ve got something for you to stare at”. You pointed the gun at the group and cocked it. The victims thought they were going to be shot. This conduct constitutes Charge 9, threat to inflict serious injury; and Summary Charge 8, unlawful assault with
a weapon.
16 I note that, in your record of interview, you told police that the gun was not loaded at the time of the offending. Be that as it may, the victims would not have known this.
17 On the afternoon of 23 February, you drove the stolen Lancer to the United Service Station at Lynbrook, where you filled the vehicle with $50 worth of petrol, before driving away without making any attempt to pay. That conduct constitutes Charge 10, theft of fuel.
18 Later that evening, you drove the Lancer to the United Service Station in Baxter. On this occasion, a co-offender was driving, whilst you sat in the passenger seat. You and the co-offender filled the vehicle with $74.28 worth of petrol, before the co-offender drove away without paying. This conduct constitutes Charge 11, theft of fuel.
19 Overnight between 23 and 24 February, you broke into an industrial estate at Seymour by removing a padlock and damaging one of the gates. After you gained entry, you and your co-offender stole a Ford XR8 utility and a Ford XR8 sedan belonging to the owners of the estate. The theft of the two vehicles constitutes Charges 12 and 13 respectively.
20 Overnight between 25 and 26 February, you drove the stolen Ford sedan to Woolards Auto Works in Shepparton, where you and your co-accused gained entry by cutting through two fences. This conduct constitutes Charge 14, criminal damage. Whilst on the premises, you stole two sets of car keys, constituting Charge 15, that of theft
21 Whilst at Woolards, you also stole a Toyota Hilux, which your
co-offender drove out through padlocked front gates. You followed him in the Ford sedan. This constitutes Charge 16, theft of the Hilux.
22 Later on 26 February, you gained access to a carpet business at Cobram, where you stole a set of car keys and used them to steal
a Holden SS utility from those premises. You or your co-offender cut the padlock on the gate of the premises, which allowed the Holden utility to be driven out through the open gate. This conduct constitutes Charge 17, that of burglary; and Charge 18, theft of the Holden utility.
23 On the morning of 26 February, at Cobram, you and your co-offender used a credit card belonging to another to withdraw $1,000 cash from an ATM in Cobram, constituting Charge 19, obtaining property by deception.
24 On 28 February, you attended at a petrol station at Hallam in the stolen Ford utility. The lone attendant at the store, a Mr Touseef, motioned for you to come inside and pre-pay for the fuel. You entered the store and in an aggressive tone, asked, “Why pre-pay?” You opened the console door and picked up a hammer, which was sitting just inside the door. You hit Touseef with it, causing a graze, swelling and pain in his right elbow. This conduct constitutes
Charge 20, recklessly causing injury.
25 At the time of this offending, you were not a licensed driver, having been disqualified by the Frankston Magistrates’ Court on 21 May 2015, from obtaining a licence for a period of four years. The fact that you were driving a motor vehicle on this occasion constitutes Summary Charge 19, driving a motor vehicle while disqualified.
26 Shortly after leaving the service station, you were driving the Ford XR8 utility on Bella Crescent, Hallam, when you collided with a parked vehicle, rendering the utility immobile. That constituted Summary Charge 23, careless driving.
27 After the collision you exited your vehicle. You were holding
a baseball bat. You walked a short distance from the crash scene and approached Jack Keogh, who was about to leave his Hallam home with his mother and his brother. Keogh’s Volkswagen Passat was parked in his driveway. You demanded that Keogh give you his car keys. When he refused, you threatened to break his jaw and to smash him and his brother.
28 Keogh’s mother, who had by this stage, joined her sons, told him to just give you the keys. Keogh, feeling threatened, did so. You drove away in the Passat. This conduct constitutes Charge 21 of aggravated carjacking.
29 The Ford utility, which you had abandoned following the collision in Hallam, contained a Milwaukee tool bag, containing various tools. You later admitted to police that you had possession of the tools because, "They come in handy when you’re doing crime." Your possession of these tools and your admissions to police, constitute Summary Charge 18, going equipped to steal.
30 Around an hour later, you stole number plates from a car parked in Dandenong and affixed them to the Passat, constituting Charge 22, theft of the number plates.
31 On 28 February, you were arrested by police outside a house in Point Cook. The stolen Passat was parked outside the house. Police searched the vehicle and found a small zip-lock bag containing methylamphetamine, or ice, constituting Charge 23, possessing a drug of dependence.
32 On 1 March 2017, in a record of interview with police, you made
a number of admissions with respect to your offending.
Breach of Community Corrections Order
33 You have also pleaded guilty to breaching the conditions of
a community corrections order.
34 On 16 April 2015, you pleaded guilty before this court to one charge of armed robbery and one charge of false imprisonment, amongst other charges. For those two offences, I imposed a two year community correction order, which was to commence on 20 April 2016.
35 The armed robbery and the false imprisonment charges, to which you pleaded guilty, had occurred in September 2014, when you pushed a pair of scissors into the neck of a person and demanded that he give his wallet and phone to you. You threatened to kill him. You took his wallet and his mobile phone. You then marched him over to an ATM, still with the scissors held against him, in an attempt to withdraw cash from his credit card. Fortunately the victim was able to get free of you and seek help.
36 At your plea hearing April 2015, I was in possession of a report from Corrections Victoria, in which the author reported that you had been assessed as being at high risk of re-offending and as unsuitable for a community correction order at that time. However, it was my view then that a determined attempt should be made by the court and by you to arrange for supervised and, if necessary, residential treatment for your drug and alcohol problems.
37 I was of the view that that appropriate treatment was unlikely to be provided to you, if you were merely sentenced to prison without organized assistance in relation to these problems on your release. I considered it preferable to sentence you to a total effective sentence of 18 months prison, followed by a two year community correction order. Regrettably, you breached the conditions of that community correction order soon after your release from prison by:
• Failing to perform unpaid community work as required;
• Failing to undergo treatment and rehabilitation as required;
• Failing to attend supervision appointments as directed; and
• Committing the offences for which I am to sentence you today, during the term of the community correction order.
Background
38 By way of background, you are currently aged 24. A report from
Dr Gunvant Pate, a consultant forensic psychiatrist, dated 24 March 2014, was tendered on your behalf at your April 2015 plea hearing. Dr Patel’s report contains many details of your upbringing.
39 You were born in Box Hill, but lived in various locations in Melbourne, Queensland and Shepparton. Your father was murdered soon after your birth and you have had no contact with the paternal side of your family. Your mother had problems with drugs and was apparently unable to care for you. You were raised, in large part, by your maternal grandmother until the age of about 12 or 13, when you were placed into residential care.
40 You attended numerous primary schools. You attended secondary school, but only for about six weeks.
41 You advised Dr Patel that from about the age of 14, you were regularly sexually abused by an older boy in a residential placement. You have been diagnosed by Dr Patel with post-traumatic stress disorder, which he considered was likely to have been caused by that abuse.
42 It seems that from about the age of 14, you became a daily user of alcohol. You also used marijuana for a short period from about that time.
43 You first used methylamphetamine, or ice, at the age of 13 and used it regularly from the age of 14 or 15. Between the ages of 16 and 18, you told Dr Patel that you were using ice intravenously on a daily basis, up to a gram a day. From the age of 18 to 20, you changed to daily smoking of ice. You told Dr Patel that the ice took away your bad thoughts.
44 When you were aged 18, you used heroin intravenously for six or seven months, but it appears that you have since ceased using that drug.
45 You advised Dr Patel that you are of Koori background, identifying your father as Koori and your mother as part Koori.
46 You have got four half-brothers and sisters, with whom you have no contact.
47 You lost contact with your mother for a number of years, up until
late-2014, when you reconnected with her. She resides in Adelaide and it would appear that your contact with her is very limited.
48 You have a child now aged seven or eight years old.
Prior Convictions
49 In addition to the offences referred to previously, you have a list of prior convictions, dating back to 2006 in the Children’s Court.
50 I will not go through them individually, it is sufficient, I think, for the purposes of this sentencing to note that your prior convictions include:
• 14 convictions for burglary;
• Three convictions for making a threat to kill;
• Two convictions for recklessly causing injury;
• Two convictions for recklessly engaging in conduct that placed another person in danger of serious injury;
• Numerous conviction for theft and offences relating to dishonesty;
• One conviction of assault with a weapon;
• Four convictions of possessing a controlled weapon;
• Numerous convictions of theft of motor vehicles;
• Numerous convictions for wilfully damaging property;
• 25 convictions for driving whilst disqualified, or whilst unlicensed;
• Numerous convictions for sundry driving offences.
51 You have been in and out of one court or another on many occasions in the past. Your criminal record consists of some 45 pages of convictions from 2007 to 2015.
Later Convictions
52 In addition I note that, in more recent times, on 15 May 2017, at the Dandenong Magistrates’ Court, you were sentenced to:
• One charge of theft of a motor vehicle;
• Two charges of intentionally cause injury;
• One charge of unlawful assault;
• One charge of assault with a weapon;
• Two charges of making a threat to kill;
• One charge of criminal damage;
• One charge of being a prohibited person in possession of
a firearm;
• Two charges of retention of stolen goods;
• One charge of handling stolen goods; and
• One charge of committing an indictable offence whilst on bail.
53 You were sentenced by the Magistrate on that day to imprisonment of 18 months, with a period of 12 months before being eligible for parole. These, of course, are not prior convictions but nevertheless, are relevant to your prospects of rehabilitation.
54 You have, on any view, been given a number of opportunities in the past by the imposition of many sentences which did not include incarceration. Again, without detailing them fully, you have been:
• Placed on probation;
• On another occasion, released on a good behaviour bond;
• You have been released on a youth supervision order with conditions that you participated in counselling and community service programs;
• You were sentenced to a youth supervision order, where you were specifically directed to accept referral to and engage with drug and alcohol counselling as directed;
• You have been sentenced to wholly suspended terms of imprisonment, with conditions that you undergo assessment and treatment for drug abuse and dependency, as directed and for alcohol abuse; and
• You have been sentenced to a few community corrections orders with various conditions.
Sentencing Principles
55 The purposes for which a court may impose a sentence in respect of an offence are set out in s.5 of the Sentencing Act 1991. These purposes include:
56 In your case, I consider each of those purpose are important.
57 In sentencing you, the Act requires me to take into account a number of different matters, including:
58 I have taken into account the victim impact statement made by Colin Ross, the owner of the premises in Ferntree Gully that I referred to. He refers to still being traumatized by his confrontation with you last February.
59 I am conscious of the provisions of s.5(4) of the Act, which provides that a Court must not impose a sentence that involves confinement of an offender unless it considers that the purpose or purposes for which the sentence is to be imposed cannot be achieved by a sentence that does not involve the confinement of the offender.
60 I have had regard to:
• The serious nature of you offending conduct;
• The sheer number of offences committed by you, for which I am to sentence you;
• Your extensive prior convictions;
• The number of previous occasions upon which you have been given sentences of non-incarceration, but involving conditions, which you breached; and
• The fact that the offences were committed by you whilst you were subject to a community corrections order. That is a significant aggravating factor.
61 I have taken into account that, on any view, you have had a difficult and dysfunctional upbringing, with little or no parental supervision, little effective education after primary school. I have little doubt that your dysfunctional upbringing has made a significant contribution to your unfortunate criminal record.
62 Your counsel has submitted and I accept, that you are still a youthful offender. I accept that you may be seen to be immature and therefore more prone to ill-considered and rash decisions. You probably lack insight, judgment and self-control
63 Further, it was submitted that you had prospects for rehabilitation, on the basis of your youthful age. This might be so because of your age, but there is no evidence before me to indicate that it is likely.
64 I take into account that you pleaded guilty to each of these offences at the earliest opportunity. Apart from the utilitarian value of such pleas, I consider it is likely that they demonstrate some degree of remorse on your part.
65 I take into account that each of the offences for which I am to sentence you, were committed in the space of about 11 days. However, it could not be said that your overall breaches of the law were or have been restricted to such a short period of time. Your criminal record indicates that you have been a persistent offender since well before February 2017.
66 Further I accept your counsel’s submission that, in accordance with the principle of totality, I should attempt to structure a sentence which is not a crushing one and which, hopefully, will not extinguish your hopes for the future. Upon your release from prison, you will have many years of your life ahead of you and it is to be hoped that you are able to rehabilitate yourself and lead a constructive life.
67 I have come to the conclusion that for the purposes for which I am to sentence you, they cannot be achieved, other than by a sentence involving your confinement. This is principally due to the number and seriousness of the offences for which I am to sentence you.
68 In his written submissions, your counsel conceded that this was the only appropriate sentence.
69 Further, I consider that in view of your breach of the community corrections order imposed on 20 April 2015, that I should
re-sentence you regarding the offences of armed robbery and false imprisonment committed in Berwick in September 2014.
Sentence
70 On Charge 21, the aggravated car-jacking of Mr Keogh’s Passat,
I note that the maximum sentence for this offence is 25 years' imprisonment. You are convicted and sentenced to imprisonment for four years. This shall be the base sentence.
71 I shall deal with the motor vehicle thefts together
72 On Charges:
• 1, that is the theft of the Fairmont Ghia);
• 7, theft of the Lancer;
• 12, theft of the Ford XR8 utility;
• 13, theft of the Ford XR8 sedan);
• 16, theft of the Toyota Hi Lux utility; and
• 18, theft of the Holden SS utility,
you are convicted on each of those six charges and on an aggregate basis, you are sentenced to 15 months' imprisonment, nine months of which is to be served concurrently with the base sentence.
73 In relation to all charges involving theft of a motor vehicle, which of course includes the aggravated carjacking, the court must, upon your conviction, cancel and disqualify you from obtaining a licence for a specified period.
74 In respect of Charges 1, 7, 12, 13, 16, 18 and 21, I order that any licence to drive a motor vehicle currently held by you is cancelled and you are disqualified from holding such a licence for a period of 12 months, commencing on the date of your release from prison.
75 On Charge 2, the theft of the car battery at Ferntree Gully, you are sentenced to imprisonment for one month, which term is to be served concurrently with the base sentence.
76 On Charge 3, armed robbery at Mr Ross’ premises at Ferntree Gully. I note that in committing this offence, you used a sawn-off shotgun, which would have been a terrifying experience for Mr Ross. On that offence, you are convicted and sentenced to imprisonment for three years, 18 months of which is to be served concurrently with the base sentence.
77 On Charge 4, carrying a firearm at Ferntree Gully whilst a prohibited person, you are convicted and sentenced to prison for nine months, which is to be served concurrently with the base sentence. I am conscious that I should not punish you twice for what is effectively the same use of the shotgun as in Charge 3.
78 On Charge 5, burglary at the car yard at Moorabbin, you are convicted and sentenced to imprisonment for six months, three months of which is to be served concurrently with the base sentence.
79 On Charge 6, theft of the items from the car yard at Moorabbin, you are convicted and sentenced to prison for three months, to be served concurrently with the base sentence.
80 On Charge 8, carrying a firearm at Dandenong whilst a prohibited person, you are convicted and sentenced to prison for 12 months, of which six months is to be served concurrently with the base sentence.
81 On Charge 9, threatening to inflict serious injury at Dandenong, you are convicted and sentenced to imprisonment for 15 months, of which nine months is to be served concurrently with the base sentence. Again, I am conscious that this offence involved the same use of the gun at a similar time as referred to in Charge 8 and in Summary Charge 8.
82 On Summary Charge 8, that is the unlawful assault with
a weapon at Dandenong. I consider that this involves effectively the same conduct that makes up Charge 9. You are convicted and sentenced to imprisonment for 15 months, which term is to be served concurrently with the base sentence
83 On Charges 10 and 11, both involving theft of fuel, you are convicted of both of those charges and sentenced on an aggregate basis to prison for three months, to be served concurrently with the base sentence.
84 On Charge 14, cutting open the two fences at Shepparton, you are convicted and sentenced to imprisonment for three months.
85 On Charge 15, theft of the two sets of car keys at Shepparton, you are sentenced to prison for three months. Such term to be served concurrently with the base sentence.
86 On Charge 17, the burglary at Cobram, you are convicted and sentenced to prison for three months.
87 On Charge 19, the use of the credit card to withdraw cash from an ATM at Cobram, you are convicted and sentenced to prison for one month. Such term is to be served concurrently with the base sentence.
88 On Charge 20, recklessly causing injury to Mr Touseef at Hallam,
I regard that offence as a serious one. I have little doubt that
Mr Touseef would have been terrified at your assault upon him with
a hammer when he was alone in the service station. On that charge, you are convicted and sentenced to prison for 12 months, of which six months is to be served concurrently with the base sentence.
89 On Charge 22, the theft of registration plates at Dandenong, you are convicted and sentenced to prison for three months. Such a term to be served concurrently with the base sentence.
90 On Charge 23, the possession of methamphetamine, you are convicted and sentenced to prison for three months, to be served concurrently with the base sentence.
91 On Summary Charge 18, going equipped to steal, you are convicted and sentenced to prison for three months. Such term to be served concurrently with the base sentence.
92 On Summary Charge 19, driving whilst disqualified at Hallam, you are convicted and fined the sum of $500. In addition, any licence you hold to drive a motor vehicle is cancelled and you are disqualified from holding such a licence for a period six months, commencing upon your release from prison.
93 On Summary Charge 23, careless driving at Hallam, you are convicted and fined the sum of $500. In addition, any licence to drive a motor vehicle held by you is cancelled and you are disqualified from holding such a licence for three months, commencing on your release from prison
94 On the charge of breaching the community corrections order, I order that the community corrections order imposed on you on 20 April 2015 be cancelled and you are to be re-sentenced for the offences of armed robbery and false imprisonment, both of which were committed by you at Berwick on 28 September 2014.
95 On those charges, you are convicted and sentenced, on an aggregate basis, to imprisonment for 18 months, of which nine months is to be served concurrently with the base sentence imposed today.
96 It follows that I have imposed a total effective sentence upon you of nine years imprisonment
97 I direct that that sentence is to be served concurrently with the sentence imposed by the Dandenong Magistrates Court on 15 May of this year, 2017.
98 I direct that a new non-parole period be fixed and that you shall not be eligible for parole until you have served six years of the sentence imposed by me today.
99 I consider that that sentence represents, so far as is possible, the totality of criminality, taking into account the totality of your offending.
100 Pursuant to s.6AAA of the Sentencing Act, I declare that had you not pleaded guilty to these offences, I would have sentenced you to
a total effective sentence of 12 years' imprisonment.
101 Now, in relation to pre-sentence detention, I think the information
I received yesterday was that the parties are agreed that it is 76 days.
102 MS McDONNELL: Yes, Your Honour.
103 MR McLOUGHLIN: That is correct, as far as it goes for the current indictment, Your Honour. But I think Your Honour needs to declare essential re-sentencing on the 2014 offences, I think Your Honour needs to declare the time that Mr Arvidson's already served in relation to those matters, as pre-sentence detention, otherwise - - -
104 HIS HONOUR: Do you know what they are?
105 MR McLOUGHLIN: Well it was 18 months, I know, but I don't know precisely
- - -
106 HIS HONOUR: Well, he was not - I am not sure that is correct. He served 18 months, but my understanding is that that was on the balance of the offences for which he faced that day. Is that not correct?
107 MR McLOUGHLIN: That might be correct. I am not certain about that.
108 HIS HONOUR: Just see if I could grab - - -
109 MR McLOUGHLIN: If the community corrections order was solely - it was the only sentence in relation to those counts that Your Honour's re-sentencing on, then Your Honour's correct and that - - -
110 HIS HONOUR: Yes. Well, I think, but I am not confident enough to call it.
111 MR McLOUGHLIN: Yes. It is ringing a bell with me, Your Honour,
I have to say.
112 HIS HONOUR: It can be brought up very quickly.
113 MR McLOUGHLIN: Yes, I've got the sentence here, Your Honour.
114 HIS HONOUR: Yes, well, I just have not got it on me right at the moment.
115 MR McLOUGHLIN: Yes, it's a separate sentence from the sentence of imprisonment. There wasn't any imprisonment - - -
116 HIS HONOUR: That is what I thought.
117 MR McLOUGHLIN: - - - imposed on the armed robbery.
118 HIS HONOUR: Yes. I cannot remember the precise line of reasoning, but it was discussed with counsel at that time, I recall.
119 MR McLOUGHLIN: It was.
120 HIS HONOUR: And that was the way I structured it.
121 MR McLOUGHLIN: Yes, and - - -
122 HIS HONOUR: So it would seem to me that the 76 days, which presumably reflects the period from 28 February through until the Magistrates' Court sentencing in May.
123 MS McDONNELL: That is correct, Your Honour.
124 MR McLOUGHLIN: That is correct, yes.
125 HIS HONOUR: Yes.
126 Well I will declare - - -
127 MR McLOUGHLIN: The only other matter is - - -
128 HIS HONOUR: Yes, sorry.
129 MR McLOUGHLIN: - - - the commencement date of the
non-parole period is today?
130 HIS HONOUR: It will be.
131 MR McLOUGHLIN: Today?
132 HIS HONOUR: Yes.
133 MR McLOUGHLIN: There is - Your Honour's got the option, but it's - - -
134 HIS HONOUR: No, well it is - I have said that the sentence is to be concurrent with the current Magistrates' Court sentence.
135 MR McLOUGHLIN: Yes.
136 HIS HONOUR: And it is appropriate that it is from today.
137 MR McLOUGHLIN: Certainly. It is just from the point of view of those administering the sentence know for certain.
138 HIS HONOUR: Yes. Not the easiest.
139 I will declare that you have already served 76 days in pre-sentence detention, not including this day, and I direct that such a period be recorded as part of the sentence of imprisonment that I have imposed as already served.
140 I think that is all.
Ancillary orders
141 Now, there is a number of ancillary orders. Are you familiar with each of these orders, Mr McLoughlin?
142 MR McLOUGHLIN: Yes and we've gone through them with Mr Arvidson.
143 HIS HONOUR: Right.
144 MR McLOUGHLIN: And they're consented to.
145 HIS HONOUR: Good. Well, just bear with me while I sign those documents.
146 MS McDONNELL: Your Honour, I note there was one change to the disposal order.
147 HIS HONOUR: I will just initial - - -
148 MS McDONNELL: We have removed Item 1.
149 HIS HONOUR: Yes.
150 MS McDONNELL: This morning.
151 HIS HONOUR: Yes.
152 MS McDONNELL: And there's only one compensation order.
153 HIS HONOUR: Right. The compensation order relates to one of the vehicles, does it?
154 MR McLOUGHLIN: Yes, the one that was written off.
155 HIS HONOUR: In Hallam?
156 MR McLOUGHLIN: Yes. I think that's right.
157 HIS HONOUR: With the other compensation orders that were sought, they're opposed?
158 MR McLOUGHLIN: Yes.
159 HIS HONOUR: I do not make them and you can bring a - - -
160 MR McLOUGHLIN: Yes.
161 MS McDONNELL: Yes, Your Honour, we withdrew them.
162 HIS HONOUR: - - - claim under 98A or something of the Sentencing Act. Is that right? All right, I have made that compensation order in the sum of $7,296.39 and I have made the disposal order, as altered.
163 Is there anything else that is - - -
164 COUNSEL: No, Your Honour.
165 HIS HONOUR: Yes, thank you. Mr Arvidson can be taken. I wish you all the best, Mr Arvidson. It is a long haul, isn't it? Thank you.
- - -
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