IN THE COUNTY COURT OF VICTORIA
AT SHEPPARTON
CRIMINAL DIVISION	 Revised
Not Restricted
Suitable for Publication	

CR-23-00297

DIRECTOR OF PUBLIC PROSECUTIONS		
		
v		
		
BRADLEY STOKES		

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JUDGE:	Karapanagiotidis	
WHERE HELD:	Melbourne	
DATE OF HEARING:	14 June 2023	
DATE OF SENTENCE:	29 June 2023	
CASE MAY BE CITED AS:	DPP v Stokes	
MEDIUM NEUTRAL CITATION:	[2023] VCC 1119		

REASONS FOR SENTENCE
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Subject:	CRIMINAL LAW - SENTENCE
Catchwords: 	Theft – Damaging property – Make threat to kill – Aggravated burglary – Intentionally causing injury – Handing stolen goods – Prohibited person possessing an imitation firearm – Worboyes – Bugmy – Reasonable prospects of rehabilitation – Covid-19 pandemic – Plea of guilty. 
Legislation Cited:	ss 5, 6AAA, 18, 89A Sentencing Act 1991 (Vic).
Cases Cited:	Azzopardi v The Queen [2011] VSCA 372; Berichon v The Queen [2013] VSCA 319; Bugmy v R (2013) 302 ALR 192; DPP v Meyers [2014] VSCA 314; Jackson v R [2020] VSCA 95; R v Verdins [2007] VSCA 62; Worboyes v The Queen [2021] VSCA 169.
Sentence:	Three years and eight months’ imprisonment with a non-parole period of two years and three months’ imprisonment. 

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APPEARANCES:
	Counsel	Solicitors	
For the Director of Public Prosecutions	Mr D. Ellwood	Office of Public Prosecutions	
			
For the Accused	Mr S. Kenny		

HER HONOUR:

1	Bradley Stokes, you have pleaded guilty to the following charges:
(a)	One charge of theft;
(b)	Two charges of damaging property;
(c)	One charge of make threat to kill;
(d)	One charge of aggravated burglary;
(e)	One charge of causing injury intentionally;
(f)	Four charges of handling stolen goods; and
(g)	One charge of prohibited person possessing an imitation firearm. 
2	You have also agreed to this Court hearing and you have pleaded guilty to summary offences of:
(a)	One charge of committing an indictable offence whilst on bail;
(b)	One charge of resisting an emergency worker on duty;
(c)	One charge of possession of a prohibited weapon without exemption or approval; and
(d)	Three charges of dealing with property suspected of being the proceeds of crime. 
Circumstances of the offending
3	In the early hours of 26 August 2022 you were travelling in the Langwarrin area in a Ford Territory with an as yet unidentified female.  
4	Asleep inside their home in Langwarrin that night was Mr Daniel Burke, a 37 year old self-employed electrician and his five year old daughter.  Parked in the driveway was Mr Burke’s work vehicle, a 2005 Holden Rodeo fitted with a large after-market aluminium toolbox on the rear tray.
5	Mr Burke’s home was fully fenced and the driveway was accessed through a rolling electric gate.
6	Mr Burke had installed CCTV at the front of his property because of the valuable tools stored both at his home and in his vehicle. Much of what transpired on this night was captured by CCTV. 
7	At 2.38am you and your female passenger drove down Mr Burke’s street past his house. At around 3.00am you returned in the Ford Territory to Mr Burke’s address.  You stopped just past the gate to Mr Burke’s home and got out of the driver's seat.  You were wearing dark clothing and a balaclava.  Initially you showed an interest in a Hyundai van and trailer parked on the nature strip across the road from Mr Burke’s home but for only a short time.
8	You then removed a sledgehammer from the rear of the Ford Territory.  This item had a handle of approximately 40 centimetres length.  At the same time the female passenger left the passenger side of the Ford Territory, walked around to the driver's side and got behind the wheel.
9	You crossed the street and smashed the CCTV camera fixed to the front gate of Mr Burke’s home with several blows of the sledgehammer making the camera and gate inoperable (Charge 2 – Damaging property (rolled up)).
10	You then walked to the front of the property neighbouring Mr Burke’s home and entered the front yard.  From there you gained access to Mr Burke’s front yard by climbing the side fence.
11	You walked over to the position of another CCTV camera affixed to a shed at the front of the property and took several swings at it.  You failed to reach it but you did hit the aluminium door of the shed which woke Mr Burke. 
12	You then turned to the toolbox on the rear of Mr Burke’s Holden Rodeo and tried to open it.
13	At this moment Mr Burke appeared out of his house from the front door.  You took cover behind the Holden Rodeo trying to keep out of sight.
14	Mr Burke ran towards his vehicle.  You took several steps back and raised the sledgehammer above your shoulder.  Mr Burke quickly took a step back and raised his hands.
15	You then yelled 'run cunt, run…get inside cunt or I'll fucking kill you' while taking several steps towards Mr Burke.  He retreated with you in pursuit (Charge 3 – Make threat to kill).
16	A brief stand-off then occurred between you and Mr Burke near the front porch of the house before you again came at him with the sledgehammer.  Mr Burke ran from you up to the front steps and into his house tripping over and falling to the floor inside the front door.
17	You followed Mr Burke armed with the sledgehammer, moving some two to three feet inside the house.  Mr Burke, concerned for the safety of his young daughter ran at you and pushed you out of the house and down the front steps before retreating into the house, shutting and locking the front door.  Mr Burke’s daughter at this time was screaming and crying (Charge 4 – Aggravated burglary).
18	You returned to the front door and smashed a glass panel in the door saying 'I'm going to get you cunt’.
19	Mr Burke made his way to his daughter and then recovered his mobile phone.  Meanwhile he saw on his CCTV that you had returned to the Holden Rodeo, opened the tool box and said, 'hello jackpot'.
20	Mr Burke then ran back outside yelling at you to leave and offering to open the roller gate to facilitate your departure.  In response, you demanded Mr Burke open his shed.  He refused.  You tried unsuccessfully to open the roller door to the shed.  Mr Burke again told you to leave.
21	You, still armed with the sledgehammer, said 'just give me something, I've fucking wasted my time'. Mr Burke replied, 'I've got nothing'.
22	You turned and moved towards the road but then turned back and pushed Mr Burke in the chest and ran towards the house.  Mr Burke, fearful for his daughter, chased you and caught up to you before you could re-enter the house.  He tackled you forcing your head into a brick wall.  He then got on top of you and held you in a headlock.
23	You swung the sledgehammer back over your shoulder and struck Mr Burke on the top of the head.  This caused a laceration which bled heavily.
24	Mr Burke repeatedly yelled for help from his neighbours and one of those neighbours called Triple 0 at approximately 3.05am.
25	You continued to struggle with Mr Burke on the ground for several minutes, with Mr Burke eventually getting control of the sledgehammer.  During this struggle you took hold of a concrete garden ornament and struck Mr Burke twice to the head with it.  He managed to wrestle the ornament away while still struggling with you. 
26	Eventually the struggle stopped and you and Mr Burke stood up.
27	You then picked up a pair of kitchen tongs from the ground and renewed your attack on him.  You chased Mr Burke towards his work vehicle in the driveway.  Mr Burke was holding the sledgehammer and raised it above his head in a defensive posture.  You then attempted to stab Mr Burke in the chest with the tongs but instead penetrated his left wrist.  You took a second swing at Mr Burke but, again, missed his chest and struck his left wrist.
28	You then moved to the side fence and appeared initially to be about to climb over it and leave but then turned back and stabbed Mr Burke in the left arm with the tongs.  You continued your attack and Mr Burke kept pushing you away (Charge 5 – Causing injury intentionally (rolled up)).
29	At 3.16am a police unit arrived outside Mr Burke’s home.  Mr Burke had been subject to an attack lasting some 13 minutes.
30	Apparently seeing the police vehicle headlights, you climbed over the side fence and attempted to hide.  Police quickly located you and following a short struggle they took you into custody.
31	When taken into custody you told the police that you had 'fucked up' and needed mental help.
32	Ambulance attended and gave you some sedation due to your heightened state.  You were taken to Frankston Hospital, assessed and released to police custody a few hours later.
33	Mr Burke was also taken to hospital.  He was observed to have a range of injuries that are outlined in detail in paragraph [46] of the prosecution opening, including:
(a)	An open wound approximately three centimetres in length on the top of his forehead requiring stitches;
(b)	Two penetrating wounds to his inner left wrist and one wound to his lower left forearm;
(c)	Abrasions and bruising to the right chest and shoulder; and
(d)	Grazing to the outside of his left hand, left knee, right knee and right shinbone.
34	Mr Burke was released from the hospital later that day.  Following his discharge from hospital police sought to interview you on the evening of 26 August 2022.  You chose to remain mute in the face of questions but initially did make some admissions.  You then began banging your head on the interview room table.  You ripped the microphone cord off the recording device and wrapped it around your neck.  It took five police officers to restrain you.  The interview was discontinued.  The recording device was rendered inoperable (Charge 9 – Damaging property).
35	Following your arrest, search warrants were executed at your home in Frankston and later at the storage unit leased by you in Carrum Downs.
36	At your home, police located a home-made imitation firearm (Charge 7 – prohibited person possess imitation firearm).
37	They also found a pair of nunchakus (Summary Charge 11 – Possess a prohibited weapon without exemption or approval).
38	When police searched your home they recovered the contents of a purse earlier stolen from a Hyundai wagon and as outlined in the prosecution opening and Schedule A of the indictment (Charge 8 - Handling stolen goods).  Further, they found number plates that were previously stolen from a Holden Barina fitted to a Holden Crewman owned by you (Charge 6 - Handling stolen goods).  In addition, they located a Bosch hammer drill and Lock Jaw ladder grip in a Holden motorcar at your premises. This property had been stolen from a Mitsubishi utility broken into in the driveway of a private residence in Frankston South sometime between 22 and 23 August 2022.  An examination of Telecom tower data placed your mobile phone within the proximity of the relevant premises on the night of the theft (Charge 1 - Theft).
39	Police also located a large amount of property at your premises, as outlined at paragraph [49] of the opening (Summary Charge 21 – Deal with property suspected of being the proceeds of crime).  They also located property suspected of being proceeds of crime in the nature of personal cards, identification and a key and remote (Summary Charge 12 – Deal with property suspected of being the proceeds of crime).  
40	In the search of the storage unit on 2 September 22 police located a range of items including those outlined in the prosecution opening and Schedule B of the indictment (Charge 10 – Handling stolen goods) and Schedule C (Charge 11 – Handling stolen goods).  Police also located a large amount of assorted goods including electrical tools, personal memorabilia and alcohol (Summary Charge 24 – Deal with property suspected of being the proceeds of crime).
41	At the time of this offending you were on bail (Summary Charge 6 – Commit an indictable offence whilst on bail).  
Victim impact
42	The victim of your offending, Mr Burke, attended Court and read out his victim impact statement.  His statement outlines, in both an articulate and measured way, the pervasive and serious impact of your offending.  He refers to the emotional impact of your crime and the hypervigilance it has caused him.  He states:
…since the crime I am more paranoid.  I am watching the cameras on my house constantly and always on alert for any noise…since the crime I have lost time with work and family attending regular counselling sessions trying to manage.
43	He outlines in detail the far reaching physical, financial and social impact of your offending.  He struggles with memory, concentration, motivation and patience.  It has also caused him to disengage and be more isolated.  He states:
 …since the crime I find myself not wanting to leave my home to see mates and family, in fear of another crime happening at my home.
44	It is clear that your offending has disrupted and impacted his fundamental sense of security and safety for him and his daughter.  He also shared some pictures drawn by his young daughter and was rightfully troubled and disturbed that she identifies her dad as her hero because he keeps her safe from 'bad men'.  I take into account the impact of your offending in sentencing you.  
Gravity of the offending 
45	The charge of aggravated burglary is an inherently serious one, as indicated by the prescribed maximum penalty.  Your offending in the early hours of 26 August 2022 was serious.  The footage played in Court demonstrates the confronting, intrusive and protracted nature of your offending this night.  
46	In respect of an assessment of the aggravated burglary I have been guided by the Court of Appeal in DPP v Meyers and the relevant factors considered in that case.  Your intention at entry was to assault Mr Burke.  The events occurred in the early hours of the morning and you pursued him inside of his home.  You carried and used a weapon at the time.  You were not known to Mr Burke and this is not a case, I accept, of any pre-existing hostile relationships.
47	Though your entry into Mr Burke's home was of relatively short duration and you moved some two to three feet inside, it was a significant intrusion in confronting circumstances in his home, where he (and his young daughter) were entitled to feel safe.  The courts have emphasised the importance of general deterrence, denunciation and just punishment in such cases.  In respect of the threat to kill charge, I take into account that you threatened to kill Mr Burke while taking several steps towards him as he was retreating into his home, brandishing the sledgehammer.  
48	I regard the intentionally cause injury charge as a relatively serious example of the offence.  It is also a rolled-up charge which means that I must consider all of the circumstances, including that the offending was carried out over an extended period, was constituted by a number of acts and I must also have regard to the totality of the harm.  
49	In all the circumstances, I accept, Mr Stokes, that you were initially looking for items to steal and then sell in order to fund your drug use.  While your offending was pre-planned in this respect, I accept the submission advanced on your behalf that the aggravated burglary or assault itself was, in a sense, spontaneous.  In the course of trying to steal property you were challenged and things very quickly escalated from there, with a chaotic, sustained, and violent response on your part.  To this extent, I accept that your offending was not pre-planned or premeditated.  I accept that you acted alone and not in company.
50	In respect of the offending on this night, your counsel Mr Kenny submitted that there was a degree of artificiality involved in the imposition of separate sentences, as the assault surrounds the aggravated burglary.  While the Court must proceed cautiously to ensure that there is no double punishment, in your case the separate offending is capable of delineation.  The threat to kill precedes the aggravated burglary.  The aggravated burglary is completed upon your entry as a trespasser with the necessary intent.  You were quickly ejected from the premises by Mr Burke.  The assault on him and the rolled-up intentionally cause injury charge then takes place in the yard, as outlined in the prosecution opening.  I accept that given the circumstances and the nature of the offending, totality is an important consideration and will be reflected ultimately in the orders made for concurrency and cumulation.  
51	As for the remaining offending, I take into account the applicable maximum sentences, the property damaged and also the nature and volume of the property that is the subject of the theft, handling stolen good charges and proceeds of crime charges.  I take into account as an aggravating feature of the aggravated burglary and related charges that your offending occurred while you were on bail and that this operates to displace the presumption of concurrency.  Of course, principles of parsimony, proportionality and totality continue to apply.  
52	In relation to the charge of being a prohibited person in possession of an imitation firearm, while an inherently serious offence, I was not invited to find, nor does there appear to be any basis to do so, that your possession of this item was for a criminal activity or a specific criminal purpose.
53	In discussions with clinical psychologist Bernard Healey, you had a poor recollection of your offending but recalled some aspects of the early hours of the 26 August and acknowledged being significantly drug affected.  Mr Healey states: 
…his brazen, patent and protracted behaviours, even when provided by the owner with an exit through the electric gate reflected drug disinhibition and that was reflected at the time of his arrest with damage to the digital recording system.
54	Of course, this is no excuse for your offending, Mr Stokes, but it offers some context.
Plea of guilty 
55	Your plea of guilty entitles you to a substantial discount in sentence.  You indicated a willingness to plead guilty at a relatively early stage and ultimately your matter later settled.  Your plea of guilty indicates your willingness to facilitate the course of justice and it also spared the  witnesses the further ordeal and trauma of giving evidence in court.  I also accept that your plea of guilty is reflective of remorse and an acceptance of responsibility for your conduct.  At your plea hearing your counsel submitted that you had spent time in custody reflecting on the impact of your offending on Mr Burke and his young family.  On your behalf, you asked your counsel to apologise to him and to communicate this to the court.  Your plea of guilty also entitles you to a greater amelioration of sentence in line with what we refer to as the Worboyes principles. 
Personal circumstances 
56	Mr Stokes, your background was canvassed by Mr Healey in his report and also by your counsel, Mr Kenny, in a thorough plea.  I accept that it is a history marred by extreme trauma and disadvantage.  
57	In brief, you were born in Frankston.  You lived there with your parents and your younger brother.  As Mr Healey states:
 …your home setting was a very traumatic, distressing and volatile one linked to [your] father's violence either under the influence of drugs or even at times apparently when he was sober.
Offering some indication of the intergenerational trauma within the family, both your maternal grandparents committed suicide when you were young.  Your paternal grandfather also died as a result of kidney failure and your grandmother later relocated to Western Australia.  
58	Growing up, there was little money in the home and at times your father was simply absent, due to being incarcerated.  Your father was described as a drug user and dealer and as frequently assaulting you, your younger brother and your mother. You detailed to Mr Healey the extreme nature of the violence perpetrated against you as a child.  At times you were rendered unconscious.  Other times, you had to wear your school clothing in such a way as to conceal your injuries.  Mr Healey states:
…the [home] environment was clearly one of heightened fear, certainly at times terror, and he and his brother were often confined to the bedroom. 
59	The violence in the home caused your mother to flee when you were around ten years of age.  From that age onwards you had little contact with your her and you were left in the care of your abusive father.  
60	Unsurprisingly your schooling was fragmented and unsettled.  You attended three different primary schools.  You attended Patterson River Secondary College before being asked to leave in Year 9 and then you attempted Year 10 at TAFE.
61	At around the time that you stopped going to school, that is when you were approximately 16, you moved out of the family home and lived independently with a friend.  From that time onwards you led quite a transient and unstable lifestyle, significantly impacted by your increasing drug use.  From around the age of 13 you had started smoking cannabis .  In your mid-teens you started using speed.  Your drug use escalated such that during your 20s you used ice, speed, heroin, ecstasy and GHB heavily.
62	Upon leaving TAFE in Year 10, you undertook two years as a baker's apprentice but this came to an end because of your drug use.
63	At the age of 25, your life took a drastic change for the better.  You formed a relationship with a woman who had suffered her own addiction issues.  Together, you committed yourself to supporting each other, building a life together and abstaining from drugs.  You were successful in doing this for a period of approximately five years and this is largely reflected in your prior criminal history.  As a result of your ongoing efforts you managed to secure stable housing.  For this period you were employed consistently, mainly by Dromana Removals and Tyabb Removals.  You welcomed your son, who is now five years of age.  Unfortunately, after his birth things did start to unravel, with your partner apparently struggling and being the first to relapse.  You soon followed and the relationship fell apart.  You ended up offending against her, resulting in charges and your Court appearance on 24 November 21.  On that occasion you received a short term of imprisonment along with a Community Corrections Order, which I was told is listed for breach proceedings next month.  At the time of its imposition you were living with your aunt.  You were initially engaged and motivated.  However, you ended up relapsing again into drug use, including using heroin intravenously and started committing property offences with the intention of getting money for drugs.
64	You have an extensive and relevant prior criminal history, Mr Stokes, which includes previous convictions for personal violence and dishonesty related matters. You have received fines, corrections orders and short terms of either immediate or suspended imprisonment.  
Bugmy principles 
65	Your counsel submitted that the Bugmy principles apply in your case.  The case of Bugmy stands for the proposition that profound childhood deprivation is directly relevant to sentencing in and of itself.  
66	Mr Healey undertook a formal personality assessment of you which was indicative of Generalised Anxiety, Bipolar Spectrum Disorder and drug use.  He considered your presentation was:
 …consistent with [your] unfortunate early developmental deprivation and restricted capacity to establish any meaningful social interaction and the availability of drug substances in the house and the use of those substances as a form of escape from the horrors of the very distressing childhood and adolescent experiences.
67	He considered your violent and volatile background to have contributed to a:
…directionless life, drugs as a form of escape, and lack of personal development with marked feelings of uncertainty and inadequacy.
68	I accept that your childhood involved significant hardship and deprivation.  As the High Court explained:
 …the circumstances that an offender has been raised in a community surrounded by alcohol abuse and violence may mitigate the sentence because his or her moral culpability is likely to be less than the culpability of an offender whose formative years have not been marred in that way.
69	I am satisfied that your moral culpability for the offending is reduced and that it also puts into context your prior criminal history.  The application of these principles also however brings into sharp focus the importance of community protection as a sentencing consideration in your case. 
70	There was no reliance on Verdins principles but I can indicate that I have otherwise taken into account the contents of Mr Healey's report and the mental health and personality issues identified.  
Prospects of rehabilitation 
71	Your prospects, Mr Stokes, of rehabilitation are largely contingent upon you abstaining from drugs.  You have a relevant criminal history of offending that is either, directly or indirectly, related to your drug addiction.  In my assessment of your prospects, I take into account that there is a significant gap in your criminal record between 2015 and 2021 and that for this period of time you were able to build for yourself a productive, worthwhile and drug free life.  You need to commit yourself to relapse prevention and to addressing the complex issues that underlie your offending and your drug use.  As Mr Healey states in his report:
 …while [you have] demonstrated a capacity to abstain from illicit drug intake [you haven't] dealt effectively with relapse prevention, each relapse being more severe as time passes.
72	You currently present with a strong desire to abstain from drugs in the future.  Mr Healey states:
 …he has a strong desire to be the father he should be to his son and indeed to help other youth beset by problems he experienced himself and the precarious escape of drug abuse addiction.
73	Your counsel Mr Kenny also submitted that your separation from your son provides you with significant motivation to do everything that you can to rehabilitate.  
74	This period on remand represents your longest experience in custody.  You were promoted to a billet in the textile unit, working five days a week, which is a position of responsibility.  There are limited rehabilitative courses available in custody and during your remand there have been some restrictions that arise from the Covid-19 pandemic.  You have managed to complete a 24 hour drug and alcohol course over a period of four days.  You have also completed a food handling and occupational health and safety course.  You have not used illicit substances in custody and I was today provided with three clean urine samples.  For the last several months you have also been on the methadone program, which has generally been positive and is your first experience of pharmacological therapy.  Upon your release from custody you are interested in pursuing a residential rehabilitation program.  I was told you will be able to call upon your mother and brother who live in Warrnambool for immediate accommodation and support.  
75	I take all of these matters into account in your favour in my assessment of your rehabilitative prospects, which, in all the circumstances I regard as reasonable.  
Sentencing principles 
76	The basic purpose for which a Court may impose a sentence are punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community. 
77	I take into account the sentencing guidelines referred to in s5 of the Sentencing Act 1991 (Vic) where relevant in your case.
78	I have had regard to current sentencing practices and in particular to cases dealing with aggravated burglary and intentionally cause injury.  I was also provided with a copy of the Sentencing Snapshots for aggravated burglary by your Counsel.  The current sentencing practices and statistics are of course but one factor to consider and each case ultimately turns on its own facts and circumstances.
79	There was no dispute, Mr Stokes, between the parties that your offending requires a term of imprisonment, structured by way of a total effective sentence and a non-parole period.  It is clear, given the gravity of your offending and its impact, that the only just and appropriate sentence available is one of substantial imprisonment, structured in this way.  As I have already indicated, I have taken into account all relevant principles, including proportionality and totality, particularly in my orders for concurrency and cumulation.  As the Court of Appeal stated in the case of Azzopardi, referred to by your counsel at paragraph [62]:
  …once the sentence satisfies the punitive and mitigatory sentencing objectives for the offenders overall conduct, the sentence is then proportionate to the offender's criminality.  No justification then exists for a more severe sentence, proportionality and just deserts defining the outer limits of punishment.
80	I will also set a non-parole period that is designed to maximise your rehabilitative prospects.  It will allow you to build upon your current efforts and motivations, as you have in the past demonstrated you are capable of doing.  I also consider in your case, Mr Stokes, that this best serves and protects the community interest.
81	In relation to three of the handle stolen good charges and the proceeds of crime charges, I intend to impose, as I earlier today raised with counsel, an aggregate sentence as they are founded on the same facts or series of offences and are of a similar character.  
82	Synthesising all relevant matters, you are convicted and on all charges sentenced as follows:
Sentence
83	Charge 1, theft, four months' imprisonment.
84	Charge 2, damaging property, six months' imprisonment.
85	Charge 3, make threat to kill, nine months' imprisonment.
86	Charge 4, aggravated burglary, 29 months' imprisonment, which is two years and five months’ imprisonment.
87	Charge 5, causing injury intentionally, rolled-up count, 20 months' imprisonment.
88	Charge 6, handling stolen goods, three months' imprisonment.
89	Charge 7, prohibited person possessing an imitation firearm, six months' imprisonment.
90	Charges 8, 10, and 11, three counts of handling stolen goods, an aggregate term of ten months' imprisonment.
91	Charge 9, damaging property, three months' imprisonment.
92	Summary Charge 6, commit an indictable offence on bail, one month imprisonment.
93	Summary Charge 8, resist an emergency worker on duty, seven days’ imprisonment.
94	Summary Charge 11, possess a prohibited weapon without exemption or approval, 14 days’ imprisonment.
95	Summary Charges 12, 21, and 24, deal with property suspected of being the proceeds of crime, an aggregate six months’ imprisonment.  
96	Orders for cumulation are as follows:
97	Charge 4 is the base sentence.  Charge 1, one month cumulation.  Charge 2, two months cumulation.  Charge 3, two months cumulation.  Charge 5, six months cumulation.  Charge 7, one month cumulation.
98	On the aggregate term, that is, the ten months that is imposed on Charges 8, 10 and 11, two months are ordered to be served cumulatively.  On the aggregate term imposed on Summary Charges 11, 12, and 21, I order one month cumulation.
99	HER HONOUR: This should total, where I've obviously not indicated cumulation, it's to be served concurrently, this should total three years and eight months' imprisonment.  In other words, 44 months.  I have checked these figures, but I invite counsel to.
100	MR ELLWOOD:  No, that's my count as well, Your Honour, 44 months.
101	HER HONOUR:  Mr Kenny?  Is he on mute?
102	MR KENNY:  Sorry, I agree with that, Your Honour, yes.
103	HER HONOUR:  All right, thank you.  The non-parole period that I will set is two years and three months, which is 27 months.
104	Pursuant to s18, I declare that Mr Stokes has served 307 day’s presentence detention.
105	Pursuant to s6AAA, I indicate that but for your plea of guilty, I would have sentenced you to some five years and three months' imprisonment, with a non‑parole period of three years and four months’ imprisonment.
106	I make the forfeiture orders in the terms sought.  Pursuant to s89A of the Sentencing Act 1991 (Vic) and as it attaches to Charge 4, I do consider it appropriate and necessary to disqualify Mr Stokes from driving and taking into account a range of circumstances that I will not repeat now, but are canvassed in my sentence, I'll disqualify him from driving for a period of six months.
107	Counsel, is there anything further?  I'm keen to allow you a moment, Mr Kenny, to speak to Mr Stokes on the link, to give you that opportunity.  
108	MR ELLWOOD:  I don't believe so, Your Honour, no.
109	MR KENNY:  I don't think so, Your Honour.
110	HER HONOUR:  All right.
111	MR KENNY:  May it please the court.
112	HER HONOUR:  All right.  I'd like to thank counsel for their assistance and thank everybody, including, I can see Mr Burke, who has attended today.  Mr Stokes, just wait a moment and when you are told that you can, you'll have an opportunity to speak just for a couple of minutes with Mr Kenny.
113	OFFENDER:  Thank you.
114	MR ELLWOOD:  I'll mute myself, Your Honour.
115	HER HONOUR:  We'll adjourn the court.  Thank you.
116	MR ELLWOOD:  Thank you.
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