two c
IN THE COUNTY COURT OF VICTORIA
AT Melbourne
CRIMINAL DIVISION	Revised
Not Restricted
Suitable for Publication	
Case No. CR-21-01739

DIRECTOR OF PUBLIC PROSECUTIONS		
		
v		
		
DYLAN CRAGG		

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JUDGE:	HER HONOUR JUDGE CHAMBERS	
WHERE HELD:	Melbourne	
DATE OF HEARING:	17 November 2021	
DATE OF SENTENCE:	24 November 2021	
CASE MAY BE CITED AS:	DPP v Cragg (Sentence)	
MEDIUM NEUTRAL CITATION:	[2021] VCC 1896		

REASONS FOR SENTENCE
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Subject:	CRIMINAL LAW - Sentence
Catchwords: 	Possessing a traffickable quantity of firearms, two charges of carrying a firearm contrary to a firearm prohibition order, handling stolen goods, theft of motor vehicle and possession of a drug of dependence - early plea - burden of imprisonment due to COVID-19 restrictions – offending during the operation of a drug treatment order -  general and specific deterrence, community protection and denunciation paramount sentencing considerations; double punishment, cumulation and totality
Legislation Cited:	Crimes Act 1958, Firearms Act 1996, Sentencing Act 1991
Cases Cited:	Berichon v. The Queen (2013) 40 VR 490; R v. Verdins (2007) 16 VR 269; Worboyes v. The Queen [2021] VSCA 169; R v. Dunn [2020] VSC 708
Sentence:	Total effective sentence of two years and eight months’ imprisonment, non-parole period of one year and six months

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APPEARANCES:
	Counsel	Solicitors	
For the DPP	Ms J. Fallah (plea)
Ms S. Thomas (Sentence)	Office of Public Prosecutions
Victoria	
			
For the Accused	Mr L. Hocking
(plea and sentence)
	Victoria Legal Aid	

HER HONOUR:

1	Dylan Cragg, on 29 November 2020, you were served with a Firearm Prohibition Order ('FPO') made by the Chief Commissioner of Police pursuant to s112D of the Firearms Act 1996.  The FPO operates for a period of ten years from that date. 
2	On 26 October 2021, you pleaded guilty to the following indictable offences:
(a)	two charges of theft of a motor vehicle contrary to s74(1) of the Crimes Act 1958 ('the Act') (charges 1 and 5), the maximum penalty for which is 10 years' imprisonment;
(b)	one charge of handling stolen goods contrary to s88 of the Act (charge 2), the maximum penalty for which is 15 years' imprisonment;
(c)	two charges of carrying a firearm contrary to an FPO contrary to s112B of the Firearms Act 1996 (charges 3 and 4), the maximum penalty for which is 10 years' imprisonment;
(d)	one charge of possessing a traffickable quantity of firearms without authorisation contrary to s7C(1) of the Firearms Act 1996 (charge 6), the maximum penalty for which is 10 years' imprisonment;
(e)	one charge of possession of a drug of dependence, namely methylamphetamine contrary to s73(1) of the Drugs, Poisons and Controlled Substances Act 1981 (charge 7), the maximum penalty for which, in this case, is one years' imprisonment.
3	In addition, you have pleaded guilty to four related summary offences; namely, failing to stop on police request (summary charge 1) the maximum penalty for which is six months' imprisonment or 60 penalty units; possessing a prohibited weapon without exemption or approval (summary charge 16), driving whilst suspended (summary charge 19), and dealing with proceeds reasonably suspected of being proceeds of crime (summary charge 20), the maximum penalty for each of these offences being two years' imprisonment. 
4	You were born on 20 March 1981 and were 40 years of age at the time of this offending.  On 18 July 2019, you were sentenced by the Magistrates' Court to a two year term of imprisonment to be served by way of a Drug Treatment Order ('DTO').  The DTO was operative at the time of your offending.
5	On 17 November 2021, I refused your application to transfer the charges to the Magistrates' Court to be heard and determined summarily pursuant to s168 of the Criminal Procedure Act 2009 due to serious nature and gravity of the offending.  Your plea then proceeded before me on that date.
Circumstances of the offending
6	The prosecution opening was tendered on the plea and is the agreed basis upon which you are to be sentenced.  It is therefore sufficient for me to provide an overview of the summary of facts.
Incident 1 – 3 May 2021
7	On the afternoon of 3 May 2021, police observed you driving a black Audi sedan, registered in your name, in South Melbourne.  The vehicle had an incorrectly affixed number plate.  Your licence had been suspended on 4 November 2020 for a period of 12 months.  Upon checking your licence status, the police sought to intercept your vehicle, activating their lights and sirens.  You accelerated away at speed, weaving between traffic and parked cars.  Police observed you drive through an intersection against a red traffic light where pedestrians were crossing the road.  This conduct is the subject of Summary Charge 1 - fail to stop on police request and 19 - driving whilst your authorisation was suspended.
Incident 2 – 5 May 2021
8	At approximately 11.55 am on 5 May 2021, police observed a 2019 Blue Honda CRV parked in Dandenong with fake number plates attached.  Upon checking the VIN number, the police confirmed this was a vehicle that had been stolen from the driveway of the owner's address in Burwood in January 2021.  Police searched the vehicle and located approximately 20 shotgun shells, 15 larger rounds of ammunition, 15 to 20 sets of car keys, and a large hunting knife.  You are not charged in relation to these items and the prosecution only rely upon it as context to your offending on 5 May 2021. 
9	As police returned to their vehicle to conduct further checks, you were observed approaching the car.  Recognising you, the police tried to intercept you and a police vehicle attempted to block you in.  You jumped into the driver's seat of the Honda and closed the door.  Police attempted to open the door, but it was now locked. 
10	You accelerated away.  Police followed in their vehicle and observed you mount a curb and drive away at speed.  The police lost sight of you and discontinued their pursuit.  This conduct is the subject of Charge 1 – theft of a motor vehicle.
Incident 3 – 10 May 2021
11	On 10 May 2021, you were arrested by police in South Melbourne.  You were searched and found to be in possession of two sets of car keys, a bag containing multiple laptops and sim cards.  One set of keys was for the stolen blue Honda CRV.  This conduct forms part of the basis for summary charge 20 – dealing with property suspected of being the proceeds of crime.
12	At the time of your arrest, you were with your partner, Stacey Ayres.  Four New Zealand passports belonging to others were found in her handbag.  The passports had been stolen in a residential burglary in early May 2021.  This is the subject, in part, of charge 2 – handling stolen goods.
13	Following your arrest, you told police the location of the blue Honda CRV.  Police then located the vehicle, unlocked and with no number plates attached.
14	Based on other information, the police executed a search warrant at an address you were occupying in Clarendon Street, South Melbourne, later that day.  At the rear of the premises, police observed a black Mercedes sedan that had been stolen from Cambro Motors in Clayton on 21 February 2021.  The keys to the car had also been stolen.  These were the other keys found in your possession.  This is the subject of charge 5 – theft of motor vehicle.
15	The upper level of the property consisted of two bedrooms, a bathroom, and two further rooms that were both deadlocked.  Using a set of keys seized from you, the police opened the doors and in one of the locked rooms, the police located and seized the following items:
(a)	a double-barrel side by side longarm in a carry case (Charges 3 and 6);
(b)	a sawn-off rifle in a case and loaded with one round in the chamber and four in the magazine (Charges 3 and 6);
(c)	various loose ammunition and empty ammunition boxes (Charge 4);
(d)	five further passports in the name of others (Charge 2);
(e)	six Medicare cards not in your name (Charge 2);
(f)	four bankcards not in your name (Charge 2);
(g)	three licences not in your name (Charge 2);
(h)	certain foreign money (Charge 2); 
(i)	a birth certificate stolen from the same burglary as the passports found in Ms Ayers’ handbag (Charge 2);
(j)	a Victorian Police Arson kitbag with Helmet marked 'Hatton' (Charge 2);
(k)	a small Ziplock bag containing traces of methylamphetamine (Charge 7);
(l)	keys belonging to Cambro Motors and the Cambro Motor's key chain (Charge 2);
(m)	collectable coins (Summary Charge 20);
(n)	identification documents with unknown persons' images (Summary Charge 20);
(o)	six mobile phones (Summary Charge 20);
(p)	Victorian registration plate 'YJA 547' (Summary Charge 20);
(q)	a VicRoads letter in the name of Cragg;
(r)	five CCTV hard-drives (Summary Charge 20);
(s)	a Hyundai vehicle logbook in the name of M. Jones, with registration YAI 390 (Summary Charge 20);
(t)	assorted jewellery (Summary Charge 20);
(u)	personal cards, again not in your name (Summary Charge 20);
(v)	numerous miscellaneous keys, fobs, and keyrings (Summary Charge 20);
(w)	various USBs and microchips (Summary Charge 20); and
(x)	a Samsung television (Summary Charge 20).
16	The Victorian Police Arson kitbag with Helmet marked 'Hatton' seized by police had been stolen between 1 and 18 January 2021 from a Victorian Police unmarked vehicle and belonged to Detective Leading Senior Constable Glen Hatton.
17	On 13 May 2021 police searched the stolen Mercedes and located a brown and gold handled hunting knife in a brown sheath (Summary Charge 16).
Interview and investigation
18	You were interviewed by police on 10 May 2021.  You told police that the shotgun 'wasn't yours'.  You stated you 'believed' you had been served with the FPO.  While the firearms were found in a room, you said they were not in your possession as you did not have them on your person.  You said the keys opened the door to the room but that it was not your room, rather was a room in an Airbnb.  In relation to the incident on 3 May 2021, you stated you sold the black Audi 'months ago' but could not recall if you had proof of the sale.  You said you did not believe you were the driver of the vehicle on that date.  You told police the items in the bag were yours, including old 'computers and stuff', and you thought the passports in 
Ms Ayres' handbag had been put there by you.
19	The police tested the firearms.  The sawn-off rifle was a .303 bolt action rifle.  The serial number had been erased, the barrel and buttstock sawn off to form a 'pistol grip'.  The overall length of the modified rifle was 65.8 centimetres, meeting the definition of a handgun for the purposes of the Firearms Act 1996.  The ammunition found within the chamber and attached box magazine were all capable of being fired by the sawn-off rifle. 
20	The double-barrelled shotgun was in working order with the left barrel capable of being discharged.  The right barrel was warn or broken and could not have been discharged without being repaired or replaced.

Objective Gravity and Moral Culpability 
21	I now turn to discuss the objective gravity of your offending and your moral culpability for the offending. 
22	Firearms offences are, by their nature, inherently serious.  The offence of possessing a traffickable quantity of firearms is aggravated by the fact the two firearms in your possession were both unsecured and capable of being fired.  In the case of the sawn-off rifle, it is relevant to my assessment of the seriousness of the offence that the firearm was cut down with its serial number erased and was loaded with ammunition.  In this fashion, the firearm was more readily concealed and capable of being fired with one hand.  Not only were the firearms located, but a significant amount of ammunition was also found in the same room. 
23	On your behalf, Mr Hocking submitted there was no evidence to suggest any organization or premeditation to your offending.  I do not accept this submission.  In addition to the firearms and ammunition, a large quantity of items suspected of being the proceeds of crime were located in the deadlocked room in your premises.  You had the keys to that room.  The fact these items had been transported to the location and stored in this manner evidences a degree of premeditation and planning. 
24	Overall, I consider this to be a serious example of the firearms offences, even accepting that possession of two firearms is the threshold for possessing a traffickable quantity of firearms. 
25	The circumstances of the offending are particularly serious given you were prohibited from possessing firearms under the FPO served on you in 
November 2020.  These charges (Charges 3 and 4) are of course separate offences to the possession charge (Charge 6), and you are not to be doubly punished to the extent they are founded on the same facts. These circumstances are, however, relevant to my assessment of the gravity of your offending conduct overall.  
26	The statutory regime governing the FPO and the offence of contravening such an order is clearly designed to deter those who are subject to such orders from possessing or carrying an illegal firearm in the interests of community safety.  It is a serious offence, marked by the maximum penalty of 10 years' imprisonment to contravene such an order. 
27	In Berichon v R, the Court of Appeal outlined two broad categories when considering the seriousness of the conduct of a prohibited person possessing an unregistered firearm, stating:
'The first category of cases are those where the conclusion is not open that the possession of the firearm is associated with some ongoing criminal activity. The second category of cases are those where the evidence enables the conclusion that the possession is for the specific purpose of criminal activity, or a specific criminal purpose, more severe sentences are then usually in order…The prior convictions of the offender in conjunction with the circumstantial evidence may also enable the conclusion to be drawn that the possession is for some unlawful activity.'
28	The reasoning in Berichon equally applies when assessing the objective gravity of the offence of carrying a firearm contrary to an FPO and the possession offence.  The prosecution submits it is open to find that the firearms offences fall within the second category of being possessed for some unlawful activity or a specific criminal purpose, based on the modifications to the sawn-off rifle, combined with your prior conviction for possession of a firearm.  In contrast, Mr Hocking urged the court to determine this is a low level example of the offence and one that falls within the first category.  Mr Hocking's submissions highlighted the absence of any evidence the firearms left the premises (other than to be transported there) or were in your possession to be sold.
29	As I have stated, it is an aggravating feature of the firearms offences that the firearms were capable of being fired and the sawn-off shotgun had been modified and was loaded. 
30	However, I do not consider that fact alone is a sufficient basis for me to conclude that you possessed the firearms as part of an ongoing criminal activity.  Although your prior firearms conviction is relevant to the sentence I impose, the fact of your prior conviction does not enable me to infer that you possessed these firearms as part of an ongoing criminal activity, or for a specific criminal purpose, on your part.  It is certainly highly concerning that the firearms were located, unsecured, at your property.  However, there is no other prosecution evidence from which it could be inferred that the firearms were in your possession for a further criminal purpose, such as being on-sold or otherwise used, or that you were responsible for the modifications to the shotgun.
31	The firearms offences fall to be assessed within the first category but, for the reasons I have discussed, I consider this offending at the upper level of seriousness within that first category for inherently serious firearms offences.
32	It is highly relevant to my assessment of the gravity of your offending that you were subject to the DTO at the time of this offending.  Given the serious nature of your offending, it was correctly accepted by your counsel that a term of imprisonment, setting a head sentence and a minimum term, was the only available sentencing option in this case.
Personal circumstances
33	I turn now to discuss your personal circumstances.
34	As stated you are now 40 years old.  Your parents both worked as you were growing up; your father as a police officer and your mother worked in retail.  You have a younger brother, Robert, who owns his own plumbing business.  You enjoyed a happy, uneventful childhood.  You attended St Anthony's Primary School in Noble Park and then completed Year 10 at Coomoora Secondary College, electing to leave school at the age of 16.  You instruct that you were bullied at school due to your size and began drinking and smoking as a way to 'fit in' and avoid being bullied at school.
35	After leaving school, you worked as a landscape gardener until you were 22 years old, where you were the supervisor of a garden maintenance team.  You then worked for Pioneer Electrics in quality control until you were approximately 28 years old.  It was around this time that you began to use methylamphetamine and subsequently lost your job as a result.  Although you do have a range of qualifications, including a Certificate III in Hospitality and Construction and cards to operate various machinery, your employment since the age of 28 has only been sporadic.
36	You have two children from a previous relationship; a son who is six years old and a daughter, aged four.  Both children live with their mother, although you ordinarily have fortnightly contact with your children.
37	You have been in a relationship with your current partner, Stacey Ayres, for approximately three years.  Ms Ayres was not charged in relation to this incident.
Criminal history and subsequent matters
38	You admitted your prior criminal history which includes dishonesty and weapons offences, dating back to October 2012. 
39	In October 2012 you were sentenced to a 12 month community correction order ('CCO') for offences that included possessing a prohibited weapon and a controlled weapon without lawful excuse, possessing a dangerous article in a public place, dealing with property suspected of being the proceeds of crime, and handling stolen goods. 
40	In September 2014, a charge of contravening a CCO was found proven.  On that date you were sentenced to a combination of 33 days' imprisonment and a further 12 month CCO for offences that included reckless conduct endangering serious injury, dealing with property suspected of being proceeds of crime, possessing methamphetamine, and possessing a controlled weapon without excuse.
41	In August 2015, a charge of contravening that CCO was found proven, and you were sentenced to an aggregate of 18 months' imprisonment for offences including driving and dishonesty offences, including four charges of burglary, four charges of theft of a motor vehicle, dealing in property suspected of being the proceeds of crime, retention of stolen goods, reckless conduct endangering life, and dangerous driving whilst pursued by police. 
42	In November 2015 you were sentenced to a three year CCO for the offence of armed robbery.  In July 2016 you were sentenced to a further 42 month CCO for further dishonesty and driving offences, including 13 charges of burglary, and driving whilst disqualified.  In March 2017 you were sentenced to 18 months' imprisonment for contravening the 42 month CCO and the conditions of your parole by further offending including dealing in property suspected of being the proceeds of crime and dishonestly retaining stolen goods.  In May 2015 you were resentenced to six months' imprisonment for contravening the three year CCO imposed in November 2015.
43	As stated, you have a prior conviction for being a prohibited person in possession of a firearm, being an Adler A110 Lever shotgun, and for possessing cartridge ammunition without a licence or permit.  These were the offences, amongst others, including five charges of burglary, for which you were sentenced in July 2019 to an aggregate of two years' imprisonment to be served by way of a DTO.  The drug treatment order was subsequently cancelled by the Magistrates' Court on 
2 June 2021 and you were sentenced to 685 days imprisonment, with 685 days declared as time served. 
44	You have been in custody since your arrest in May 2021.
45	On 29 June 2021, subsequent to these matters, you were convicted of charges of common law assault and contravening a family violence intervention order and sentenced to six months' imprisonment.  
46	You have a highly relevant and extensive prior history, including the previous conviction for being a prohibited person in possession of a firearm.  Much of your previous criminal history has arisen in the context of your long-standing addiction to methylamphetamine.  It was this nexus between your addiction and your offending that led to your placement on the drug treatment order in July 2019. 
47	In his submissions, Mr Hocking emphasised that for the first seven months of that order you were completely abstinent from drugs and had been promoted to Phase 2 of the drug treatment order program.  Unfortunately, despite the supports provided through the DTO, including housing support, you subsequently relapsed.  In this context, I  am guarded about your future prospects of rehabilitation.  They will very much depend on your ability to remain drug free and to extricate yourself from your drug-related associations in the long-term.  I accept you demonstrated that with intensive support you were able to remain drug free for many months under the drug treatment order, but your ability to do so long term will be the key to turning your life around. 
48	In light of your prior criminal history, the sentence I impose must operate to specifically deter you from further offending.  It is accepted that your moral culpability for this offending is high.  No reliance was placed on Verdins to reduce your moral culpability. 
49	In cases such as this, the paramount sentencing considerations are general deterrence, denunciation and, significantly, the protection of the community.  The sentence to be imposed must unequivocally denounce the conduct of possessing a traffickable quantity of firearms.  You and others must understand that if you possess firearms whilst subject to an FPO, then you will be appropriately punished. 
Sentencing considerations
50	In written submissions that were expanded upon in the plea hearing, both counsel highlighted a number of matters they submit should be given weight in the sentence I impose.
51	First and foremost is your plea of guilty.  It is accepted by the prosecution that this was a plea entered at the earliest opportunity.  It has significant utilitarian benefit.  In pleading guilty at this stage, you saved the community the time and expense of running a trial.  The value of your plea is heightened against a COVID-19 background where an early guilty plea carries even greater weight in mitigation than a similar plea entered in other times. 
52	No psychological or other material has been filed on your behalf.  I note that you co-operated with police to a limited extent following your arrest by advising them of the location of the blue Honda CRV.  However, beyond the remorse indicated by your plea and your limited co-operation with police, there is no basis to find you are genuinely remorseful for your conduct.
53	Secondly, I take into account the current circumstances surrounding the COVID-19 pandemic. You were remanded on 10 May 2021 and your time in custody has run in tandem with the restrictions imposed by Corrections to respond to the pandemic.  These restrictions have included increased lockdowns and periods in isolation to act as a form of quarantine, and limits on face-to-face contact with family.  For you, this has included an inability to have regular and meaningful contact with your two children.  This has been difficult for you.  Programs and courses in custody have also been impacted. I accept these conditions in custody are an added burden of your time on remand and are relevant in mitigation of sentence.
54	Your application for this matter to be dealt with in the Drug and Alcohol Treatment Court was refused by His Honour Judge Higham, given the absence of any connection between this offending and your drug addiction. 
55	In support of that application, Mr Hocking outlined a number of matters that were also relied upon on in the plea. He submitted that at the time of this offending, you were using methylamphetamine daily, and had been purchasing drugs from an associate at a discounted rate.  It was this friend who asked you to clear out a storage unit for him whilst he was in custody.  You did so and, despite being aware you were subject to the FPO, moved all the items to your Clarendon Street property, with the intent of returning the items, including the firearms, to your associate at a later date upon his release. 
56	Whilst these matters provide context for your offending, they do not operate to mitigate your sentence.  To the contrary.  I agree with the prosecution submissions that your possession of the firearms in this context, and contrary to the FPO, is a 'profoundly serious scenario' and highlights the need for the sentence to operate to protect the community.
57	Mr Hocking referred to the authority of R v Dunn to submit you are entitled to a moderated sentence on the basis there is a strong prospect that you will serve each day of any sentence, given your previous history of breaching orders.  However, on an analysis of the reasoning in Dunn, it appears the Court's consideration of these matters arose due to the fact the accused in that case had already served a period approaching or exceeding any proposed non-parole period. For that reason, a combination sentence was considered appropriate to best promote the accused's prospects of rehabilitation. 
58	That is not the case here.  You have only served 65 days on remand for these matters.  Further, Mr Hocking conceded that a combination sentence was not an appropriate sentencing disposition in your case.  Moreover, s5(2AA) of the Sentencing Act 1991 expressly prevents the court from considering any possibility or likelihood that the length of time actually spent in custody may or may not be affected by the executive action of the Adult Parole Board.  Accordingly, I have not taken these matters into account, as the legislation prevents me from doing so.
59	Finally, Mr Hocking submitted there is considerable overlap in the elements of the offence constituting the possession offence and the offence of carrying a firearm contrary to an FPO.  I accept this submission.  The issue of double punishment therefore arises.  The offences overlap to a considerable degree and this warrants a significant degree of cumulation between the sentences. 
60	Notwithstanding this fact however, the offences are not identical and are directed towards different vices or criminality.  The offence contrary to s7C of the Firearms Act 1996 is directed toward possession of a certain quantity of firearms; that is, a traffickable quantity.  The offence under s112B of the Firearms Act 1996  is directed to carrying a firearm contrary to an FPO.  Your criminality for the two offences requires recognition by some degree of cumulation, whilst having regard to the sentencing principle of totality. I have also had regard to the six month sentence you have subsequently served in the application of the principle of totality.  
Sentence
61	Balancing these considerations and having regard to the maximum penalties imposed for each offence, I sentence you as follows.
62	On Charge 1 – theft of motor vehicle - you are convicted and sentenced to six months' imprisonment.
63	On Charge 2 – handling stolen goods - you are convicted and sentenced to 10 months' imprisonment.
64	On Charges 3 and 4 – carrying a firearm contrary to a firearm prohibition order - you are convicted and sentenced to 18 months' imprisonment on each charge. 
65	On Charge 5 – theft of motor vehicle – you are convicted and sentenced to six months' imprisonment. 
66	On Charge 6 – possessing a traffickable quantity of firearms without authorisation – you are convicted and sentenced to 20 months' imprisonment.  This is the base sentence.
67	On Charge 7 – possess a drug of dependence – you are convicted and sentenced to one month’s imprisonment.
68	On Summary Charge 1 – failing to stop on police request – you are convicted and sentenced to 14 days' imprisonment. 
69	On Summary Charge 16 – possessing a prohibited weapon without exemption – you are convicted and sentenced to two months' imprisonment.
70	On Summary Charge 19 – driving whilst suspended – you are convicted and sentenced to two months' imprisonment.
71	On Summary Charge 20 – dealing with property suspected of being proceeds of crime – you are convicted and sentenced to three months' imprisonment.
72	I direct that one month of the sentence imposed on Charge 1, three months of the sentence imposed on Charge 2, three months of the sentence imposed on Charge 3, three months of sentence imposed on Charge 4, one month of the sentence imposed on Charge 5, and one month of the sentence imposed on Summary Charge 20 be served cumulatively upon the sentence imposed on Charge 6 and upon each other.  All other sentences are to be served concurrently. 
73	This gives a total effective sentence of two years', eight months' imprisonment.  I fix a non-parole period of one year, six months before you are eligible for parole.
74	Pursuant to s18 of the Sentencing Act 1991, I declare that 65 days be reckoned as the period of imprisonment already served under the sentence I have imposed.
75	On charges 1 and 5 and on summary charges 1 and 19, your licence is cancelled, and you are disqualified from driving in the State of Victoria for a period of 12 months from today's date.
76	Pursuant to s6AAA of the Sentencing Act 1991, if not for your plea of guilty, I would have sentenced you to a period of three years' and six months' imprisonment with a non-parole period of two years and four months.
77	Finally, I make the disposition and forfeiture orders sought by the prosecution, noting they are not opposed.  
78	Do either counsel require any clarification of the sentence?
79	MS THOMAS:  No, Your Honour.
80	HER HONOUR:  Are there any custody management issues you wish me to note?  
81	MR HOCKING:  I believe they have already been noted.  I am just thinking out loud, Your Honour.  There is no diagnosis, there is no medication prescribed.  It is unknown to the Fulham Correctional Centre, so there is nothing else to note, Your Honour.
82	HER HONOUR:  All right, thank you.  I thank counsel for their assistance.  
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