IN THE COUNTY COURT OF VICTORIA	Revised
Not Restricted
Suitable for Publication	
AT MELBOURNE
CRIMINAL JURISDICTION

CR-19-01476

DIRECTOR OF PUBLIC PROSECUTIONS		
		
v		
		
RUSSELL BEATIE		

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JUDGE:	HIS HONOUR JUDGE JOHNS	
WHERE HELD:	Melbourne	
DATE OF HEARING:	1 December 2021	
DATE OF SENTENCE:	15 December 2021	
CASE MAY BE CITED AS:	DPP v Beatie	
MEDIUM NEUTRAL CITATION:	[2021] VCC	

REASONS FOR SENTENCE
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Subject: 			CRIMINAL LAW – Sentence
Catchwords: 			Robbery – Carjacking – Resist Police – Plea of guilty – COVID-19 pandemic – Parity – Progress on CISP bail – Substance abuse – Mercy and leniency 
Legislation Cited:	Sentencing Act 1991 (Vic)
Cases Cited: 	
Sentence: 			Total effective sentence of 22 months’ imprisonment with a two-year community corrections order.
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APPEARANCES:
	Counsel	Solicitors	
For the Director of Public Prosecutions	Mr A. Buckland	Office of Public Prosecutions	
			
For the Accused	Mr J. McQuillan	David Barrese & Associates 	

HIS HONOUR:
1	Russell Beatie, you have pleaded guilty to one charge of robbery, one charge of carjacking and to the uplifted summary charge of resist an emergency worker on duty.  The maximum penalty for robbery is 15 years’ imprisonment, for carjacking – 15 years’ imprisonment and for resist an emergency worker on duty – 60 penalty units or 6 months’ imprisonment.  
2	You have admitted a criminal record that discloses relevant prior convictions. 
3	The circumstances of your offending are clearly and succinctly set out in the Summary of Prosecution Opening which was Exhibit A on the plea and forms part of these reasons for sentence. 
Circumstances of Offending
Charge 1 - Robbery
4	On 18 January 2019, you and your co-accused attended at a property located at 20 White Street, Mordialloc.  At approximately 1:00 am, your victim, who was in the process of moving house, arrived at a property located at 4 Barkly Street, Mordialloc, and parked his vehicle.  In your victim’s car were a number of items that had been collected from a storage unit and included a computer, electronic items, jewellery, tools and other personal items. 
5	Your victim noticed you and your co-accused at the end of the street walking towards him.  He remained seated in the driver’s seat of the vehicle.  You approached the front passenger side of the vehicle and tapped on the window while your co-accused remained on the footpath.  Your victim wound down the passenger window and you began asking him questions about a red headed male and whether he lived in the street.  Your victim recalls that your temperament fluctuated between friendly and what he describes as ‘strange’. 
6	You then opened the passenger door of the vehicle and began taking your victim’s property.  You picked up items that were in the vehicle, including a computer hard drive and jewellery, stating words like 'this is mine now, that’s mine'.  Your victim asked you what you were doing and asked you not to touch anything.  Your victim had a satchel with a Johnnie Walker logo in the centre console of the vehicle.  You asked him what was in it, to which he replied, just his 'phone and smokes'.  You asked your victim to give them to you but he refused.  You then become aggressive and said, 'I’ll fight you for it'.  Your victim was in fear of you and stated that he did not want to fight, so he moved the bag to the passenger seat.  You then took the satchel which contained the victim’s Apple iPhone, Apple iPad, jewellery and money.  
Charge 2 - Carjacking
7	You continued to rummage through the vehicle.  You located a pair of wire cutters and stated to your victim that if he said anything to the cops, you would cut his fingers off.  You then located an axe in the vehicle and became even more agitated, asking the victim if he was going to use it.  You told your co-offender to sit in the rear seat of the vehicle and instructed him to 'blow his fucken head off if he tries anything'.  Your co-offender said to your victim, 'do what he says cause he will kill ya'.  
8	You and your co-offender began discussing that you would get your co-offender to drive you somewhere.   Your victim said that he was tired and didn’t want to take you.  Your co-offender told him to ‘just do what he says’.  At some point, your co-offender got out of the vehicle. You walked to the driver’s side of the vehicle and opened the driver’s door.  The victim had a green lighter on his knee and you leant in and took it.  You then reached in and grabbed your victim’s thigh.  Your victim tried to push you away.  You tried to grab the victim on his bicep but as he did not have a t-shirt on you were not able to.  Your victim was able to push you away and get out of the vehicle.  
9	You said words like, 'you want to go - do you, I’m going to fucken kill ya'.  Your co-offender said words like, 'don’t worry about it, let’s go'.   You got into the driver’s seat of your victim’s vehicle.  Your victim ran over to the passenger door which was still open and grabbed one of his children’s shoes.  You told the victim to shut the door.  You said, 'we’ll bring the car back, so don’t say anything to the cops, if you do, you’re dead'.  You told your co-accused to get into the vehicle.  He tried to get into the vehicle but you started the car and drove off, causing him to fall out.  
10	You drove up the street and turned right into White Street.  Your co-offender spoke to the victim, indicating that he would help him to find the car and not to call the police.  Your victim and co-offender walked up the street where they saw the car parked on White Street.  You then drove back towards the victim and your co-offender.  You told your co-offender and victim to get in the car.  Your victim refused.  Your co-offender got in the vehicle and you drove away.  
Summary Charge 5 – Resist Police
11	At around this time, police were called by a witness who heard a car speeding down the road and onto her driveway, before reversing out and leaving again.  A number of police vehicles responded to the call.  Police were flagged down by your victim in White Street, Mordialloc.  He told them that his car had been stolen, but did not want to make a report at this time.  Police spoke with you and your co-accused, but did not arrest you at first.  Later, you drove the vehicle back to the house at White Street, Mordialloc, and left it at this location. 
12	On the same night, your victim made a full report to police.  At 3:30 am, Police returned to the area and located the car at White Street.  The Police found you nearby, arrested you and conveyed you to Moorabbin police station.  Whilst under arrest, you resisted police and needed to be taken to the ground for safety and security.   You were found unfit for interview due to a combination of mental health issues and the influence of illicit drugs.  

Objective Gravity of Offending 
13	The objective gravity of your offending, particularly in relation to the two charges on the indictment, is reflected in the maximum penalties – being 15 years’ imprisonment on the charges of robbery and carjacking.  Your offending took place in the middle of the night and in the presence of your co-offender.  Your victim was alone and not known to either of you.  You used threats of violence and made threats against your victim’s life.  You also attempted to grab the victim and tried to coerce him into driving you and your co-offender around.  As a result of your actions, your victim was initially too scared to make a full report to police. 
14	It is a serious example of random violence for the purpose of acquiring goods, no doubt driven by your intoxicated state and the desire for means to obtain further illicit substances.  There was a high degree of threatening and terrifying behaviour in your conduct.  It is criminal conduct of great concern to the community.  It raises serious concerns as to your danger to the community.  It must be denounced in strong terms and I do so by the sentences I impose.  I have taken into account the traumatic impact such terrifying behaviour causes victims such as yours. 
Personal Circumstances 
15	You were born in Melbourne and grew up in Brighton and then East Bentleigh.  You recall being a happy and outgoing child and feeling loved by both of your parents.  You were the second of four children.  Your father worked at odd jobs.  I was told he was an alcoholic who also smoked cannabis and used amphetamines.  He also had schizophrenia, but never received any professional treatment for his condition.  Your mother never touched alcohol or drugs.  
16	Around the time you were 17 years old, your parents separated after a physical fight I was told, which you recall being the first time your father had ever hit your mother.  You recall your father trying to choke your mother and that you had to intervene so that your mother and your siblings could escape.  You continued living with your father because you felt responsible for him and did not want him to be left alone.  However, throughout your teenage years, you would often abscond from home for months on end. 
17	You struggled socially and academically at school.  Throughout your primary and secondary education, you describe yourself as being mischievous and often involved in fights.  Because of your inability to fit in with mainstream education, you were eventually moved to Caulfield Park community school.  Significantly, you reported to medical practitioners that at around age five you were molested in a park.  
18	At age 13, you first tried cannabis and smoked regularly from the age of 14.  At around the same time, you began binge drinking, but recall that it was never on a daily basis.  Your drug use since this time has been extensive and consistent.  At different stages, you have been a regular user of ice, benzodiazepines, GHB and various other substances.  Dr Zimmerman reports that while your substance abuse started in the context of stimulation-seeking, you came to develop dependencies.  There is an intimate link between your substance abuse and decline into criminality.  At around 12-years-old, you first interacted with law enforcement as a result of your involvement in the theft of motor vehicles with your older brother and friends.  You also recall breaking into houses and causing damage.  As a result, you spent time in youth detention, including at Baltara and Malmsbury.  While not the sole driver of your criminal history, your offending in your twenties and beyond has largely related to the need to fund your drug habit.  
19	Your work history is fragmented and in recent years, non-existent.  At age 15, you completed six months of a concreting apprenticeship which had been organised as a condition of your parole.  At age 17, you went on to do three years of an apprenticeship, which included TAFE attendances.  Sadly, you dropped out nine months before you would have completed your certificate.  You recall at this time in your life that you were managing a number of difficult relationships.  Your father was facing involuntary admission into a psychiatric ward for his schizophrenia and your girlfriend was experiencing issues at home and resorting to intravenous drug use.  
20	You subsequently found work as a boilermaker and worked in factories.  You completed certificates in construction, worked for your brother and did odd jobs including traffic management and scaffolding.  You worked on and off until you were imprisoned for five and a half years.  You have not returned to work since your release. 
21	Tragically, your younger brother died after falling asleep having taken medication.  You were imprisoned at the time and have struggled to come to terms with your loss.  You have a daughter, who was born when you were aged 21.  Your relationship with her mother ended when she was about eight.  Initially you obtained custody, but this was transferred to your mother who is now her sole carer.  At the time of your offending in January 2018, you had no stable accommodation and were using methamphetamine heavily.  
22	There have been concerns in relation to your psychiatric state over the years, perhaps due to your father’s illness.  Whilst mood instability has been noted as far back as 2012 the prevailing medical view is that you do not suffer bi-polar disorder.  Whilst you have screened positive for possible Acquired Brain Injury Dr Zimmerman notes there is no evidence of ABI and there was ‘no evidence of cognitive difficulties on cross-sectional interview’.  During your period of CISP bail, investigations were planned in relation to possible Acquired Brain Injury and also in relation to ADHD, but due to the difficulties associated with the pandemic and your ultimate breach of bail, those plans were not able to be brought to fruition.  Dr Zimmerman noted your dysfunctional childhood years, particularly from the age of 12 or so, and you reported to her that you gravitated towards 'homeless kids and kids from wrecked families' as you described it.  As I have noted this led to drug use from a young age. 
23	At paragraphs [131] to [133] Dr Zimmerman writes: 
I believe that there is a direct relationship between Mr Beatie's drug affected state and the offending behaviour.  He reported using ice heavily as well as MDMA, GHB and possibly alcohol on the date of the offending in January 2019.  He will have been less able to think through the consequences of his behaviour and to resist impulses as a result of consuming large amounts of drugs.  This is on top of probable cognitive deficits associated with using drugs heavily through his adolescence.  I note that adolescence is a key period in ongoing development of brain structure and function.  The adolescent brain is vulnerable to the effects of drug use and heavy exposure during these years.  It can deflect the normal course of brain development.  Changes can be long lasting and can affect learning, memory and reasoning.  Mr Beatie was increasingly using a range of drugs from the age of 12.  Deficits seen include memory, attention, executive function and inhibition.  It is likely that at the time of the offending, the effects of acute intoxication were acting on top of chronic cognitive difficulties in the areas of reasoning and impulse control.  As with much of Mr Beatie's offending, the offending in January 2019 had an acquisitive element, likely motivated by the desire to fund his substance misuse habit.  
24	You have a long and serious criminal history.  It is a history that is consistent with a long-standing illicit substance abuse problem, but it is also reflective of a propensity for violence when substance affected.  As I indicated at your first bail application before me, I suspected then, and do now, that your criminogenic drivers run deeper than drug addiction.  Instability and dysfunction in your early teenage years has propelled you into the juvenile justice system and soon after the adult jail system. 
25	You are clearly very vulnerable to addiction.  Dr Zimmerman states: ‘I believe that Mr Beatie has diagnoses of substance use disorders in relation to his multiple licit and illicit drugs since his early teens.’  
26	In the circumstances of the history I have referred to from your early life and the opinion of Dr Zimmerman which I have quoted, I am of the view that your subjective responsibility for descending into a lifestyle involving illicit substance use and criminality at such a tender age is far removed from that of an individual who travels that path at a more mature stage of life.
27	Other aspects of Dr Zimmerman's report were relied upon by your Counsel and I accept the following matters based upon Dr Zimmerman's opinions in her report.  She stated:
 In terms of prognosis, substance misuse disorders are not intractable conditions and engaging in treatment, identifying triggers for relapse and using counselling can assist in bringing a sufferer into remission.  
That is from paragraph 122.  
In the context of ongoing unstable accommodation and homelessness, Mr Beatie will find it difficult to remain free of drugs in the future.  Combined with the lack of wrap around supports that might be best provided in a case management style of service delivery, it is likely that Mr Beatie's future will continue to be plagued by the chaos of recent years.”  
It is positive that Mr Beatie indicates that he remains engaged in Narcotics Anonymous in prison and that a prescription of methadone appears to be assisting him manage cravings and distress.  If he is supported in obtaining and maintaining suitable stable accommodation, not short-term hotel placements, and is linked in with psycho-social supports, his likelihood of remaining drug free will be increased.  
That is from paragraphs 135 to 137.  
Mr Beatie's period in the long-term rehabilitation program at the Cottage appears to have been partly successful, with positive reports regarding his first six months.  Unfortunately, he then returned a positive urine sample, which he related to the stressful nature of rehabilitation.  Lapses are well recognised events on the road to achieve recovery from addiction as is highlighted in the widely used ‘Stages of Change’ model of addiction.  An individual might have relapses, periods when the addictive behaviour is taken up again, before abstinence is achieved.  
That is from paragraph 139 of the report and your counsel, Mr McQuillan, reminded me of a very experienced judge who has not been at this court for over 20 years who often made the point, which is well understood in the courts, that relapse is part of recovery.  
28	Dr Zimmerman went on and said that: 
institutionalisation is a long-term effect of prison that consists of a decreased ability to live independently and a loss of a sense of personal responsibility.  In tandem with growing institutionalisation and associated de-skilling, that Mr Beatie is at risk of – is the repetitive stresses confronted at release.  These stresses include the need to re-establish accommodation and find work, both of which are protective against further offending.  
That is from paragraphs 140 to 141.  There are other matters referred to by your counsel and relied upon from Dr Zimmerman's report that I also accept but will not reproduce in these reasons.  
Prospects of Rehabilitation: Progress on Bail
29	When you first came before me for a bail application in June 2020, you were facing serious charges, the charges before me but also another charge which carried a mandatory non-parole term.  The prospect of you becoming institutionalised was apparent based on your history and your presentation, and the matters before me on that application.  
30	On 9 June, I bailed for you to reside with your father in Bendigo as I recall it, and I recall expressing some trepidation about the risk you posed.  I revoked bail on 15 June due to the difficulties your father was experiencing by your presence. 
31	You applied for bail again on 21 August last year.  In the interim, your trial date had been vacated due to the pandemic.  The application in August last year was based upon you undertaking residential rehabilitation at the Cottage in Shepparton.  There were two instances of breaches concerning methylamphetamine use.  The last was referred to by Dr Zimmerman.  I was asked to revoke your bail, but did not, as it was clear you were really trying to succeed on bail, and the Cottage had not abandoned you, effectively, and continued to assist you and support you, and I refer to their letter dated 11 February containing a report on your commitment to your recovery from substance abuse during your six months or so in that program.  
32	I want to add that it was entirely appropriate of the prosecution to seek the revocation of bail.  I expected those breaches to be brought to my attention for my consideration by way of an application for revocation, as it was important that you be supervised whilst on bail.  
33	 I want to also commend the Cottage program.  I was not familiar with the Cottage program before your engagement in their program and it is apparent to me that those who run the Cottage program provide a very useful and effective service. I will not reproduce in these reasons the report from the Cottage, but I have relied on it and accept the matters contained therein.  I accept that you have continued with Narcotics Anonymous in the community and in prison.  
34	Your matter ultimately resolved on the more serious charge which had been heading to trial, and you pleaded guilty before me on 28 May of this year.  You exited the Cottage program mid-February of this year and then in various forms continued on bail supported by the CISP program involving regular monitoring.  The CISP bail you were on promised significant structure including mental health and drug counselling support.  As part of your progress on the CISP bail program, I received regular reports and saw you approximately every month.  Each of those reports has been exhibited on your plea and contains important information in relation to the supports that were provided to you, but also the efforts you made on that structured program.  
35	Ms El-Achkar, your bail supervisor, worked extremely hard through extraordinary and difficult circumstances to access the services you needed.  You have complex needs.  You need support regarding alcohol and drug dependency, mental health, housing in particular, family relationships and gainful employment.  It was noted in many of the reports that you had demonstrated a commitment to your rehabilitation, but also acknowledged that you required ongoing support, that you did have complex needs, and that given the length of time you had spent in custody in your life and given your drug problems, you have great difficulty transitioning to the community and do require considerable support in that transition.  
36	There was a plea hearing set for 29 July of this year.  There was an application made by your representatives to adjourn that matter for an unusual length of time until November in order to obtain a report from Dr Zimmerman.  It was not possible to get a report from Dr Zimmerman earlier.  I was concerned about your ability to remain on bail unsupported for such a significant length of time given your exit from the Cottage, but the CISP bail program, as I have indicated, provided significant structure and support.  I am satisfied that, for the most part, you did your best to work on your issues throughout that time on CISP bail.  
37	When the lockdowns commenced in July and August and continued on, I was concerned about your access to supports.  I noted the same at every progress report hearing.  Before the end of the lockdown you were living alone, in a city hotel or apartment, unable to leave save for the essential reasons we were all subjected to at the time, but you were extremely vulnerable to relapse in those circumstances and that was a matter that was discussed at length with 
Ms El-Achkar at the bail progress hearings.  You continued to appear at those hearings, often through difficulties, appearing remotely of course, which was the only option at the time, but face to face counselling and medical appointments, mental health interactions, were not possible for you at that time, and of course the normal social interactions were non-existent.  
38	I will not reproduce the final CISP report other than noting that I have read all the reports, including the final report, and it is clear that you breached in the sense that you were remanded.  I have been provided a summary of the matter for which you were remanded.  The allegation is a serious one.  It is a serious charge.  I have been told that you intend to contest it.  Beyond that, the significance of that allegation is that it is another factor that I must consider and take into account when I am assessing the risk you pose to the community and the appropriate sentence of you in your case.  That history of bail that I have set out since August last year involves of course a significant part of residential rehabilitation, but also a significant period of supervised, structured bail.   
39	You have been either in prison, in residential rehabilitation, or under the supervision of this court on bail, for almost three years.  On remand, prior to entering bail last year, you had also demonstrated a willingness to rehabilitate by your participation in programs, the certificates of which were tendered on your plea, and remaining drug free I was told, and there were urine screens provided in support of that submission.  I am satisfied that the past three years have been a period in your life where you have genuinely endeavoured to work on yourself and rehabilitate.  Your progress has not been without falter, but I am satisfied your commitment has been genuine, and you have tried.  
40	As I said on the last occasion, those efforts have not been for nothing.   You get credit for the efforts you have made on bail.  They are taken into account, and also this court recognises the onerous nature of aspects of that period, in particular the residential rehabilitation and the structured bail.  The progress you made also informed my view as to your prospects of rehabilitation, and these matters will be reflected in the sentences I impose. 
41	Whilst I am still somewhat guarded as to your prospects, your efforts on bail justify some hope that you can break the cycle of addiction and re-offending.  In addressing the factors that I must in sentence, I have also taken into account, as I have touched on earlier, the fact that your descent into illicit substance abuse and criminal behaviour commenced at a very young age.  Given your lengthy history, in combination with the progress of the past 12 months, despite the obvious setbacks and the concern about the charge for which you have been remanded, I am of the view that some leniency and mercy can be extended in your case to try and seize again the opportunity of what perhaps was a watershed moment in your trajectory when you were admitted to bail.  
42	I had you assessed for a Community Corrections Order.  I had you assessed despite the matters raised quite rightly by Mr Buckland on behalf of the prosecution as to the nature of the offending, your history and the prosecution's submission that a head sentence with a non-parole period was an appropriate sentence.  That submission was reinforced and had significant support in the form of s 5(2)(h) of the Sentencing Act, which provides for a category offence, which charge 2 is.  I cannot give a combination sentence.  It must be a gaol sentence, a gaol sentence that is not a combination sentence.  Mr McQuillan submitted that that limitation on the section did not prevent a straight gaol sentence being imposed on charge 2 and a CCO on charge 1.  
43	Mr McQuillan made it clear that there was no submission to be made or argument to be made that the circumstances that excluded the strict operation of s 5(2)(h) were made out.  Part of Mr Buckland's response – and I am paraphrasing – was to the effect that such a course of action might not be strictly in conflict with s 5(2)(h) but it is certainly not in the spirit of it.
44	Having considered the matter carefully in relation to s 5(2)(h), I have come to the view that the very strict nature of the provision, which prohibits, unless any of the exclusionary circumstances are made out, a combination sentence for a 
category 2 offence- even in circumstances where the sentencing judge might think it is entirely appropriate.  its strictness should not be extended beyond the literal meaning of the section itself.  I should not broaden the interpretation of that section if I am of view that a Community Corrections Order would provide a greater opportunity than a period of parole to address your transition to the community.
45	I had you assessed for a CCO and unsurprisingly, Corrections have assessed you as unsuitable.  I say unsurprisingly because you have a history of failing on corrections orders, a significant history of failing on corrections orders.  They have also assessed you as high risk of re-offending and that is not surprising either given your history.
46	What I have had the opportunity of witnessing, however, is despite your personality difficulties and your drug addiction issues that go right back to the age of 12 or 13, you have made a significant effort.  I have seen you abide by strict programs of residential rehabilitation and the less strict, but more structured, CISP bail, not overlooking of course that you ultimately failed on that and breached it, but for a substantial period of time, you did participate satisfactorily and engage satisfactorily.  So I have some confidence that you are at a point in your life where you will not try and beat the system. You will not try and evade your responsibilities and slip back into deceptive behaviours, drug addiction and ultimately re-offending and breach.  
47	There is some prospect in my view of you having the attitude that, if you are released on a CCO, you will embrace the opportunity and try and access all the mental health and drug supports, treatment programs and continue on the path that you had set off on since August last year.  That does come with some risk given your history.  If you consent to such an order, I will remind you of course at the appropriate time of the consequences of that breach if you were to breach it.  
	Other Factors in Mitigation
Plea of Guilty
48	I have taken into account your plea.  It has significant utilitarian value in the context of the pandemic.  I also accept it is reflective of your acceptance of responsibility, some contrition and some remorse. 
Impacts of COVID-19
49	Your experience in custody during the COVID pandemic and the more restricted nature of that and the difficulties associated with custody during the COVID era are other matters I also take into account.  
Parity
50	I also take into account parity.  Your co-offender pleaded guilty to robbery and theft of motor car arising out of the same incident and after an appeal to this court, was sentenced I have been told to 200 days' imprisonment combined with a CCO involving 200 hours.  
Other Sentencing Considerations 
51	Coming back to the gravity of the offending, it is serious offending and general deterrence is an important sentencing consideration.  So too is specific deterrence, particularly given your history.  So too is community denunciation and I have set out the serious aspects of the offending.  Nevertheless, as I have said, it is also in the community's interest if you can transition to the community and rehabilitate, and in those circumstances, I sentence you as follows.  
Sentence
52	On charge 1, the charge of robbery, I sentence you to a two-year CCO that will involve 100 hours of community work, drug treatment and rehabilitation alcohol treatment and rehabilitation condition, mental health treatment and rehabilitation condition, programs to reduce re-offending, supervision.  I am also going to impose a curfew for at least the initial period.  The curfew will be 11 pm at night until 5:30 am in the morning.  I am going to have a judicial monitoring of that order at which time I will consider removal of the curfew if you are stable and well-established, and I will set down that date for a morning in March.    
53	In relation to charge 2, you are sentenced 22 months' imprisonment.  I declare that – I might just need an update on days, Mr Buckland or McQuillan.  
54	MR BUCKLAND:  612 days, Your Honour.  
55	HIS HONOUR:  I declare that you have served 612 days – sorry, before I come to the declaration - - -
56	In relation to the relevant summary offence of resist emergency worker, I sentence to you three months' imprisonment concurrent with the 22 months' imprisonment imposed on charge 2.  In relation to charge 2, I also make an order against your licence.  Your licence is cancelled and disqualified for a period of 12 months.  
57	I declare, pursuant to s 18 of the Sentencing Act, that you have served 612 days pre-sentence detention.  
58	Pursuant to s 6AAA of the Sentencing Act, had you not pleaded guilty to this matter, I would have sentenced you to a total effective sentence of four and a half years' imprisonment with a non-parole period of three years.  
59	HIS HONOUR:  Now, are there any other orders?  Was there any forfeiture order?  
60	MR BUCKLAND:  Your Honour, there was two matters.  One is – and these were referred to in the opening, Your Honour, or in part – one of them was simply the s 89(c) order sought by the Crown in relation to basically his being affected by drugs or alcohol when the offence committed.  
61	HIS HONOUR:  Sorry, can you just say that again.  
62	MR BUCKLAND:  There was an order sought – and I might just refer to the opening - - - 
63	HIS HONOUR:  That I say that - - - 
64	MR BUCKLAND:  Yes.  
65	HIS HONOUR:  - - - (indistinct words) will require
66	MR BUCKLAND:  Finding that the offence was committed whilst the offender was under the influence of alcohol or a drug or both which contributed to the offence.  
67	HIS HONOUR:  All right.  I make that finding.  
68	MR BUCKLAND:  Thank you, Your Honour.  
69	HIS HONOUR:  Yes, I make that finding.  
70	MR BUCKLAND:  Now, there was also reference to a – and I'm not certain when exactly this may have been provided to Your Honour – but there was referred to a compensation order to be advised and I can't remember what was mentioned last time, but I do see a draft compensation order on my brief, so I'm assuming we did provide that on the last occasion, but that's a matter for 
Your Honour.  
71	HIS HONOUR:  I don't recall any discussion about that.  Mr McQuillan, was there any - - - 
72	MR McQUILLAN:  I don't either, Your Honour, and I did just as a courtesy indicate to my learned friend that I'd – if I had been told about that I'd forgotten about it but I remember it.  
73	HIS HONOUR:  Yes, I don't – I had just better check my documents before I say that, but I'm not sure it's been filed.  
74	MR BUCKLAND:  I just found it on my brief, Your Honour.  Oddly it's dated the day before my opening which was 8 July so I assume I was provided it but I can't remember I have to say.  The last time – whenever I mentioned it - - - 
75	HIS HONOUR:  Hang on, there is something filed, yes, sorry.  It has been filed.  
76	MR BUCKLAND:  That's obviously a matter for Your Honour.  
77	HIS HONOUR:  Yes, no, look, Mr McQuillan, the order has been filed and I've simply overlooked it.  Do you have anything to say about the compensation order?  
78	MR McQUILLAN:  I'm just wondering – I'm looking at my learned friend's computer – what it's for.  
79	HIS HONOUR:  It's for Jarrad Ray in relation to the matters that were stolen.  
80	MR McQUILLAN:  Well, my understanding was that all of the matters that were stolen, the car and all the items in the car, were recovered by the police when my client was arrested.  
81	HIS HONOUR:  What I'll do is I won't make the order.  It can be adjourned, 
Mr Buckland, and if the prosecution can speak to Mr McQuillan about it and if it's by consent I'll make it otherwise we'll have to set it down.  
82	MR BUCKLAND:  Yes.  
83	HIS HONOUR:  All right.  Now, the judicial monitoring, I'll make it for 9:30 on 2 March.  Do you consent to that Community Corrections Order, Mr Beatie?  
84	OFFENDER:  Yes, I do.  
85	HIS HONOUR:  All right.  Now, what I must tell you is that you've got an effective term of 22 months' imprisonment with pre-sentence detention of 612 days.  Now, not a relevant matter for me, but it may well be that there's day administratively deducted from your sentence in any case by – I expect there probably would be – by Corrections based on emergency management days.  I don't expect that it would be this side of Christmas.  It's difficult to say when you will be released on the Community Corrections Order, but it's important obviously once you are, that you – and you'll get the documentation – that you report where you need to report to and that you engage from the outset.  
86	I recommend that Corrections pursue the Caraniche High Roads program, but as is made clear in the assessment report, they'll only take you if your drug treatment and rehabilitation professionals under Corrections refer you there.  So other than me recommending that that be done and hoping that that's done soon into the Corrections order, I simply note that you'll need to engage with a fairly detailed set of conditions.  Community work, treatment and rehabilitation programs, mental health – sorry, Mr McQuillan, yes?  I thought you wanted to say something.  
87	MR McQUILLAN:  Just adjusting.  
88	HIS HONOUR:  Just adjusting, yes.  I've got a curfew as well there.  It's strict for a reason, because you do need support transitioning back to the community, but it's important that – not just for your rehabilitation but for the community protection - that when you are released from custody – and this was my thinking in relation to the Corrections report, because even the same applies to being released on parole.  When you are released, you need structured support to transition.  Now, a fair bit of it's up to you.  A lot of it's up to you.  And you had that experience of going through the CISP bail and then having to come back to me on remand and we won't go over all of that again, but I have to make this very clear – this is a lenient and merciful sentence.  
89	If you breach the Community Corrections Order – if you breach it by not complying or you breach it by re-offending, you'll be back before me and given everything I've said in these sentencing remarks and given your history, it's almost certain it'll be a head sentence and non-parole period and a resentencing exercise.  So it's up to you in that sense.  You've got the opportunity.  You will get the opportunity.  And the order will be sent out to you for your signature but you've given your oral consent to it and I'm sure 
Mr McQuillan or Mr Barisi will explain it further to you.  All right, is there anything else I need to cover, Mr Buckland?  
90	MR BUCKLAND:  No, I think that covers it, thank you, Your Honour.  
91	HIS HONOUR:  All right.  I'll adjourn the compensation application to 2 March also but hopefully it can be sorted out one way or another in the meantime.  
92	MR BUCKLAND:  As Your Honour pleases.  
93	HIS HONOUR:  All right.  Good luck, Mr Beatie.  
94	OFFENDER:  Thank you.  
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