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

CR-22-01426
CR-22-01427

DIRECTOR OF PUBLIC PROSECUTIONS		
		
v		
		
WILLIAM KODITUWAKKU and MAHMOUD SOLIMAN		

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JUDGE:	HER HONOUR JUDGE GWYNN	
WHERE HELD:	Melbourne	
DATE OF HEARING:	20 September 2022	
DATE OF SENTENCE:	8 November 2022	
CASE MAY BE CITED AS:	DPP v Kodituwakku & Anor	
MEDIUM NEUTRAL CITATION:	[2022] VCC 1997		

REASONS FOR SENTENCE
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Subject:		Criminal Law
Catchwords: 		Armed Robbery, Attempted Armed Robbery, Attempted Robbery, Possess Drug of Dependence 
Legislation Cited:		Sentencing Act 1991
Cases Cited:		Worboyes v The Queen [2021] VSCA; R v Verdins & Ors (2007)
16 VR 269. Azzopardi; Baltatzis; Gabriel (2011) 35 VR 43
Sentence:	Kodituwakku: convicted and fined an aggregate of $1,000 and convicted and sentenced to be detained in a Youth Justice Centre for a period of 16 months. 172 days reckoned
Soliman :  convicted and fined the amount of $750 and sentenced to 20 months' imprisonment. 196 days reckoned 

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APPEARANCES:
	Counsel	Solicitors	
For the DPP	Mr. W. Drent	Office of Public Prosecutions	
			
For the Accused Kodituwakku	Ms. M. Greener 	Emma Turnbull Lawyers Pty Ltd	
			
For the Accused Soliman	Ms. S. Buckley 	Chris McLennan & Co.	

HER HONOUR:

1	William Kodituwakku, you have pleaded guilty on indictment to charges of armed robbery and attempted robbery.  You have also pleaded guilty to two related summary offences - those being committing an indictable offence whilst on bail and contravening a conduct condition of bail.
2	Mahmoud Soliman, you have pleaded guilty on indictment to charges of armed robbery, attempted armed robbery and possessing a drug of dependence 
– namely methylamphetamine.  You have also entered a guilty plea to a related summary offence of committing an indictable offence whilst on bail.
3	In sentencing each of you for your crimes, I must have regard to the maximum penalties for the offences you have each committed.  Those maximum penalties are as follows: 
•	Armed Robbery - 25 years imprisonment; 
•	Attempted Armed Robbery - 20 years imprisonment;  
•	Attempted Robbery - 10 years imprisonment; 
•	Possess drug of dependence -, the maximum penalty where I am not satisfied on the balance of probabilities that your possession of the drug was for any purpose relating to trafficking, is one of one year's imprisonment, otherwise it is five years imprisonment; and
•	Bail offences - the maximum penalty is three months imprisonment.  
4	In addition, the offence of armed robbery is a category 2 offence under the Sentencing Act 1991 where the offence was committed in company with one or more persons and therefore pursuant to s5(2H), I am required to impose a sentence of imprisonment for that charge which cannot be in combination with a Community Corrections Order, unless one or more of the exceptions in that section apply.  
5	The circumstances of your offending were set out in a document entitled 'Prosecution Opening upon Plea' dated 16 September 2022.  This is an agreed document and represents your acceptance of the elements of the offences to which you have pleaded guilty, as well as the factual basis on which I am to sentence. 
The offending 
6	In short compass, at the time of your offending you each knew each other from living on the streets.  You, Mr Kodituwakku, were aged 19 years, and you, Mr Soliman, were aged 27 years.
7	On 3 May 2022 you, Mr Soliman, were seen on CCTV camera meeting with Mr Kodituwakku at around 1:19 am between Hay Place and Katherine Place in the city.
8	At 1:25 am you both approached and then stopped Zacc Cox, Ryan Kearney and Lachlan Hamilton in Flinders Lane.  Each were aged 18 years. 
9	You, Mr Soliman, questioned the group as to whom had stolen your scooter.  None of the young men knew what you were talking about. 
10	You, Mr Soliman, told Mr Cox to give his mobile phone number to Mr Kodituwakku, which he did.  You, Mr Kodituwakku, then asked Mr Cox and Mr Hamilton if they had any money.  They each told you that they did not.  You, Mr Kodituwakku, then asked, 'If I check you, you won’t have cash?'  At this point you, Mr Soliman, lifted your jacket to reveal the handle of a machete tucked into the waist band of your pants.
11	You, Mr Soliman, removed the machete from your pants and demanded Mr Kearney's identification and started to poke him with the top of the machete blade.  Mr Kearney believed that he was going to be stabbed.  You said, 'Give me your wallet' to Mr Kearney several times and he provided his wallet to you, Mr Soliman.  These facts form the basis for Charge 1 for each of you – armed robbery.
12	You, Mr Kodituwakku, then stepped closer to Mr Hamilton and said, 'Give me your jacket'.  You started to unzip Mr Hamilton's jacket whilst you, Mr Soliman, approached Mr Cox and told him to take off the gold chain that he was wearing around his neck.  You were still holding the machete.  
13	You, Mr Kodituwakku, took Mr Hamilton's jacket from him just as two police members pulled into Flinders Lane in a divisional van.  You both then ran from the scene.  You, Mr Soliman, did not get the chance to take Mr Cox's necklace, forming the basis for the charge of attempted armed robbery.  You, Mr Kodituwakku, dropped Mr Hamilton's jacket, forming the basis for Charge 3 - attempted robbery.
14	The complete incident was caught on CCTV camera.
15	Police members stopped you, Mr Soliman, by the use of a taser.  A search of a satchel in your possession revealed four snap lock bags containing a miniscule amount of methylamphetamine, forming the basis for Charge 4 – possess a drug of dependence.
16	You, Mr Kodituwakku, were located by police hiding in a dumpster.  You ran but were located shortly thereafter.
17	Police recovered the machete as well as cards and the driver's licence belonging to Mr Kearney. 
18	When interviewed by police you, Mr Kodituwakku, answered ‘no comment’ as is your right. 
19	You, Mr Soliman, were assessed as being unfit for interview.
20	You were each on bail at the time, forming the basis for your respective summary charges of committing an indictable offence whilst on bail.  Your bail conditions, Mr Kodituwakku, included a requirement that you remain at your place of residence between the hours of 9 pm to 5 am.  You were in contravention of this condition given the time and location of your offending. 
Victim impact and offence gravity 
21	I turn now to victim impact and offence gravity. 
22	In terms of the charge of drug possession I am not satisfied, given the description in the opening, that it was related to anything other than your own use Mr Soliman.  This charge is of lesser concern than the others to which you have entered your plea and is reflective of your lifestyle at the time.
23	Each of you had failed to abide by court orders in relation to bail.  This shows a disrespect for court orders. Section 16(3C) requires that “every term of imprisonment imposed on a person for an offence committed whilst released on bail in relation to any other offence or offences must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.” 
24	The most serious charge, faced by you both, is obviously that of armed robbery.  
25	Whilst no victim impact statements have been filed, I have little doubt that this event would have been frightening for your three young victims.  Mr Kearney had personal property taken.
26	Your charge of attempted armed robbery, Mr Soliman, and your charge of attempted robbery, Mr Kodituwakku, was part and parcel of the one incident.  
27	Whilst I accept that the offending appears to be relatively spontaneous and short lived, the machete used was a significant weapon which was used in a threatening manner whilst you, Mr Soliman, were under the influence of ice and had the assistance of another, being Mr Kodituwakku.  It is an aggravating feature to your role in this offence, Mr Soliman, that the machete was used to make direct contact with Mr Kearney.  You were operating under the erroneous belief that your victims had stolen your scooter, which of course in no way excuses your offending or what ultimately did unfold.
28	I accept however, overall, the offending committed by each of you was not at the higher end for offences of their type.  It was certainly relatively unsophisticated, but clearly not without its impact.
Plea of guilty
29	The Sentencing Act obliges me to take into account the stage at which you entered your guilty pleas.
30	Each of your matters resolved at the committal mention stage.  Your pleas are each conceded to be a plea at an early opportunity and I accept this is so. 
31	There is clear value in saving witnesses of the need to give evidence, and in saving the community the time and expense of contested criminal proceedings. 
32	Your decision to plead guilty in the context of the COVID-19 pandemic has additional utilitarian value as it does provide certainty and finality to all parties in circumstances where the court's operations were significantly disrupted and many trial dates are yet to be fixed.
33	In the decision of Worboyes v The Queen [2021] VSCA 169 at paragraph [39], the Court of Appeal said:
“A plea of guilty entered during the currency of the COVID-19 pandemic is worthy of greater weight in mitigation than a similar plea entered at a time when the community and the courts are not afflicted by the pandemic's effects.  A plea of guilty during the pandemic ordinarily should attract a more pronounced amelioration of sentence than at another time…”
34	You have each taken responsibility for your offending, and I do accept that each of you are remorseful for it.
35	These factors will be taken into account in your favour. 
Personal circumstances - Kodituwakku
36	I turn now to the personal circumstances of Mr Kodituwakku. 
37	You are now aged 20 years and, as already outlined, were 19 at the time of the offending. 
38	You were born in Melbourne and have lived in Australia, Malaysia, and Sri Lanka during your childhood on account of your father's employment in the 
Australian Army.  Your father is Sri Lankan in origin.
39	You have two younger brothers aged 18 and 8 years.
40	Your childhood was tumultuous and marred by frequent exposure to domestic violence.  Your father reportedly abused alcohol and was physically abusive towards your mother - which you were unfortunate to witness.  On occasion you would intervene to try and protect your mother.  
41	It would also appear from the materials before me that your mother suffered a severe mental illness which I accept would have added to the stress of the home environment.
42	You recall at least two occasions of having to leave the family home for a refuge together with your mother and two younger brothers in order to escape your father's violent behaviour.  On an occasion you were also beaten by your father.
43	You attended multiple secondary schools in various locations, including an international school in Sri Lanka.  You finished your education prior to completing Year 10.  I accept that it would have been difficult to find stability given the circumstances in the family home, moving to refuges before then again returning home; regular changes in location which, in turn, also impacted your education and an ability to form friendships or otherwise supportive relationships. 
44	On leaving school you worked as a roof tiler for approximately five months.  
45	You began drinking alcohol socially at age 16 years which led to problematic drinking by the time you were aged 19.  You also began smoking cannabis when aged 15 years but stopped daily use when aged 19 years after an episode of drug induced psychosis.
46	When you were 16 years you were sent to Australia from Sri Lanka on your own by your father after you began retaliating to the violence you were experiencing in your family home and were asked to leave.  You spent time in a boarding house and with an uncle and aunt but this was not long term. 
47	Child protection services became involved and you resided with foster parents until you turned 18 years of age.  You were then exited from the foster care system, and it appears you were particularly vulnerable and experienced homelessness, spending periods of time couch surfing or living in abandoned houses and refuges.
48	I accept that these are an extremely difficult set of personal circumstances occurring to you from a very young age which would impact your emotional and psychological wellbeing.  I do take into account those unfortunate aspects of your upbringing in that general sense. 
49	At the time of the offending before me you were homeless and using alcohol to excess.  You believe that had you been sober, you would not have offended.  
50	Tendered on your behalf is a report authored by Ms Gina Cidoni, psychologist, dated 9 September 2022.
51	Ms Cidoni described you as 'often sad, empty, and lonely, there are some deep and frustrated longings for social acceptance”. You have low self-esteem and 'experience levels of anxiety that are persistent and are a prominent part of your overall state of distress'. 
52	She was of the opinion that you likely had a diagnosis of post-traumatic stress disorder connected to your childhood; ADHD, and major depressive disorder.  These conditions were present before your resort to alcohol and likely explain that resort.  You were also diagnosed with an alcohol use disorder - which perhaps comes as no surprise.  
53	You do struggle to manage your symptoms in custody.  Ms Cidoni opines that your 'mental illness means that [you are] impulsive, and easily activated which leads to tensions and distress that would weigh more heavily upon [you]'.  I am prepared to take this difficulty into account to a limited extent as a factor which does make the prison experience more burdensome for you.
Prospects for rehabilitation – Kodituwakku
54	In terms of your prospects for rehabilitation, Mr Kodituwakku, you have no prior criminal history.  As has already been referred, you were only 19 years of age at the time of this offending. 
55	In a decision of Azzopardi; Baltatzis; Gabriel (2011) 35 VR 43; at [34]-[36] Redlich JA made clear the reasons to prioritise youth as a sentencing consideration.  These include that:  
(a)	Young offenders are immature, and may not fully appreciate the nature, seriousness and consequences of their criminal conduct;
(b)	It is recognised by the courts the increased potential for young offenders to be rehabilitated, which is in the public interest; and 
(c)	Incarceration can impair, rather than enhance, a young offender’s prospects of rehabilitation.
56	I accept that these considerations all have application to your case.  
57	Whilst there are occasions on which the sentencing principles as they relate to youth can take a 'back seat', this is not one of those cases and your youth should be given both proper consideration and proper weight in the sentencing mix; indeed some primacy in it.  Arguably, the community is better served, indeed better protected by steering young offenders away from a life of crime than otherwise risk contamination through the adult jail system.
58	Your obvious immaturity at the time of your offending, combined with your traumatic background, allow for some reduction of your moral culpability. 
59	In terms of the chronology of this matter you were remanded into custody on 
3 May 2022 and were granted supervised bail on 30 May 2022.  You were 
re-remanded on 22 June 2022 with allegations of further offending and have remained in custody since that time.  You have a number of matters pending in the Magistrates' Court.  This chronology raises obvious concern about your future prospects and an ability to abide by court orders.  
60	Hopefully this is a reflection of your youth and immaturity and the more recent and lengthier period of remand may act as a mechanism to deter you from offending in the future. 
61	Ms Cidoni was of the opinion that your general risk of reoffending was moderate but would be reduced if you abstain from alcohol, find stable housing and necessary psychological support.  I encourage you to do each of those things.
62	Each of your parents remain supportive of you.  You intend to reside with your father upon your release from custody.
63	You presently have an interest in obtaining a plumbing apprenticeship.
64	If you can get the help you obviously need, stay away from alcohol and maintain your interest in employment, your future prospects can probably be described as good. 
Personal circumstances - Soliman
65	I now turn to your personal circumstances, Mr Soliman. 
66	You are currently aged 27 years.  Your parents are each of Syrian background but you were born in Australia.  You have an older sister aged 28 years and a younger sister aged 22 years.
67	When aged seven years your father was sentenced to a significant term of imprisonment.  Your mother then travelled to Syria to stay with relatives, taking you and your sisters with her.
68	Whilst in Syria, and aged only eight years, you were sexually abused by a male relative.  You disclosed this to your mother but cultural and family pressures meant that you were encouraged to keep quiet about the abuse and to simply avoid the perpetrator.
69	After three years your family returned to Australia, relocating to Liverpool, Sydney, with your paternal grandparents.  When aged 12 you, your mother, and siblings moved to Reservoir in Melbourne.
70	Your father was released on parole about two years later and returned to the family home. 
71	You had a fractious relationship with your father, who has been absent for much of your life and is a drug user.  He was again incarcerated in 2019, at which time you cut all ties with him.
72	I accept that there were also some extremely difficult aspects of your upbringing, which I do take into account in a general sense. 
73	This context has also meant that you have attended schooling in Syria, Sydney, and Melbourne.  To your credit you did complete a Year 12 education at 
Lalor Secondary College.
74	Whilst completing Year 12 you worked part-time with two of your uncles as a concreter's labourer.  You continued in this field upon leaving your education and have attained a number of industry certificate qualifications.
75	You had a close relationship with an uncle until about four years ago.  You chose to disclose to him your earlier childhood sexual abuse.  This was then shared with other family members which you saw, understandably, as a betrayal.  You were ashamed and embarrassed, and this affected relationships with other family members.
76	As a result, you left the family home in 2018 and came to use and abuse drugs, primarily the drug 'ice'.  You ceased work at this time.  
77	In the lead up to the offending you were homeless, substance dependent and alienated from family and your Islamic community.  Living on the streets, you instruct that you kept a machete with you as a means of self-protection.
Prospects for rehabilitation - Soliman
78	You also have no prior criminal history and have clearly entered the criminal justice system at a somewhat later stage.  You have remained on remand since your arrest. 
79	I accept that each of your periods of remand - two for Mr Kodituwakku, and one continuous period for Mr Soliman - have mostly been during the Corrections response to the Covid 19 pandemic where, in general terms, there was less access to freedom of movement within the respective prisons and less access to therapeutic and educational programs.  Personal visits were restricted and prisoners were required to quarantine on reception.  I accept that these circumstances make the remanded and indeed, sentenced prisoner experience more burdensome than it would otherwise be. 
80	The time spent by each of you in custody has some role to play already as both a sanction and a deterrent for the future. 
81	For you, Mr Soliman, this time in custody has resulted in some resolution in your own thinking as to your future direction.
82	Importantly you are now in frequent contact with a number of family members, including your mother, older sister and cousins.  There has been repair within the family.  This group now provides a support base for you and is a significant motivator for a more positive lifestyle.  
83	Your cousin, mother and younger sister have all provided references.  Your cousin, Kodah Soliman, speaks of his contact with you whilst you have been on remand and the regret you expressed for your behaviour.  He sees your imprisonment as a 'wake-up call'.  Your mother, Lena Soliman, speaks of her desire to have you return home and offer her assistance.  Your sister speaks in similar terms and describes you as having a soft heart and as a most caring person.  I have taken the contents of these references into account, which stand in stark contrast to your behaviour in May of this year.  
84	You intend to return to family upon your release from custody.
85	You have expressed remorse for your offending.  You have also written a letter to your victims detailing what has happened in your life and your regret for your offending.  You show insight for it. 
86	You do have other criminal charges to be dealt with in the Magistrates' Court which are to be finalised on 24 November 2022. 
87	Tendered on your behalf was a report authored by Mr Ian McKinnon, psychologist, dated 14 September 2022.  Mr McKinnon opines that you meet the criteria of complex post-traumatic stress disorder associated with the abuse you suffered during your formative years, and exacerbated by the rejection and persecution which you experienced from some family members. 
88	This background appears to set the context for your resort to drug use and the circumstances in which your offending unfolded.  You also suffer from a substance use disorder.  In the two weeks prior to your offending your grandmother died after suffering from cancer and your family prohibited you from attending the funeral, exacerbating your drug use at that time. 
89	Your counsel does not call into your aid the principles of 
R v Verdins & Ors (2007) 16 VR 269. 
90	Mr McKinnon observes that you appear to have benefited from your time on remand to date.  You have firstly obtained abstinence from drugs and, in his opinion, your complex post-traumatic stress disorder appears to have ameliorated significantly. 
91	Mr McKinnon further observes that you present with an improved mental and physical state and that you are highly amenable to therapeutic and rehabilitative intervention.  According to Mr McKinnon, you possess 'a good level of innate functional intelligence and a considerable determination and potential for making rehabilitative progress.  You, Mr Soliman, present as being willing to seek and accept professional assistance.  
92	Your prospects of rehabilitation also appear contingent on you getting some assistance for the traumas of your past, and treatment for your substance abuse; otherwise, at this point in time your prospects appear to be reasonable.
93	You have the benefit of your education and work history prior to 2018.  You believe you can again obtain work within the family context. 
94	Overall, there seems to be some basis to lessen the weight to attach to both specific deterrence and protection of the community for each of you, albeit these principles still have a role to play in the sentencing exercise.  
Parity
95	The parity principle demands that any sentence imposed reflects differences in the culpability and personal circumstances of co-offenders, and avoids unjustifiable differences in co-offender sentences. 
96	As referred to earlier you, Mr Soliman, were 27 at the time of the offending and are charged with a more serious set of offences which occurred in more serious circumstances arising from the events of 3 May 2022.
97	Mr Kodituwakku is properly described as a young offender, being only 19 years of age at the time of the offending, and the relevant sentencing principles apply which are not available to Mr Soliman.  Mr Kodituwakku, you are able to avail yourself of the Youth Justice System. 
98	There is a basis for some differentiation in the sentences to be imposed, although the parity principle still has some role to play. 

Sentencing submissions
99	As referred to earlier, the armed robbery committed by each of you was in company and is therefore what is described as a category 2 offence pursuant to the Sentencing Act 1991.  
100	Being so described, s5(2H) of the Sentencing Act requires the imposition of a custodial order for this offence unless circumstances set out in paragraphs (a) through to (e) of that subsection exist, either alone or in combination.  It is not contended on behalf of either of you that they do.  
101	For each of you, the Crown submit that the proper reflection of all relevant sentencing considerations can only be reflected in the imposition of a head sentence with a non-parole period.
102	On behalf of Mr Kodituwakku, it is submitted that given his youth, lack of prior history, and available supports, that a period of detention in a Youth Justice Centre is appropriate. 
103	On behalf of Mr Soliman, it is conceded that a gaol term should be imposed for the charge of armed robbery, but that the remaining charges could properly be the subject of a Community Corrections Order.  I had raised this possibility during the initial plea hearing as it did not appear to be prohibited by the provisions of s5(2H). 
104	Bearing these submissions in mind and in order to be better informed, I had each of you assessed as to your suitability for a Community Corrections Order and in addition I had you, Mr Kodituwakku, assessed as to your suitability for a 
Youth Justice Centre order. 
105	In an assessment outcome report dated 26 September 2022 you, Mr Soliman, were described as polite and forthcoming during the assessment.  You expressed considerable remorse for your victims, stating that you are sorry for what you put them through.  You were deemed a suitable candidate for a Community Corrections Order.  
106	A report was also sought from the Mental Health Advice and Response Service, which recommends a mental health component if a Community Corrections Order was to be imposed.
107	You, Mr Kodituwakku, were also described as polite and forthcoming in an assessment outcome report dated 26 September 2022.  You expressed remorse for your offending.  You were also assessed as suitable for a Community Corrections Order.  A mental health condition was recommended by the 
Mental Health Advice and Response Service. 
108	You, Mr Kodituwakku, are classified as a 'young offender' under the 
Sentencing Act, defined as 'an offender who, at the time of being sentenced, is under the age of 21 years'.  
109	Section 32(1) of the Sentencing Act requires that if a sentence involving confinement of a young offender is justified, a court may make a Youth Justice Centre order if it has received a pre-sentence report and either believes there are reasonable prospects for the rehabilitation of the young offender, or it believes that the young offender is particularly impressionable, immature, or likely to be subjected to undesirable influences in prison. 
110	In determining whether to make a Youth Justice Centre order, a court must also consider the nature of the offence, and the age, character, and past history of the offender.  I have already canvassed these matters. 
111	A pre-sentence report as to your suitability has been prepared.  To the assessor you expressed your remorse and shame for your actions.  You showed insight into the consequences of your offending.  You want to receive treatment for your mental health. 
112	You are assessed as suitable for a Youth Justice Centre order on the basis of both assessment criteria, and I accept that both have application. 
113	I am just going to check with each of you if there are any factual matters that you wish to bring to my attention. 
114	MS BUCKLEY:  No, Your Honour. 
115	MS GREENER:  No. 
116	HER HONOUR:  Mr Drent? 
117	MR DRENT:  Nothing from the prosecution, Your Honour. 
118	HER HONOUR:  Thank you.  I will make the proposed ancillary orders as foreshadowed for disposal of the drugs and forfeiture of the weapon located on Mr Soliman. 
Sentencing 
119	The basic purposes for which a court may impose a sentence include punishment, general and specific deterrence, rehabilitation, denunciation, as well as protection of the community.  In sentencing each of you I must have regard to a range of matters, which do include the seriousness of the offending, your culpability for it, your personal circumstances and those of your victims. 
120	I must balance the interests of the community in denouncing criminal conduct with the interest the community clearly has in seeking to ensure, where possible, that offenders are rehabilitated and are reintegrated into society. 
121	I have taken into account the sentencing guidelines referred to in s5 of the Sentencing Act where relevant to each of your cases.  I have taken into account the current sentencing practices for the offences to which you have each pleaded guilty, as well as the important principles of both totality and proportionality. 

Sentencing - Kodituwakku 
122	Turning firstly to you, Mr Kodituwakku.  For the bail offences you are convicted and fined an aggregate of $1,000. 
123	For the matters the subject of the indictment I propose to impose an aggregate sentence, as I am satisfied that the offences are founded on similar facts or are part of a series of offences of same or a similar character. 
124	Accordingly, you are convicted and sentenced to be detained in a Youth Justice Centre for a period of 16 months.  I reckon 172 days as having already been served. 
125	Section 6AAA of the Sentencing Act requires me to state the sentence I would have imposed had you not pleaded guilty to the charges.  If not for your pleas of guilty I would have sentenced you to two years in a Youth Justice Centre. 
Sentencing - Soliman
126	In terms of Mr Soliman, for Charge 4, possess a drug of dependence, you are convicted and discharged. 
127	For the bail offence you are convicted and fined the amount of $750. 
128	Having reassessed your offending and the fact that the more serious charges arise from the one event, I am not persuaded that a gaol sentence for the armed robbery and a Community Corrections Order for the remaining offending is the appropriate course.  
129	For the offences the subject of the indictment other than that already announced, I propose to impose an aggregate sentence as I am again satisfied that they are founded on the same facts. 
130	You are convicted and sentenced to 20 months' imprisonment.  You are to serve 10 months before being eligible for parole.  I reckon 196 days as having already been served. 
131	Section 6AAA of the Sentencing Act requires me to state the sentence that I would have imposed had you not pleaded guilty to the charges.  If not for your pleas of guilty, you would have been sentenced to 28 months, with a minimum of 18 months before being eligible for parole.  
132	Thank you to each of you.  If it is of any assistance, I will allow you to use the links to speak to your clients but it might be complicated, given they are both there from different locations.  Otherwise, I'll close the court until 9 o'clock tomorrow morning.  Thank you.
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