Director of Public Prosecutions v Abela
[2022] VCC 941
•17 June 2022
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
CR-21-02380; CR-21-02381; CR-21-02383
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| PIRIHO ABELA and ROBERT EMAN and AMANI SHBARO |
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JUDGE: | HER HONOUR JUDGE HAWKINS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 17, 31 March 2022 | |
DATE OF SENTENCE: | 17 June 2022 | |
CASE MAY BE CITED AS: | DPP v Abela & Ors | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 941 | |
REASONS FOR SENTENCE
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Subject:Criminal Law – SENTENCING.
Catchwords: Causing injury intentionally – burglary – false imprisonment – theft of motor vehicle – 4 co-accused – use of violence to recoup drug debt – victim sustained extensive injuries – pleas of guilty – respective roles of offending – parity – co-accused have varying prospects of rehabilitation – COVID-19 considerations - general and specific deterrence – community protection – first time offender – first time youthful offender
Legislation Cited: Crimes Act 1958 (Vic), s18, s76, s320, s74(1); Sentencing Act 1991 (Vic), s18, s6AAA, s89(4)
Cases Cited:Worboyes v The Queen [2021] VSCA 169; Lowe v The Queen (1984) 154 CLR 606
Sentence:Piriho Abela sentenced a total effective sentence of 12 months’ imprisonment and an 18 month Community Corrections Order – s 6AAA declaration of 18 months’ imprisonment with a non-parole period of 12 months; Robert Eman sentenced a total effective sentence of 14 months’ imprisonment with a non-parole period of 8 months – s 6AAA declaration of 20 months’ imprisonment with a non-parole period of 14 months; Amani Shbaro sentenced a total effective sentence of 9 months’ imprisonment and an 18 month Community Corrections Order – s 6AAA declaration of 18 months’ imprisonment with a non-parole period of 12 months
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr P. Teo | Office of Public Prosecutions |
| For the Accused Abela For the Accused Eman For the Accused Shbaro | Mr E. Pilai Mr M. Kozlowski Mr C. Nikakis | Jay & Co Barristers & Solicitors Haines & Polites Legal Practitioners |
HER HONOUR:
1Robert Eman and Amani Shbaro, you have each pleaded guilty to:
· One charge of causing injury intentionally.[1]
[1]Crimes Act 1958 (Vic), s18
2Piriho Abela, you have pleaded guilty to:
· One charge of burglary;[2]
· One charge of false imprisonment;[3]
· One charge of theft of a motor vehicle;[4] and
· One charge of intentionally causing injury.[5]
[2]Ibid, s76
[3]Ibid, s320
[4]Ibid, s74(1)
[5]Ibid, s18
3Each of the offences to which you have pleaded guilty carry a maximum penalty of 10 years' imprisonment.
4Robert Eman, you have admitted your prior criminal history.[6]
[6]Exhibit C
5Amani Shbaro and Piriho Abela, you do not have any prior criminal histories at the relevant time of this offending.
Circumstances of Offending
6The full circumstances of the offending are set out in the summary of prosecution opening for plea dated 3 May 2022,[7] the accuracy of which you have all accepted through your counsel.
[7]Exhibit B
7At the time of the offending, Ms Shbaro and Mr Eman, you were in a de facto relationship, and you both knew Mr Abela. The victim in relation to the false imprisonment, theft of a motor vehicle and intentionally cause injury offences is Timothy Yong. Mr Yong was, at the time of the offending, friendly with Mr Abela.
8The victim in relation to the burglary offence committed by Mr Abela is Navid Hassanyari. Two others were involved in the offending against Mr Yong; Muslim Yunus, whom I sentenced in this court on 4 February this year, and Mokoenga Tuati, against whom the charges were discharged at committal.
Burglary
9On 18 March 2021 just before midnight, Mr Hassanyari was at home alone at a Dandenong address. While listening to music, he heard footsteps and voices towards the front of his home. Mr Hassanyari observed four people and noticed that the door handle was being touched. He called triple 0 and barricaded his door. Sometime later, Mr Hassanyari left for work and upon returning home he found that the door was destroyed.
10On 20 March 2021, you, Mr Abela, and Mr Yunus attended Mr Hassanyari's home and told him that you had broken the door. You then showed Mr Hassanyari a video of Mr Yong with blood on his face.
False Imprisonment, Theft of Motor Vehicle, Intentionally Causing Injury
11
The day prior on 19 March 2021, messages were exchanged with Mr Yong inviting him to an address in Dandenong. You,
Mr Abela, were living at this address and Mr Yunus was staying there with you. Mr Yong drove to that address in his 1998 Honda Accord (registration OVB 368).
12When Mr Yong arrived and entered the garage, he was punched by you, Mr Abela, and you demanded payment of a $40,000 debt he owed you. You took Mr Yong's car keys and mobile phone and continued to assault and threaten him. This went on for the next two hours and you prevented Mr Yong from leaving the garage. Mr Tuwati and Mr Yunus were in the garage but took no part in the offences committed by you at this point in time.
13
Mr Abela, you then put Mr Yong in the back seat of his Honda and gave
Mr Yunus the car keys telling him to drive to an address in Noble Park. Mr Yong had previously stayed at this address with both of you, Mr Eman and Ms Shbaro, for a period of two weeks in 2020.
14When you all arrived at the Noble Park address, there were a number of people there, including a man named Mike. Mike purported to be a collector of a debt owed by Mr Yong to both of you, Mr Eman and Ms Shbaro.
15Mr Abela, you and Mike assaulted Mr Yong at the Noble Park address and threatened him over several hours. During this time, Mr Yong was tied up with a rope and cable ties and his head was shaved. Mike used a metal pole to strike Mr Yong's fingers.
16At some point in the morning, Mr Eman and Ms Shbaro, you both attended the Noble Park address and participated in the assaults and threats. The three of you and Mike did the majority of the attacking. Mr Yong was struck multiple times in the face and body with kicks, slaps and punches.
17You, Ms Shbaro, held a machete to Mr Yong's leg at one stage, although you did not cut him. Mr Yunus hit the victim a couple of times delivering punches to his face.
18At some time in the afternoon, the three of you and others who were known to Mr Yong left the Noble Park address. Other unknown persons continued to detain Mr Yong in a caravan at the rear of the Noble Park address before moving him to another address, also in Noble Park.
19On 20 February 2021, an unknown person took Mr Yong to the Dandenong Hospital where he presented himself. A physical examination revealed extensive injuries, including fractured nose bones and two left ribs. He also presented with bilateral black eyes, a swollen left jaw, a right-side wrist drop and a grossly swollen right ear. He had multiple bruises over his limbs, torso, back and grazes to his right hand, face and head.
Interview & Further Investigation
20Police executed search warrants and Mr Yunus was arrested at the first Noble Park property. Subsequently, Ms Shbaro and Mr Eman were both arrested. Ms Shbaro was interviewed at the Dandenong police station, as was Mr Eman. You both gave a no comment record of interview in relation to this offending.
21Later on, Mr Abela, you were located and arrested and provided a no comment record of interview.
Nature & Gravity of Offending
22As I stated in the sentencing of Mr Yunus, the use of violence in recouping unpaid drug debts is often associated with grave offending. In this case, a group of people offending against a single, largely defenceless victim is an example of such offending. The victim's car was stolen, and he was seriously assaulted over an extended period of time and the offending also involved a separate residential burglary.
Respective Roles in the Offending
23
Mr Teo for the Crown submitted that in considering the evidence as a whole, it is clear that Mr Yong distinguishes the conduct of Mr Yunus from that of Mr Eman and Ms Shbaro, and further distinguishes the conduct of Mr Eman and
Ms Shbaro from the conduct of Mr Abela, Mike and others.[8] Ultimately, it is the Crown's position that:
[8]Prosecution Submissions on Plea dated 18 March 2022, at paragraph [9]
(i)
Mr Yunus played a lesser role that Mr Eman and
Ms Shbaro; and
(ii)
Mr Abela played a more serious role than that of his
co-offenders.
24Mr Kozlowski submits that Mr Eman's role was on par with, or less than that of Mr Yunus.
25Mr Pilai submits that Mr Abela's role in the offending was opportunistic and of short duration, but did not seek to cross-examine the complainant about the topic.
26Mr Nikakis for Ms Shbaro does not take issue with the Crown position.
27
I conclude that the case involves a purported debt that was owed to Mr Eman and Ms Shbaro by Mr Yong. Mike and Mr Abela purported to act as debt collectors for Mr Eman and Ms Shbaro. The offending began at
Mr Abela's residence in Dandenong, and he was present at that address with Mr Yunus and Mr Tuati and played the major role in the offending at this point.
28This offending was pre-meditated and planned. Mr Abela demanded a payment of a purported $40,000 debt. Mr Abela took Mr Yong's car keys and mobile phone and detained him whilst assaulting and threatening him over a period of approximately two hours. I do not accept the submission made on your behalf, Mr Abela, that your offending was opportunistic in nature.
29I have previously concluded that Mr Yunus was peer pressured by others into assaulting Mr Yong and stealing his car. Mr Yunus was present at both the Hemming Street and Nance Street addresses. Mr Eman and Ms Shbaro attended the Nance Street address, together with Mike and Mr Abela, where they participated directly in the assault and threats on the victim, including Ms Shbaro's use of a weapon. Significantly, Mr Abela was involved in tying up the victim and shaving his head.
30In relation to these relative roles, I note that Mr Yong stated the following during cross-examination at committal. In relation to the role of Yunus: 'I know that Yunus hit me a couple of times. There was also Piriho, Rob, Gucci,…', who I note is an alias of Ms Shbaro, '…Mike mostly'.[9]
[9]During cross examination by Counsel for Yunus, Depositions, at page 1479
31In relation to the role of Shbaro: 'She did, um, beat me and punch in the – in the face. Ah, take a, um, machete to my leg and I didn't - didn't cut me with it or anything, um, just kind of, you know, stab and threaten and whatnot. But mostly just punching in the face whatnot'.[10] He went on to say, 'She didn't wield it or anything. She didn't, like, chop me with it or anything like that, nothing of the sort. just - it was more of a threatening, you know’[11]. When asked ‘She was holding the machete, though, was she?’ he answered ‘Yeah. Yeah.'.[12]
[10]During cross examination by Counsel for Shbaro, Depositions, at page 1507
[11]Depositions, at page 1534
[12]Ibid
32In relation to the role of Eman: 'Piriho was beating me but both those two, Robert and Gucci, they showed me little mercy, but the others that beat me, no mercy'.[13] Asked how many times has Rob hit you, answer, 'I don't recall'.[14] Question, 'So, it could've been once or even not at all?', answer, 'It wouldn’t be none at all'.[15] Question, 'It wouldn’t be none at all but it could've been just once or twice, correct?', answer, 'It could have been once or twice, yeah'. Question, 'Yes, all right. And apart from that, your comment has been that he has been – he has showed you, what you say, a little mercy and others were beating you and showed you no mercy?', answer, 'Yeah, the other people, you know, obviously - for me, I've - I feel that the other people would obviously wanna impress these two by by doing these things'.[16] He went on to say, '..they didn't hit me as much as the other people did', and he confirmed that they would not have hit him no times, but it could have been just once or twice.[17]
[13]During cross examination by Counsel for Eman, Depositions, at page 1525
[14]Ibid
[15]Ibid
[16]Ibid
[17]Depositions, at page 1526
33In relation to Piriho Abela: 'Piriho was beating me but those two Robert and Gucci. They showed me a little mercy but the others beat me ‘no mercy’.'.[18]
[18]Depositions, at page 1375, Statement of Timothy Yong dated 27 March 2021, at paragraph [28]
34Mr Nikikas on behalf of Ms Shbaro acknowledges that there was an intention to assault Mr Yong which went as far as injuring him. However, he submits that there is no evidence indicating which particular injury his client inflicted and which were inflicted before and after Ms Shbaro arrived.
35In considering the relative roles of Mr Yunus and Mr Eman, I note the effective peer pressure used upon Mr Yunus by Mr Abela and that he was effectively lured to the first house. This is in contrast to Mr Eman and Ms Shbaro who attended at Nance Street of their own volition and voluntarily engaged in the assault on Mr Yong. There is no evidence that Mr Eman and Ms Shbaro attended under the pressure exerted on Mr Yunus, and it is not open for their moral culpability to be similarly reduced.
36
The offending appears to have been driven by a debt owed by Mr Yong to
Mr Eman and Ms Shbaro, with the younger man, Mr Abela, acting on their behalf. I note that Mr Yunus was the first amongst the co-offenders to plead guilty. I accept that all co-offenders were complicit in relation to the offending against the complainant and I will sentence accordingly.
37Having regard to the all the evidence in this case, I conclude that Mr Abela played a far more serious role, given the extent of his involvement compared to Mr Eman and Ms Shbaro. Their roles are effectively equal and significantly greater than that of Mr Yunus who was pressured to be involved in this offending. Although, I note Mr Yunus faced additional charges to those which Mr Eman and Ms Shbaro were indicted.
38Mr Teo on behalf of the Crown submits that the overall objective seriousness of the offending falls towards the upper end of the range for this charge. However, he does concede that it is difficult to determine the extent of the injuries inflicted whilst Mr Eman and Ms Shbaro were present as compared to when they were not.
39I conclude that the objective seriousness of Mr Abela's offending is above mid-range. I also concluded that Mr Eman and Ms Shbaro's roles sit towards the middle of the range for this type of offence.
Personal Circumstances
40Mr Eman and Ms Shbaro, you have been married for two years and been together for six. You each have children to previous partners with whom you do not reside.
41Mr Eman, you are 41 years of age and have a 14-year-old daughter who lives with her mother. After your separation in 2012, your ex-partner took your daughter to Syria for five years. You had no contact with your daughter until her return to Australia in 2017. Since your arrest, you have again lost contact.
42You have a good employment history and completed Year 11 at school. You worked as a forklift driver from 2001-2007, were self-employed as a project manager and construction administrator for 10 years after that, and you moved to work with your brother in timber flooring until 2017 when you started your own business.
43In 2020 you had an accident with a circular saw at work and could not continue working. You then went onto the carer's pension to support your elderly diabetic mother. I note your father passed away when you were 12 years old, and your mother has limited other supports. When you are released, Mr Eman, you plan to live with your mother in Southbank. You will be her carer, or you will find employment. You may start a further business in construction or timber flooring. You plan to stay clear of drugs.
44During your time in custody, Mr Eman, you have been working in the kitchen, but have not been able to do courses due to Covid limitations. You have recently been allocated a place in an upcoming drug and alcohol course, but it is unclear when they will commence.
45Mr Eman, you have a prior criminal history for dishonesty, driving, weapons, violence and drug offending going back to 2003. In addition to a sentence of imprisonment in 2012, you were placed on a community corrections order which included conditions of drug and mental health treatment. That community corrections order was breached in 2013 and 2015. It is unclear whether you ever completed a period of drug and alcohol counselling whilst on that order. Accordingly, and in light of the community corrections order assessment report I have received, I view your prospects of rehabilitation as guarded.
46Mr Eman, you were assessed by the Mental Health Advice and Response Service at the Melbourne County Court, in addition to the assessment for the community corrections order. They report and advise that you have a self-reported history of unresolved grief, loss, shame and change issues, which have been exacerbated by marriage breakdown, methamphetamine misuse and the workplace injury you suffered in 2020.[19] You have neglected your mental health and self-medicated using methamphetamines. The author suggests that you could benefit from learning practical psychological skills to self-manage your mood, emotions and thoughts; this would likely decrease your need for illicit substances.
[19]Mental Health Advise & Response Service Report for Mr Robert Eman, date of assessment 9 May 2022
47I note, Mr Eman, that you have been assessed as suitable to be placed on a community corrections order with certain conditions, but I will turn to address that matter shortly.
48Ms Shbaro, you are 36 years old and the mother of two children. You experienced a clash of cultures when you were married into a strict religious family. You experienced family violence and child protection became involved. You were excluded from contact with your children for a period of time. You ultimately divorced from your husband in 2010 and worked as a registered nurse. Due to drug issues, you became unable to work. Mr Nikakis submits on your behalf that you and Mr Eman commenced a business which continues to this day.
49Ms Shbaro, you have been assessed as suitable to be placed on a community corrections order with conditions including supervision, programs to reduce reoffending, treatment and rehabilitation for drugs and mental health. In that assessment, you told Corrections that you were under the influence of ice at the time of your offending in response to a difficult period of your life whilst you were going through a divorce. You did express a desire to engage in counselling.
50Ms Shbaro, I conclude that with appropriate treatment, you have reasonable prospects of rehabilitation.
51Mr Abela, your matter was adjourned until today for further submissions and for you to obtain a forensic psychological report. I note that no report has been provided to the court and you rely on submissions made by Mr Pilai, a letter from Intrinsic Psychology dated 11 October 2021,[20] together with a number of references dated in May 2021 from friends and family members which go to your strong work ethic, connection to your community, and church involvement.[21]
[20]Exhibit A3
[21]Exhibits A4 – A14
52The report of Francois Joubert, psychologist, states that he saw you for three counselling sessions in July 2021. He says that you completed a depression, anxiety and stress scale which showed that you had extremely severe depression, anxiety and stress at that time. He recommended that you require ongoing counselling to learn new behaviours about that. It is unclear as to whether or not you have had the opportunity to pursue any further counselling.
53Mr Abela, I understand that you are 22 years of age, single, unemployed, completed Year 9 at school and aspire to study car mechanics. You have worked in poultry processing and in various warehousing roles with the Department of Environment, Land, Water and Planning.
54You have experienced some challenges with your very strong family network following their discovery of your role in this offending before the court. You have suffered a level of estrangement from your extended family and these matters have brought about much anguish for them. Losing ties with your extended family is something that has provided you with great regret and sadness, and you regret your involvement in being caught up with this conduct and the impact that has had on family relationships. I understand though, that your family do support you and you intend to return to live with them upon your release from custody.
55I also understand from your submissions and references that you are an accomplished musician with a semi-professional musical career, and you hope to pursue that into the future.
56Mr Abela, the Mental Health Advice and Response Service at the Melbourne County Court also assessed you on 11 May 2022.[22] They reported that you do not have a documented or self-reported history of mental illness, which is a little at odds with the report of Mr Joubert. However, I note that it might be that he was in private practice and accordingly, that did not make it onto the centralised database. You told the clinician who assessed you that you were not intoxicated at the time of offending, which seems a little at odds with other reports. In any event, they recommend that you avail yourself of community mental health services upon your release.
[22]Exhibit A2
57Mr Abela, you are still a very young man without any prior convictions, and you demonstrate a level of insight into your offending behaviour. With appropriate treatment and support, I consider you have good prospects of rehabilitation and I assess your risk of reoffending as moderate.
58Whilst you have played a principal role in this offending and the Crown assess your role as more serious than that of your co-offenders, the Crown submissions support that you be placed on a sentence which involves a sentence of imprisonment coupled with a community corrections order with appropriate supports.
Sentencing Considerations
59Mr Yunus entered his plea of guilty after the matter resolved shortly after committal. This was considered an early opportunity when he was sentenced on 4 February 2022.
60After Mr Yunus’ sentence, Mr Eman and Ms Shbaro pleaded guilty on 17 March 2022, and Mr Abela, you pleaded guilty on 4 May.
61Your pleas of guilty, whilst not given at the earliest possible opportunity, have saved the victims from giving further evidence at trial and you are therefore entitled to discounts on your sentence.
62You have all been in custody during the COVID-19 pandemic which has involved periods of quarantine and again, some of you are in lockdown as I understand it, due to outbreaks of Covid at your respective prison facilities.
63In Worboyes v The Queen,[23] the Court of Appeal acknowledged that a plea of guilty given during this COVID-19 pandemic carries greater utilitarian benefit than it does in other times and other circumstances. Accordingly, each of you are entitled to an actual and palpable amelioration of your sentences.
[23][2021] VSCA 169
64I note that victim impact statements have been sought by the prosecution, but not provided. I have had regard to current sentencing practices in respect of the offences for which you are all charged. I also note that it is accepted by the prosecution that the principle sentencing purposes in your cases are general deterrence and the protection of the community.
65It is also important that you are all specifically deterred from engaging in similar offending in the future. There can be no doubt given the circumstances in which the offences were committed that just punishment requires the imposition of an immediate term of imprisonment to deter you and others from engaging in similar conduct in the future. Such a sentence is necessary to denounce your behaviour and protect the community from drug related offending such as yours.
66Equal justice requires that like offenders be treated alike, but that does not mean that co-offenders must receive the same sentence for the same offence.[24] The court must assess each individual and their circumstances and a comparative analysis of the culpability and circumstances of the co-offenders is indispensable to the application of this principle.
[24]Lowe v The Queen (1984) 154 CLR 606
67On 4 February 2022, I sentenced Mr Yunus, your co-accused, to a total effective sentence of 9 months' imprisonment in relation to one charge of intentionally cause injury and one charge of theft of a motor vehicle. Mr Yunus was not indicted on a charge of false imprisonment, unlike you, Mr Abela. Mr Yunus was 29 and had no prior convictions. He came from Malaysia on a bridging visa in 2019 to escape drug addiction. He pleaded guilty shortly after the committal proceeding, also during the pandemic. In his case, the prosecution submitted he played a relatively minor role in the overall offending and did not oppose a time served disposition.
68Your roles, however, as I have outlined above, were as the principal offenders and instigators of violence and unlike Mr Yunus, Mr Abela, you have been indicted on a charge of false imprisonment and a separate charge of burglary. I note that Mr Tuati was discharged at the committal hearing.
69I note that Mr Eman has a criminal record, including priors for drugs and violence.
70Ms Shbaro, you fall to be sentenced as a first-time offender, although I note that you are presently in custody in relation to subsequent matters, they are not relevant for this sentencing purpose.
71Mr Abela, you have no prior criminal history and fall to be sentenced as a first-time youthful offender.
72I do not have an evidentiary basis to conclude that the principles in the case of Verdins apply to mitigate your sentence, Mr Abela, and I reject this submission.
Sentencing Submissions
73I note the Crown position in respect of Mr Abela is that a combination sentence is within range.
74Mr Eman, Mr Kozlowski on your behalf submitted that you be sentenced to time served. At the time he made that submission, you had spent 265 days in custody. I note that your pre-sentence detention is now 306 days, not including today's date. The prosecution submit that given your prior history and role in this offending, a combination sentence is not within range and instead you ought be sentenced to a head sentence with a non-parole period.
75Ms Shbaro, at the time of this offending, you had no prior court appearances or convictions. The relevance of your subsequent sentence on other matters merely goes to affect the amount of pre-sentence detention referable to this matter. It is agreed between the prosecution and your counsel that you have a total of 106 days of pre-sentence detention directly attributable to this matter. Mr Nikakis submits that you be placed on a combination sentence and seeks the conditions of any CCO be focused on drug and alcohol treatment and supervision. The Crown does not oppose such a disposition.
Sentence – Piriho Abela
Imprisonment
76Piriho Abela, I sentence you as follows:
77On Charge 1, that of burglary, you are convicted and sentenced to six months' imprisonment.
78On Charge 2, false imprisonment, you are convicted and sentenced to seven months' imprisonment.
79On Charge 3, theft of a motor vehicle, you are convicted and sentenced to six months' imprisonment.
80On Charge 4, causing injury intentionally, you are convicted and sentenced to 12 months' imprisonment. This is the base sentence.
81Those sentences are to be served concurrently, which means at the same time. That gives you a total effective sentence of 12 months' imprisonment.
Community Corrections Order
82In addition to that period of imprisonment, upon release you will be convicted and sentenced to a community corrections order of 18 months. I will go through the core conditions of that order in a moment, but the specific conditions that you will be required to complete are supervision of a corrections officer, and assessment and treatment for drugs and mental health issues.
Pre-Sentence Detention
83Pursuant to s18 of the Sentencing Act1991 (Vic), I declare a period of 86 days of pre-sentence detention, not including today, as having already been served in respect of this sentence. I order that such declaration and its details be entered into the court records.
Section 6AAA Declaration
84Pursuant to s6AAA of the Sentencing Act 1991 (Vic), I indicate that had you pleaded not guilty and been found guilty after trial I would have sentenced you to a term of 18 months’ imprisonment with a non-parole period of 12 months.
Licence Disqualification
85Pursuant to s89(4) of the Sentencing Act 1991 (Vic), in relation to the offence of theft of a motor vehicle, I cancel any licence you hold and disqualify you from obtaining another licence for a period of six months from today's date.
86So, what that means, Mr Abela, is that you will serve a total of 12 months’ in prison and then be released into the community on a community corrections order for 18 months’ with some treatment conditions designed to assist you.
Sentence – Robert Eman
Imprisonment
87Robert Eman, I sentence you as follows:
88On Charge 1, causing injury intentionally, you are convicted and sentenced to 14 months' imprisonment with a non-parole period of eight months.
Pre-Sentence Detention
89Pursuant to s18 of the Sentencing Act 1991 (Vic), the period of 306 days of pre-sentence detention, not including today, is hereby declared as having already been served in respect of this sentence. I order that such declaration and its details be entered into the court records.
Section 6AAA Declaration
90Pursuant to s6AAA of the Sentencing Act 1991 (Vic), I indicate that had you pleaded not guilty and been found guilty after trial I would have sentenced you to a term of 20 months' imprisonment with a non-parole period of 14 months.
Sentence – Amani Shbaro
Imprisonment
91Amani Shbaro, I sentence you as follows:
92On Charge 1, causing injury intentionally, you are convicted and sentenced to nine months' imprisonment.
Community Corrections Order
93You are also sentenced to an 18-month community corrections order, and this will commence upon your release from imprisonment.
94Now, Ms Shbaro and Mr Abela, I am obliged to explain your community corrections orders to you so that you understand what they mean and what may happen if you breach them in any way. There are a number of core conditions that apply to you.
95You must not commit an offence that is punishable by imprisonment during the period of this order. You must report to and receive visits from a community corrections officer during the period of the order. Ms Shbaro, you must report to Melbourne Justice Service Centre at 50 Franklin Street, Melbourne. And Mr Abela, you must report to the Dandenong Corrections Centre within two working days after your release from custody. If you do not, you will be in breach of the order. You must be sober and not under the influence of drugs at every attendance. You must let a community corrections officer know within two clear working days if you change your address or your job. You must not leave Victoria except with the permission of Corrections. And you must comply with any lawful direction given by community corrections that is necessary to ensure you comply with your orders.
96There are a number of additional conditions that will apply to both of you. You must be under the supervision of a community corrections officer, which means that you are required to be supervised, monitored and managed as directed. You must undergo assessment and treatment, including testing for drug abuse or any dependency. You must both also undergo any mental health assessment and treatment that may include psychological, neuropsychological, psychiatric or treatment in hospital or a residential facility and you must undergo any program that addresses factors relating to your offending behaviour as directed by the Regional Manager.
97Now, I can only impose this order if you agree to it. Now, Ms Shbaro, do you agree to being placed on a community corrections order? I note that Ms Shbaro has nodded yes, she's on mute.
98Mr Abela, could you nod if you accept being placed on this order? Thank you.
99If either of you contravene or breach this order by committing further offences, you can be charged and sentenced to a term of imprisonment for the breach. If you fail to comply with any of the conditions of the order, you may also be breached and have to come back to court for which you may receive a further penalty or be re-sentenced. Now, if you fail to comply with any directions from Corrections, you can also be fined.
Pre-Sentence Detention
100Ms Shbaro, pursuant to s18 of the Sentencing Act 1991 (Vic), the period of 106 days of pre-sentence detention, not including today, is hereby declared as having already been served in respect of this sentence. I order that such declaration and its details be entered into the court record.
Section 6AAA Declaration
101Pursuant to s6AAA of the Sentencing Act 1991 (Vic), I indicate that had you pleaded not guilty and been found guilty after trial I would have sentenced you to a term of 18 months' imprisonment with a non-parole period of 12 months.
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