Director of Public Prosecutions v Abou-Eid
[2024] VCC 1034
•5 July 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-23-00423
CR 23-00204
CR 23-00203
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| MOHAMMED ABOU-EID EHAB SAYAH MAHMOUD TALEB |
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JUDGE: | HIS HONOUR JUDGE DEMPSEY | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 4 February, 5 February, 7 February, 13 May 2024 | |
DATE OF SENTENCE: | 5 July 2024 | |
CASE MAY BE CITED AS: | DPP v Abou-Eid & Ors | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 1034 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentence
Catchwords: Three co-offenders. Robbery, theft and unlawful assault. Origin of offending related to the sale of drugs. One in possession of a weapon (unrelated to index offending). Youthful offenders. Relevant prior and subsequent offending. Relevance of prior Community Corrections Orders. Delay. Totality. Parity. Plea of guilty on the eve of trial in circumstances where trial counsel for Crown could not be secured.
Legislation Cited: Sentencing Act 1991.
Cases Cited:Azzopardi v The Queen [2011] VSCA 372. Boulton v The Queen (2014) VR 308.
Sentence: Abou-Eid: Conviction and 14-month CCO with conditions. Sayah: Conviction and 18-month CCO with conditions. Taleb: Conviction and 10-month CCO with conditions.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms J. Croxford | Office of Public Prosecutions |
| For the Accused Abou-Eid | Mr N. Goodenough with Mr S. Ranjit | Gallant Law |
| For the Accused Sayah | Ms H. Edwards | Victoria Legal Aid |
| For the Accused Taleb | Mr A. Jackson | Valos Black & Associates |
HIS HONOUR:
Introduction
1
More than two years ago in the very early hours of
6 March 2022, the three young men before me took part in yet another very unsavoury incident of public violence at Crown Casino.
2Through their actions, they provide further evidence, if anyone ever needed it, that nothing good ever happens after midnight, especially in that part of Melbourne. Their offending was busy and moved quickly, it involved people affected by alcohol making poor decisions, driven by both testosterone and that special kind of aggressive stupidity generated by groups of young men in public.
3The accused are still young, even though this shameful episode happened years ago now, with little to no prior criminal history.[1] They have ultimately pleaded guilty.
[1]With the exception of Sayah having a history that is of some concern but recent events suggest that his prior behaviour is behind him.
4Those matters play an important role in the decision I have come to. Each is suitable for a community corrections order (CCO) and each will receive one, although not in identical terms.
5These reasons set out why that outcome is warranted.
6The reasons are structured as follows – I will deal with the offending, then matters of sentencing principle for offending of this type, as well as an assessment of the role played by each. Next will be the matters personal to each accused, then the CCO assessments and recommendations in this case. Then matters of general sentencing principles such as youth, delay, parity and pleas of guilty, followed by the dispositions that were argued for, and finally, the formulation of orders.
7One can readily appreciate in a case of this nature with three accused that the sentencing and practical issues it presents are manifold. I want to thank counsel for the sensible and efficient way that this case was not only resolved but also presented before me. The Court is indebted to them.
The Offending
The accused
8Firstly, the accused, the young men who I have just referred to, Mohammed Abou-Eid, then 20; Ehab Sayah, then 23; and Mahmoud Taleb, then 19.
Broader Background to the Offending
9On 5 March 2022, Tristan Fountain, then 24, Jude Bashir, 24, and James Fountain, 27, went to Chapel Street, Prahran, to celebrate T. Fountain's birthday. They decided to go to Crown Casino at 1.00 am on 6 March 2022 where they went to a number of bars, namely, the Jackpot and Atrium bars.
10The three accused were at Crown Casino too. At 2.25 am, the Fountain brothers and Bashir entered the toilets near the Groove Bar escalator.
11T. Fountain remained in the bathroom for approximately seven minutes, with Bashir and J. Fountain exiting and re-entering in this period. While they were in the bathroom, Taleb, who was on the phone, entered for a short period of time before leaving.
12Following this, co-accused Sayah entered the men's bathroom, and while in the bathroom Sayah approached Fountain and offered to sell him cocaine. Sayah showed T. Fountain the cocaine which was in zip-lock bags in his bumbag and offered to sell it for $250 for a gram. T. Fountain accepted but said he wanted to try it first.
13At 2.32 am, T. Fountain, Bashir and J. Fountain walked out of the bathroom in convoy with Sayah. The prosecution case is, and it is accepted, that at that point in the night T. Fountain had discussed buying cocaine from Sayah and they made their way to the food court ATM. While in the food court, T. Fountain withdrew $400 from the ATM.
14At 2.36 am, T. Fountain, Bashir and Sayah walked outside into the Southbank Boulevard. Sayah offered T. Fountain to try the cocaine. He did so and then said that Sayah was trying to scam him. Sayah got upset and started to threaten T. Fountain saying he was going to 'call his crew.' T. Fountain told the accused, Sayah, he did not want anything to do with him and the accused, Sayah, said 'You're dead. You're a dead man.'
The offending Itself
15Between 2.42 am and 2.44 am, the four men walked around inside the food court talking. T. Fountain and Bashir walked ahead through the food court with the accused, Sayah, still trailing them.
16Sayah continued to threaten T. Fountain and Bashir while they tried to walk away from him, and while following them, he, being Sayah, made a phone call to Abou-Eid, presumably for help.
17About a minute later, Abou-Eid walked in the same direction as the four men. He was on the phone and walking at a fast pace with Taleb following. At this point, Sayah was on the phone with Abou-Eid asking for help.
18Between 2.45 and 2.46 am, Sayah remained on the phone to Abou-Eid and continued to follow T. Fountain, Bashir and J. Fountain through the Crown complex. Abou-Eid followed behind in a jog and Taleb followed behind limping.
19T. Fountain and Sayah then engaged in a heated discussion inside the food court. T. Fountain walked outside to Southbank Promenade, followed by Bashir, Abou-Eid, who was jogging, J. Fountain and Taleb.
20At 2.47 am, T. Fountain, followed by Sayah and Bashir, walked outside. T. Fountain walked around the corner of the entrance and was cornered by Sayah.
21Abou-Eid and Bashir also walked around the corner where Sayah and T. Fountain were, and J. Fountain and Taleb also followed.
22Bashir noticed that T. Fountain had been cornered and that it looked violent. T. Fountain, who had been cornered in one of the alleyways behind the panel doors by two guys, was being held against the glass. Bashir then went to find security.
23J. Fountain heard the two males making verbal demands of T.Fountain saying 'Give me your fucking money. Give me your fucking phone.' Those men, with a conspicuous lack of courage, were Sayah and Taleb.
24About five and a half minutes later, Bashir, J. Fountain and Abou-Eid walked into the entrance lobby where they had an argument. Abou-Eid then approached Bashir and said 'Give me your money or I'll make his life hell' – referring to T. Fountain – and asked for $250. This constitutes Charge 1, robbery by Abou-Eid of Bashir, maximum penalty of 15 years' imprisonment.
25T. Fountain was still being held up by the glass by two men at this time.
26Abou-Eid said to J. Fountain 'If you don't want your brother to get bashed, give us some money.' They then started arguing back and forth.
27Abou-Eid walked to the glass wall between the entrance lobby where T. Fountain, Sayah and Taleb were standing and motioned to them with the palm of his hand. Bashir then lined up at the ATM and Abou-Eid again gestured with his hands to the men outside. Bashir withdrew $250 from the ATM while Abou-Eid watched. This is charge 1, robbery by Abou-Eid of Bashir continued.
28While this was happening, T. Fountain handed Sayah his iPhone 13 and his wallet and key on the basis that he was to recoup the money for the cocaine sale. This constitutes charge 2, robbery by Sayah and Taleb of T. Fountain, maximum penalty 15 years.
29Sayah also asked for the passcode to the iPhone and T. Fountain provided it. Sayah then changed the passcode on the phone, locking T. Fountain out of his own phone.
30The case against Taleb in relation to the robbery is that he was complicit with co-accused, Sayah, by assisting him in appropriating the property of T. Fountain.
31J. Fountain heard T. Fountain yell 'He's got my phone', pointing at Sayah, and a fight erupted. T. Fountain reacted and attacked Sayah and Taleb. He tried to hit and kick them to do whatever he could to get away them away from him, J. Fountain and Bashir. Sayah and Taleb walked backwards towards the entrance with T. Fountain and J. Fountain reaching towards them. T. Fountain and Sayah continued to stand off against one another before Sayah approached towards T. Fountain, who slipped on the floor. T. Fountain got up and started yelling towards Sayah and an argument commenced. T. Fountain punched Taleb before some bystander intervened and restrained him.
32Sayah and Bashir then approached one another. Bashir was trying to get T. Fountain's phone back. He asked Sayah to show him the phone. Sayah pulled it out from his pocket and held it out. Bashir held the $250 he had withdrawn in his left hand. Bashir was trying to give him cash to get the phone back. Sayah was holding the phone in his left hand and reaching for the money. Bashir then held the money up and counted it towards Sayah. Bashir tried to exchange the money for the phone at the same time, and Sayah pulled the money with force and ran while still holding the phone and the money. Charge 3, theft by Sayah of Bashir, $250, maximum penalty 10 years.
33Sayah said to Bashir 'Now I've got your money and your phone, what are you gonna do?' J. Fountain heard Sayah say 'You just got robbed.' J. Fountain went to grab Sayah's bag, ripping it out of his hand. As Bashir approached Sayah, the latter dropped the phone and Bashir picked it up. A fight then broke out between the two groups. When it stopped, both groups were seen standing around for a few seconds before Abou-Eid threw another strike at T. Fountain. Related Summary Offence 6, Abou-Eid, unlawful assault, maximum penalty three months.
34The three accused then fled before security and police arrived. They are captured on CCTV walking away from Crown. Sayah is seen looking through his bumbag on various occasions, handing items to Abou-Eid. Abou-Eid attends the concierge of the Crown and hands in items.
35At 2.55 am, members of the Victorian Police, Melbourne Crime Investigation Unit, were informed of a possible robbery down at Crown.
36At 3.10 am, officers attend Crown Casino at Southbank. They observed T. Fountain with cuts and bleeding to his mouth and a swollen nose. Reid observed various blood stains on the pavement and a white T-shirt that was seized by police. Constable Lyman spoke with Bashir who said that he and T. Fountain had been confronted and cornered in a glass doorway by a group of two or three Lebanese men and they had taken T. Fountain's phone. Bashir told Lyman that he had paid the group of men $250 to get T. Fountain's phone back but the males took the money and did not return the phone.
37At 3.20 am, another officer activated his body-worn camera and attended the concierge desk at Queensbridge Street at the casino. He located a set of keys and a maroon-coloured wallet. He was advised that the items had been dumped with the concierge.
38At 3.33 am, Senior Constable Gsell arrived at the scene and spoke with Lyman who advised him the victim had disclosed being assaulted by unknown men who demanded his wallet, keys and phone. Lyman explained that one of the men had lost their shirt during the altercation, which had been seized. Gsell was informed that T. Fountain's wallet and keys had been dropped at the Casino's valet parking by one of the males. He returned these items to T. Fountain. T. Fountain noticed that the passcode to his phone had been changed. As a result of the incident, T. Fountain suffered bleeding to his mouth and lips. His teeth hurt for weeks and his knuckles were painful.
Investigation, Arrest and Charge
39Police attended the scene and located Taleb's grey T-shirt, as well as reviewed and retained the CCTV footage of the incident. Call charge records were examined and it was determined all three accused's phones were found to be in contact with each other around the time and date of the offence at Crown.
40On 11 March 2022, Sayah was arrested at Crown Casino on the gaming floor. They conducted a record of interview with Sayah on 12 March and during this interview he told many lies about the offending. He said he was at Crown on 6 March at night-time and that his actions were in self-defence. He does not know the person. They told him to follow them outside and said to him 'Give me all your shit.' He met them inside Crown near the ATM in the food court. The three men came up to him. He was by himself. The three men were tall and came up to him and told him to come outside. He went outside. His mate told him not to let Sayah go and he tried to take Sayah's bumbag. He asked why they were trying to jump him and the three of them tried to grab him. They tried to hit him, and he tried hitting them back. He got into a little brawl and after the brawl, he simply went home.
41When asked why the victim would be pretending to be the victim and reporting it to police, he said 'He's trying to – yeah, he's trying to defend himself.' He said he was the victim and it was they who were trying to rob him.
42When shown photographs of himself from CCTV, the accused says he cannot see anything and denies that the shoes he is wearing were similar. When asked if he recognises the male in the CCTV, who the prosecution say is him, he says 'Yep', but then he says he does not know who the male is. He states he used to own a Nike T-shirt about a month prior but does not know what happened to it. He then states he did not mean to do it and what is happening now, saying 'Nah, everything.' When asked if he is admitting that it was him in the photo, he says 'No, I'm saying I didn't mean to do that – like, no, what's happening there?' The police say, 'Self-defence, as you're claiming.' He says, 'Yeah.' The police ask why would he be sorry if it was self-defence and he says, 'I don't know, I'm not that type of person and it's nothing like that.'
43On 14 February 2022, Taleb presented himself to Broadmeadows police station. At 3.45 pm he was placed under arrest and given a caution and his rights.
44He was interviewed and he, too, told many lies to the police. He was at Crown Casino on the relevant date. He cannot remember what happened, all he remembers is someone trying to hit him. He was at the casino by himself and no one was with him. When asked about the names Abou-Eid or Sayah, if they meant anything to him, he said, 'Nuh.' He does not remember what happened but one guy was trying to pick on him and all he had to do was defend himself. They were outside the casino when the fight happened. One of the men dazed him and he had one foot so he had to defend himself against three people. He says the male charged at Taleb and they all started 'pounding.' When it is put to him that Abou-Eid and Sayah were with him he says 'What area are they from?' He says he wants to know how he got matched up with them. When the allegations were put to him he says 'Bullshit, is there evidence?' He then says 'I told you what happened, I got three on one.'
45The police continued to put the allegations to him and he said 'Fucken lost mate, I don't know who these two guys you've linked me with are and I don't know what the fuck the story is.' He says 'He's right when he says he struck me in the head but I'm still – he doesn't remember anything of it.' He denied ever throwing a first punch, that the guy that bashed him and ripped his clothes did. He says he has never heard of Sayah. He does not know how it started, he came out and got jumped on. There were three blokes and he was there by himself. He does not remember anything, how is he supposed to remember 'There were three guys way bigger than you just pounding ya.'
46When the call charge records from 2.25 am on 6 March 2022 are put to him, demonstrating that he had in fact been in contact with both Sayah and Abou‑Eid – may I add, he said he did not know – he said 'No, that's bullshit, I don't know these guys' and he says 'Honestly, I think youse made this all up. I believe youse made this up.'
47The police then showed him the CCTV. He identified himself and said he had never seen Sayah or Abou-Eid before. He was shown a picture of the shirt that was seized and agreed it was probably his shirt which had been ripped but maintained he had been to Crown Casino by himself. He could not remember how long ago he was there because he 'Got bashed brutally in the head.'
48Police enquiries revealed that at the time of this offending Taleb was on bail for non-related matters. Related Summary Office 7, Taleb, commit indictable offence while on bail, maximum penalty three months' imprisonment.
49It appears that Mr Taleb was remanded for a period of time, being five days after his arrest. I will return to that matter in due course.
50The next to be arrested in time was Mr Abou-Eid. Police conducted a pat-down search and conveyed him to Fawkner police station. What was seized was a multi-coloured metal flick knife (related summary offence, Abou-Eid, possess controlled weapon without excuse, maximum penalty one year imprisonment) as well as a mobile phone.
51At 9.35 am police conducted a record of interview with him. During that interview, he stated
(a) He cannot really remember what happened because he was a bit drunk.
(b) It was not inside. ‘The guy had a few people with him and they were Aussies.’
(c) Sayah, he said, did not ask for his help. No-one asked for his help, he 'Just rocked up.' He heard someone being aggressive, a big tall bloke. A few words were exchanged and that was it.
(d) He simply does not remember going to assist Sayah.
(e) He ended up 'Finding keys on the floor, or something, and a wallet.' He did not know who they were for so he went back and gave them to the valet at Crown and told them to return it to whoever the person was. He looked in the wallet and saw the licence so he gave it to the guy at Crown and said, 'Can you return it to this person.'
(f) 'If Sayah was asking for money, he would have been doing it – there would have been something to it, the guy would have owed him money.'
(g) He does not remember standing behind Bashir while he took money out. He was not being aggressive to anyone at all.
(h) He cannot remember the night well or at all.
(i) It was put to him that Sayah hands him the wallet and keys, and he responds 'Honestly, maybe I found them on the floor, I'm not too sure. I can't tell you nothin exact.'
(j) He does identify himself in CCTV stills.
(k) He does not remember the phone call with Sayah. When shown an image of him standing behind Bashir at the ATM he says 'I don't know, that looks like a coward. I don't know, doesn't look like – yeah, it looks – fuck, I was probably standing behind him, forcing him – yeah, that's exactly what it looks like, yeah.'
(l) He thought maybe the other guy owed Sayah money and they cashed out the money and gave it to him and that was it.
(m) When police suggest the whole thing was about the victim purchasing drugs from Sayah, he says 'It might have been, I'm not sure.'
(n) He thought the guy was getting money out to pay Sayah because he thought he owed Sayah money.
(o) He gave the items back because he saw them on the floor and realised they did not belong to anyone he was friends with.
(p) When it was put to him he tried to strike Fountain, he asks if T. Fountain was striking first. He then states 'I'm not sure. Maybe if you looked at it – if you show me maybe I can show you different.'
(q) He admits to having a pocket knife at the time of arrest. He is asked what he can tell police about it, he says 'I don't know, I use it – I use it around the house.' It would have been on his waistband.
Case History
52This matter has had a long journey through the criminal justice system from the offending in March 2022. It has had a committal mention in mid-2022, a contested committal in early 2023 for two accused, a belated committal mention for a third accused who was committed for trial without committal, a directions hearing, case assessment hearings during 2023, accompanied by many offers and counter-offers made by each accused and the crown respectively, culminating in the matter being set down for trial before me in early 2024. Defence responses were filed in each instance where each accused denied the offending.
53The matter resolved on the eve of the proposed trial in March 2023. It was notionally listed for sentencing indication, but good sense won the day, and the indication was in the end not sought. The matter resolved without the need for one.
Victim Impact
54Neither victim has provided victim impact statements. I can readily infer it was a frightening and deeply unpleasant incident for each of them.
Other Matters Regarding the Offending
55These are not the most serious examples of this type of offending, still they are common enough and disturbing enough. This unhappy episode has its origin in the illicit activities of Sayah, as his counsel concedes. He went to Crown to sell cocaine. I do not sentence him for that fact, but it is relevant context. He engaged in a deal with T. Fountain, it fell through, then committed the robbery to recoup what he believed he was owed. His offending is reactionary that way, actual violence was not used to commit the robbery. T. Fountain's property was ultimately returned to him and the theft of cash from Bashir was also without sophistication or planning.
56Abou-Eid and Taleb only have roles because of their connections with Sayah. They are not the prime movers of the offending but rather willing and enthusiastic assistants in it. Their roles are both supportive and menacing. Ultimately, my global view of the offending is that it falls between the low to mid-range of seriousness. All counsel very rightly agreed the principles of general and specific deterrence have real application here.
Matters Personal to Each of the Accused
Abou-Eid
57I have had regard to the outline of plea submissions 6 March 2024, chronology, certified extract of the Broadmeadows Magistrates’ Court on 16 January 2024, the email from Guldren Cengiz from Broadmeadows Justice Centre (case manager 29 Feb 2024), CCTV footage excerpt, the reference of Ahmad Abou- Eid of 7 March 2024 and the CCO assessment report of 19 June 2024.[2]
[2]Exhibits MA-E 1-7 inclusive.
Personal circumstances
58Abou-Eid is 22 years of age and was 20 at the time of the offending. He had no prior criminal convictions when the index offending occurred.
59He was born in Victoria and his parents are of Lebanese descent. He has one older sister and four younger siblings. His father manages his own business as a bricklayer/builder and his mother looks after the home. He resides with his parents and enjoys their support. His parents are aware of the allegations and have been present in court to support him. His was a strict upbringing with his parents always having high expectations of him. He was subject to discipline from his father if he misbehaved at school or did not achieve good grades. His parents are extremely supportive and he considers his parents his greatest support in the community. I agree.
Education and employment
60He attended Glenroy Secondary School and completed Year 11. He discontinued his education to go on to pursue a career as an electrician. He did an apprenticeship. He completed two years of that apprenticeship, then discontinued his studies in the field.
61He went to Lebanon to visit family and missed some of his exams. He was in Lebanon for a few months and then returned to commence a plumbing apprenticeship for two years but did not pursue this any further either. He has held intermittent employment as a labourer and jobs through AirTasker. His primary source of income is through Centrelink.
Drug use
62At the time of the index offending he was using illicit drugs. He was primarily using cocaine, cannabis and Xanax. He is currently seeking assistance from ACSO COATS for his substance abuse. He has not previously been diagnosed with a mental illness. He is not currently on medication.
Forensic history
63On 16 January 2024 he was placed on 12 months' CCO for drug-related offending that occurred after the offending before me. He has been participating on the CCO for over six months now. That order still has another six months to run. He has no outstanding matters and after the finalisation of this matter he intends on obtaining employment and completing the CCO in 2025.
64There is no indication of any breaches or future breaches but his participation and compliance on the order is described by the CCO assessor as 'bare minimum', in terms of supervision, but quite positive when it comes to programs.[3]
[3]Exhibit MA-E 7: CCO Assessment Report (Abou-Eid)
Prospects
65He is still considered to be a medium risk of re-offending, according to the CCO assessor. Features of concern are that this offending, like other offending he had been involved in, involved drugs, numbers of young men as accused here, and the prospect of reward or gain for the virtue of standing over others.
66The character of his peers remains a problem, but they are not co-accused here. They are not permitted to contact each other because of the bail conditions, which I consider to be a good thing. Mr Abou-Eid needs to find more pro-social friends if he is to remain offence-free. A step in the right direction is his involvement in the local AFL club in Glenroy.[4]
[4]I have also had specific regard to the letter of his father (MA-E Exhibit 6) talking about his sons disappointment in himself and the emerging maturity he is showing.
67Troublingly, he still appears to labour under the misapprehension he was somehow justified in offending the way he did.
68He appears to be open to the idea of solving issues through violence. He lacks planning and lacks strategies to not place himself in situations like this again. It is hoped that extended time on a CCO will remedy these attitudes and see him mature. He is not yet entrenched in criminality, and still, as I have said, very young. The CCO notes that he is in the early stages of addressing his thoughts towards peer influence and substance abuse. It is hoped that the interventions of a CCO would prove beneficial. There is reason for that hope. It is hard to ignore the fact he has not re-offended in two years. I agree with his counsel's submissions that under the right circumstances his prospects are reasonable.[5]
[5]Exhibit MA-E 1: Outline of submissions on Plea dated 6 March 2024 at [33].
Sayah
69I have had regard to the outline of plea submissions dated 6 March 2024. The discharge summary from the RMH on 16 Jan 2024, the psychological report of Laura Fleming dated 3 April 2024, photographs of Mr Sayah’s injuries dated 24 January 2024, letter from employer, letter from Ayman Sayah undated, letter from Magda Kassem dated 25 June 2024 and CCO report dated 20 June 2024, the MAHRS report.[6]
[6]Exhibits ES 1-9 inclusive.
Personal Circumstances
70Mr Sayah is 25 years of age and was 23 at the time. He was born here in Australia to parents Doah and Abdul who are from Lebanon. He is the middle child of a sibship of five. He enjoyed a stable childhood and is close to his parents and siblings who remain supportive of him. He has a large extended family that he is also close with.
71He completed primary school and secondary school. Owing to truancy and poor academic performance, he left secondary school in Year 10 and enrolled in Year 11 at Ilim College. His academic performance did not improve and he exited education after Year 11. His performance strained his relationship with his parents – they had much higher expectations of him.
72Upon leaving school, Mr Sayah commenced work as a roof plumber with H & A Majestic – that is a family owned business run by a cousin. He left roof plumbing in 2021 and worked as a pick-packer in a warehouse for a few years. During February 24 he returned to work with his cousins and he hopes to undertake formal TAFE training in roof plumbing, with a view of starting his own business in the future.
73He is a man of Muslim faith. He adheres to prayer five times a day. He attends the mosque every Friday after work.
74Throughout his childhood and early adulthood he played soccer and regularly boxed at the gym.
75At the time of the offending he was involved with anti-social peers. These associations were also present throughout the prior matters. Importantly, he no longer associates with these people.
76He has not been, I am told, involved in drugs beyond this incident. When he was arrested in March he was not in possession of any drugs or related paraphernalia.
77Soon after the offending he met Magda Kaseem and the two married on 4 December 2023. They live with Mr Sayah's parents while they save to purchase their own home.
78On 9 January 2023, Mr Sayah was the victim of a brutal assault. He was stabbed multiple times in the chest, abdomen and arm. His small bowel was eviscerated and he required surgery to return his small bowel colon and omentum to the abdominal cavity. The laceration to his left arm and hand required stapling and a vein graft. He was in a coma for a few days and later admitted to ICU. He was discharged from hospital in January 2023. He has been left with significant scarring across his chest, abdomen and arm. He is engaged with a hand therapist to regain strength and movement in his left hand. Due to the injury to his stomach and abdomen, he is unable to lift anything heavy at work and can no longer participate in boxing. Thankfully, according to the MAHRS report, he suffers no long-term psychological effects from this.
79He refused to assist police with their enquiries as to who exactly did this to him. One suspects this is a feature of the circles he was mixing with. His propensity to somehow find trouble followed him to Crown Casino too. I remarked during the plea it is time that Mr Sayah made better lifestyle decisions while he still has a life to make decisions about.
80The report from Laura Fleming is useful in the sense that it excludes any serious mental health concerns that may be impediments to reform.[7]
[7]Exhibit ES-3: Psychological report of Laura Fleming dated 3 April 2024.
81His health issues would not preclude him from serving a term of imprisonment, rather though, he seems to have been chastened enough by his stabbing and subsequently near-death experience that he appropriately fears prison and now considers what impacts his actions might have on his future. So much is clear from the reference that I found very powerful of his wife,[8] who describes a man now who exercises great caution in his actions so as to avoid any further criminality.
Forensic History:[9]
[8]Exhibit ES-7: Reference of Magda Kassem dated 25 June 2024.
[9]See not just his prior criminal history, but also other offending summaries part of Exhibit F.
82He has an unhappy prior criminal history that is relevant to the offending that I am dealing with. His subsequent offending is also relevant.
83His prior matters were finalised on 14 November 2017 at Broadmeadows Magistrates Court. He was fined $500 without conviction and entered into a bond for dealing with property being the proceeds of crime.
84On 16 July 2018 at the Melbourne Bail and Remand Court he was sentenced to a CCO for 12 months without conviction for recklessly causing injury.
85On 12 May 2020 at Broadmeadows Court, he was convicted and sentenced to a CCO for 14 months for false imprisonment, intentionally cause injury, possess cannabis, affray, commit indictable offence on bail, violent disorder, breach CCO and contravene a bond.
86On 30 March 2021 at Broadmeadows Court he was convicted and placed on a CCO that being a variation regarding 12 March 2021 offending.
87His subsequent appearances are equally unimpressive.
88On 23 June 2022 his CCO was cancelled and he was fined $600 with conviction for the breach.
89On 3 August 2022 he entered into an adjourned undertaking for driving offences. These offences pre-date the matter before me, but they still trouble me.
90On 4 September 2023 at the Broadmeadows Magistrates Court, his licence was suspended for 12 months and he was fined $400, and he entered into a bond for driving in a manner dangerous and breaching the conditions of his probationary licence.
91Consistent with his youth and the general reluctance of the criminal justice system to commit young people into the prison system, he has been the recipient of a number of non-custodial dispositions. In total, he has agreed to two adjourned undertakings and three CCOs. These non-custodial penalties were tailor-made to facilitate his reform and rehabilitation. All three of those previous CCOs have been cancelled due to a formal court breach.
92He breached his first adjourned undertaking and CCO by offending in May 2020. He was then sentenced to another CCO. He breached that CCO by his offending dealt with in March 2021. In dealing with the contravention the Broadmeadows Magistrates Court varied the existing CCO, extending its length. He breached his CCO by offending, dealt with in June 2022.
93Ms Croxford on behalf of the crown rightly poses the question, 'How many more chances ought he get?' It is a fair question to ask, but in light of the surprisingly positive CCO report the court's answer is one more – this one, last, final chance.
94He is assessed as suitable, showing an actual willingness and motivation to engage with services that is hard to fabricate or fake. It seems those around him present a positive, protective influence which ought to be preserved, lest the community pay too high a price in the long term for exposing Mr Sayah to the influences of adult prison.
95His CCO will be much more onerous than that which I impose on the others, as I consider specific deterrence to be of greater import and his overall criminality and culpability to be higher.
Taleb
96I have had regard to the outline of pela submissions dated 6 March 2024, reference form Dr Anthony Daimantaras dated 1 January 2024, reference from Linda Taleb dated 4 March 2024, reference from Ahmad Elbaba dated 4 March 2024 and CCO report 20 June 2024.[10]
[10]Exhibits MT1-5 inclusive.
Personal circumstances
97He is 22 but was only 19 at the time of the offending.
98He was born in Melbourne and his parents are of Lebanese descent. He is one of six. He lives with his parents and his four siblings in Broadmeadows. To assist his parents, who are still working, he tries as much as he can to help with his younger siblings, including taking them to school. He also cares for his grandmother by attending her home, cleaning the house, cooking for her and taking her out.
99He has 'no issues' growing up and states that his parents are disappointed with his situation. He continues to have strong familial support in his life, such as his parents, siblings, grandmother and other relatives.
100He attended Brunswick Secondary College and completed Year 10. He then moved to Glenroy but did not complete Year 11. He was suspended in high school a few times for failing to attend detention.
101When he left school he went on to work in roof plumbing and then cabinet making, in particular, wardrobes and pantries. He is now working full-time for a home improvement company where he is employed, as I said, full-time. His current employer describes him as reliable and respectful, who is a quick learner and is able to work as a team leader.[11]
[11]Exhibit MT-4: Reference of Ahmad Elbaba dated 4 March 2024.
102His doctor of 18 years describes him as both being honest and trustworthy, noting that he has been profoundly affected psychologically by what he has done.[12]
[12]Exhibit MT-2: Reference from Dr Anthony Diamantaras dated 1 January 2024.
103Mr Taleb's grandmother, who suffers from osteogenesis and is also confined to a wheelchair, relies very heavily on her grandson and the assistance he provides her. She describes him as a sweet, kind-hearted, loving and caring person and the son she never had.[13]
[13]Exhibit MT-3: Reference from Linda Taleb dated 4 March 2024.
104These qualities are very hard for me to reconcile with the present offending, but such is the way sometimes with young men, they act impulsively and out of character.
Forensic history[14]
[14]See also Exhibits G and H.
105Mr Taleb has a criminal history, though not all of it, strictly speaking, is a prior one.
106He was placed on a CCO without conviction in March 2022 for affray, recklessly cause injury and commit offences on bail. Later, while on bail for this present offence, he was placed on a bond without conviction for criminal damage.
107Those other appearances, of course, do not aggravate the present offending, although the fact that he commits an offence on bail is aggravating but rather is more informative in assessing his prospects for reform. Those other matters are generally relevant and recent enough for the purposes of this exercise.
108A CCO assessment describes a man not wholly comfortable about being honest about his life and thoughts. He is, though, seen as a low risk of re-offending. Education and family provide good foundations for him and guard against the risk of future misconduct. The same cannot be said for leisure, recreation and companions, although he has not seen the companions in the dock for some time, and now it seems both work and family obligations occupy a significant amount of his time in a way that they did not before the offending.
109He is suitable for a CCO, although the burden it places on him will be comparatively modest in light of his role and his history. I will take into account the five days he spent in custody as both punitive and to some extent, a personal deterrent to Mr Taleb.
Matters of Sentencing Principle
Robbery and Theft
110It was put on behalf of each accused that these offences were not at the higher order of seriousness, nor are they the serious examples one might see of the offences charged. Offences of robbery and armed robbery are serious, Parliament tells us that much by the maximum penalties available in each instance. They invariably involve a terrifying experience for victims and cause a great degree of public disquiet. That is especially so when they are committed at night and in numbers, as was committed here.
111The offending was not planned, per se, but once it commenced it was organised enough and set about to achieve its ends. Sayah is obviously the principal offender against T. Fountain and the sole offender in the theft against Bashir. But for his own enterprise, it is inconceivable any of this would have happened at all.
112Once involved though, Abou-Eid and Taleb are not exactly reluctant participants either. Abou-Eid is involved because of his association with Sayah, he was verbal in his use of force, and physical force was in the end used after Bashir withdrew money. Abou-Eid throws a punch towards the end of the offending and he is responsible for the summary assault on T. Fountain. Sayah does not fall to be sentenced at all for the robbery of Bashir. Taleb is only involved after the initial interaction with the victim. Abou-Eid returns the wallet and the keys to the valet. It appears that the phone and other items were returned as well as the extra inconvenience to the victim of having the passcode changed.
113These acts suggest the offending was more to assert that these accused were the alpha males, who could take the items they simply did not need to teach others some kind of important life lesson. It smacks of mindless immaturity.
Weapons
114Abou-Eid pleads guilty to the related summary offence involving the possession of a knife. There is no reason for anyone here to carry or possess a knife. It is an object that has no place outside the home or workplace. It is not an accessory to have when using drugs like a smoker needs a lighter. It is an inherently dangerous item, as Mr Sayah can well attest to. If there is some feature of knife possession that seems necessary, glamorous, manly or ‘hard’ to Mr Abou-Eid or any of his friends in the dock, let me disabuse them of that now. Come before me on a breach of your orders with any offence that relates to a weapon and I will have no hesitation in imprisoning any of you.
Young Offenders
115All offenders were young at the time of this offending and I do not consider the differences in their ages to be so disparate as to justify wildly different outcomes.
116Age, of course, is a significant factor for the court to consider. Youth is important in the sentencing synthesis and should be a primary consideration where it properly impacts upon any assessment of moral culpability, the deleterious effects of adult prison, and emphasis that must be placed on rehabilitation. While this offending is serious and general deterrence is relevant, it has to be weighed against the significant weight to be given to the principles governing sentencing youthful offenders.
117In Azzopardi,[15] the “considerations which underlie the general primacy of an offender’s youth as a sentencing consideration” were outlined as follows:
(a) First, the court said, “young offenders being immature are therefore more prone to ill-considered or rash decisions. They may lack the degree of insight, judgment and self-control that is possessed by an adult. They may not fully appreciate the nature, seriousness and consequences of their criminal conduct.”[16]
(b) Second, “courts recognize the potential for young offenders to be redeemed and rehabilitated. This potential exists because young offenders are typically still in a stage of mental and emotional development and may be more open to influences designed to positively change their behaviour than adults who have established patterns of anti-social behaviour. No doubt because of this potential, it has been stated that the rehabilitation of young offenders, ‘is one of the great objectives of the criminal law’. The added emphasis for the purposes of sentencing on the realisation of a young offender’s potential to be rehabilitated is further justified because of the community’s interest in such rehabilitation, not only at a theoretical level, but because the effective rehabilitation of a young offender protects the community from further offending.”[17]
(c) Third, “courts sentencing young offenders are cognizant that the effect of incarceration in an adult prison on a young offender will more likely impair, rather than improve, the offender’s prospects of successful rehabilitation. While in prison a youthful offender is likely to be exposed to corrupting influences which may entrench in that young person criminal behaviour, thereby defeating the very purpose for which punishment imposed. Imprisonment for any substantial period carries with it the recognised risk that anti-social tendencies may be exacerbated. The likely detrimental effect of adult prison on a youthful offender has adverse flow-on consequences for the community.”[18]
[15]Azzopardi v The Queen [2011] VSCA 372.
[16]Azzopardi v The Queen [2011] VSCA 372 at [34].
[17]Azzopardi v The Queen [2011] VSCA 372 at [35].
[18]Azzopardi v The Queen [2011] VSCA 372 at [36].
118The court in Azzopardi then went on to consider the above considerations in the context of crimes that are particularly serious or persistent nature.[19] The court concluded that “only in the circumstances of the gravest criminal offending and where there is no realistic prospect of rehabilitation may the mitigatory consideration of youth be viewed as all but extinguished”.[20] It is submitted in Mr Abou-Eid’s case there are strong prospects of rehabilitation and the mitigatory considerations regarding youth are not extinguished.
[19]Azzopardi v The Queen [2011] VSCA 372 at [37]–[40].
[20]Azzopardi v The Queen [2011] VSCA 372 at [44].
119It is acknowledged there are limitations to the value of youth on sentencing where the objective gravity of the offending is particularly grave. However, the current offending before the court is not of a kind where the sentencing objectives relating to the offending outweigh the principles associated with sentencing a young offender. Allied to this is the limited criminal history of Abou-Eid and Taleb that augers well for their reform. Sayah is more complex, of course, but not so fundamentally different that the principles of Azzoppardi are displaced.
120In light of previous or subsequent events, or both though, none of the offenders before me can sensibly argue that this criminality before me is entirely aberrant on their part.
Pleas of Guilty
121There appear to have been significant attempts to resolve the matters by all accused over a sustained period of time.
122All pleas of guilty carry a significant utilitarian benefit, as it will save the courts, the crown and witnesses, both in time and human expenditure of energy. All pleas are an important sentencing factor and all accused are entitled to a meaningful discount on their sentence. Their pleas demonstrate a willingness to accept full responsibility for the offending and to facilitate the course of justice, as well as demonstrating a degree of remorse.
123The principles established in Worboyes have some application but the application of that principle diminishes over time as the court slowly crawls its way out of the difficulties it faced and the pressures on the system over Covid.
124There is an extra dimension to the plea of guilty in this case, coming as it does in circumstances where the crown, through no fault of its own, were not able to retain trial counsel and there was a real prospect that the trial may have to be adjourned.
125The discount will be reflected in the sentence of all.
Delay
126The offending in this matter took place in March 22 - well more than two years have elapsed between then and now. From the material I have been provided with, I cannot detect any real cynicism in the way that the matter has been conducted by any party. I do not view the delay as one that has been manufactured in that sense.
127The court can consider, and will, apply both limbs of delay in mitigation when applying delay.
128I can apply Limb 1, the unfairness that a sentence has been hanging over each of their heads without the knowledge of what that sentence would be for a period of time, that is to say leaving all in circumstances of uncertain suspense.
129I can apply limb 2 – noting that and the delay adds to the prospects of each of their rehabilitation. Generally speaking, all accused have made progress over the last few years and I do gauge their prospects for reform and their ability to be reclaimed in that light.
Totality
130I am mindful of the significance in this case of the application of the principle which requires me when sentencing all of you for multiple offences, to ensure the aggregate term or the sentence I impose is a just and appropriate measure of the total criminality involved. I have done so.
Parity
131I am also mindful of parity given its important role in ensuring consistency and punishment. I do not approach the task mathematically or consider it is one which requires the identical treatment of offenders. Any significant differences in the sentence must be rationally explained. I hope to have adequately done so.
132I have assessed the accused's individual circumstances, their age, backgrounds, criminal history, health, character and roles played in the offending.
Dispositions that were asked for
133Mr Abou-Eid suggested a fine, or alternatively, a community corrections order in the alternative was appropriate. Mr Sayah submitted that a community corrections order was appropriate. Mr Taleb submitted that a community corrections order was appropriate, leaving open the question for me as to whether that would be with or without conviction.
134The crown submitted for Abou-Eid and Taleb a CCO was open, albeit one with a significant work component, and I agree. Sayah was settled to serve a combination sentence, that is, some actual imprisonment followed by a CCO upon his release. On that last aspect I disagree. The sentence I impose will be a CCO for each young offender.
135Having balanced and weighed the necessary considerations, in my view, the combination of youth, delay, pleas of guilty and their suitability for such a disposition compel such an outcome. A CCO provides a more flexible sentencing option, enabling both punishment and rehabilitation purposes to be served together. This principle was expressed in the way that I have just mentioned in Boulton:[21]
'This significantly diminishes the conflict between sentencing purposes,
particularly acute in relation to young offenders. No longer will the court be
placed in the position of having to give less weight to denunciation, or
specific or general deterrence, in order to promote the young offender’s
rehabilitation. Rather, the court will be able to fashion a CCO which
adequately achieves all of those purposes.'
[21]Boulton v The Queen (2014) VR 308.
136It appears to me that I can denounce each offender's conduct, punish them, deter others as well as them, and foster any conditions that might assist in their reform by imposing a CCO with conditions.
137I have not reached the state of satisfaction necessary that the disposition of last resort, namely imprisonment, has been reached for any of them. It seems that they are maturing and on the cusp of consolidating some significant milestones in their lives. With guidance and the benefit of a complete scaffolding and a wide range of supports under the auspices of the CCO, it is hoped the community can be protected long-term in that most enduring of ways, that is through the reform of a young offender.
138In my view the offending is simply too serious and the considerations under s8 of the Sentencing Act are not enlivened such that I would be persuaded to exercise my discretion not to convict Mr Taleb. All orders that I impose will be with conviction.
139Not all CCOs will be equal in terms of duration and obligation. This reflects differences in role, prospects and specific needs. Each order is calibrated with an eye to parity, but also I set specific requirements for each accused which include the perceived frequency and nature of supervision by the Office of Corrections, and, indeed by me.
140I hope all men in the dock treat this as an opportunity and not a burden.
Mohammed Abou-Eid
141Providing he consents, I intend to convict and place him on a community corrections order for a period of 14 months.
142Every community corrections order, including this one, contains core conditions – they are:
(a) He must not commit another offence punishable by imprisonment during the period of the order.
(b) He must comply with any obligation or requirement prescribed by the regulation.
(c) He must report to, or receive visits from, the Secretary during the period of the order.
(d) He must report to Broadmeadows Community Correction Services within two working days of the commencement of the order.
(e) He must notify the Secretary of any change of address or employment within two working days after the change.
(f) He must not leave Victoria except with the permission from the Secretary and he must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that he complies with the order.
143The conditions that apply in addition to those mandatory ones are helpfully informed and guided by the specific recommendations of the CCO assessor:[22]
(a) he will be the subject of supervision by the Office of Correction;[23]
(b) he will complete 100 hours of unpaid community work over the duration of that order. [24]
(c) In order to encourage him I propose to order 30 hours of treatment and rehabilitation successfully undertaken are to be counted as hours of unpaid community work for the purposes of the unpaid community work condition.
(d) He is to undergo assessment and treatment including testing for drug and alcohol dependency as required.[25]
(e) He will be excluded from Crown Casino for the duration of the order.[26]
[22]Exhibit MA-E-7: CCO Assessment Report (Abou-Eid)
[23]Supervision condition in accordance with s.48E of the Sentencing Act 1991.
[24]Unpaid Community Work in accordance with s.48C of the Sentencing Act 1991. See also s.48CA of the Sentencing Act 1991.
[25]Treatment and Rehabilitation – any assessment and treatment (including testing) for drug abuse or dependency in accordance with s.48D (3) (a) of the Sentencing Act 1991.
[26]Exclusion condition s.48H of the Sentencing Act 1991.
144I have declined to impose a non-association clause.
145If he were to breach the order in any way, either by committing another offence or by not complying with any of the core conditions, or the special conditions, he could be charged with breaching the order. The offence of breaching a CCO carries a maximum penalty of three months' imprisonment. So if he was to breach the order he would come back to court to be sentenced by me for that breach, and also to be re-sentenced before the court for the offences he has just been sentenced for.
146I can only make that order with consent. Mr Abou-Eid, would you be kind enough to stand up? Do you consent to the making of an order in those terms?
147OFFENDER ABOU-EID: Yes.
148HIS HONOUR: Thanks very much. Take a seat.
149I am sorry gentlemen there is some repetition but it is necessary for you to each understand what your obligations will be under these orders, so I will repeat the conditions again, this time for Mr Sayah.
Ehab Sayah
150Providing consent is forthcoming, I will place him on a CCO with conviction for 18 months. The core conditions are:
(a) He must not commit another offence punishable by imprisonment during the period of the order.
(b) He must comply with any obligation or requirement prescribed by the regulations.
(c) He must report to, or receive visits from, the Secretary during the period of the order.
(d) He must report to Derrimut[27] Community Correction Services within two working days of the commencement of this order.
(e) He must notify the Secretary of any change of address or employment within the two days after that change.
(f) He must not leave Victoria except with the permission from the Secretary.
(g) He must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure he complies with the order. Those are the core conditions.
[27]Later altered to reflect Broadmeadows is the correct OOC office.
151Other conditions are as follows:
(a) he be subject of supervision by the Office of Corrections;
(b) he completes 140 hours of unpaid community work over 18 months.
(c) In order to encourage him I propose to order 40 hours of treatment and rehabilitation successfully undertaken will come off his unpaid community work. Do 40 hours, it comes off the 140 hours.
(d) He is to undergo assessment and treatment including testing for drug abuse and dependency as directed.
(e) He will be excluded from Crown Casino.
(f) Because of his needs, he will be subject to judicial monitoring. He will be the only one of the three accused subject to that condition. I will set the first date for judicial monitoring in two months' time.[28]
[28]Judicial monitoring condition s.48K of the Sentencing Act 1991. Later confirmed to be 5 September 2024
152If he were to breach the order in any way, either by committing another offence or by not complying with any of the core conditions, or the special conditions, he could be charged with breaching the order. The offence of breaching a CCO carries a maximum penalty of three months' imprisonment. So if he were to breach the order he would come back to court, be sentenced for the breach offence and re-sentenced for these offences that I have just dealt with.
153Could you be kind enough to stand up thanks Mr Sayah. Do you consent to an order being made in those terms?
154OFFENDER SAYAH: Yes.
155HIS HONOUR: All right, thanks very much.
Mahmoud Taleb
156Finally Mr Taleb, and I make this clear. I have taken the five days into account not as PSD because this will not be a combination sentence. It is a matter I have taken into account when determining what the nature of the disposition is and the duration and onerousness of the order, given some of the purposes of sentencing have already been achieved.
157It will obviously be taken into account in the event that there is a breach, but
Mr Jackson, will we reach that point?158MR JACKSON: No. Ever.
159HIS HONOUR: Providing there is consent, I will place him on a CCO with conviction for a period of 10 months.
160Every order has core conditions and these are the core conditions that apply to Mr Taleb.
(a) He must not commit another offence punishable by imprisonment during the period of the order.
(b) He must comply with any obligation or requirement prescribed by the regulations.
(c) He must report to, or receive visits from, the Secretary during the period of the order.
(d) He must report to Broadmeadows Community Correction Services within two days of the order commencing.
(e) He must notify the Secretary of any change of address or employment within the two days.
(f) He must not leave Victoria except with permission.
(g) He must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure he complies with the order.
161The CCO has been particularly of assistance in shaping the additional conditions to be placed on Mr Taleb's order and they will be brief.
(a) he is to complete 80 hours of unpaid community work over the duration of the order;
(b) he will be excluded from Crown Casino.
162No other conditions were recommended and no other conditions will be implemented.
163A breach of that order in any way by committing another offence or not complying with the order, means that this accused, Mr Taleb, could be charged with the offence of breaching a community corrections order which carries a penalty of three months' imprisonment. Not only would you be coming here to face breach proceedings and be re-sentenced for the offence of CCO, this whole process would be started again and you would be re-sentenced for the offences that you have pleaded guilty to.
164Do you consent, Mr Taleb, if you can stand up, to an order being made in those terms?
165OFFENDER TALEB: Yes.
166HIS HONOUR: Thank you very much.
s.6AAA Sentencing Act declaration
167So that you all are well aware of what your plea of guilty saved you,
168Mr Abou-Eid, had you not pleaded guilty, would be sentenced to a term of imprisonment of 18 months and I would have set a non-parole period of nine months.
169Mr Sayah would have been imprisoned for two years and I would have set a non-parole period of 14 months.
170Mr Taleb would have received a straight sentence of eight months.
171I am told there is an ancillary order in terms of the forfeiture and disposal of the knife.
172MS CROXFORD: Yes, Your Honour.
173HIS HONOUR: If there's no objection to that order being made.
174MR GOODENOUGH: No, no objection, Your Honour.
175HIS HONOUR: All right. Are there any other matters that I need to deal with?
176MS CROXFORD: No, Your Honour.
177HIS HONOUR: I am sorry it's taken a bit longer than an hour, there was a bit to cover. I will wait until the orders are printed out. I will come back on the Bench, I'll sign them and then I'll allow you to each review them and taken them to your client, but we should be done within the next 10 minutes or so.
178COUNSEL: As Your Honour pleases.
179(Short adjournment.)
180HIS HONOUR: Has counsel had an opportunity to review the orders?
181COUNSEL: Yes, Your Honour.
182HIS HONOUR: And are satisfied that they reflect what I said?
183COUNSEL: Yes, Your Honour.
184HIS HONOUR: All right, would you be kind enough to take them down to your clients then and have them signed. I am sorry – you go.
185MR RANJIT: Sorry, I was waiting for the orders, Your Honour, so I could take it to my client.
186HIS HONOUR: All right, Mr Brown is quick but not that quick. The CCO report said Derrimut I think, for your client, and it should be Broadmeadows.
187MS EDWARDS: Yes, and I think, I should have clarified that but it should have been Broadmeadows, so thank you for amending that, Your Honour.
188HIS HONOUR: That's all right.
189MS EDWARS: May I approach my client, Your Honour?
190HIS HONOUR: Yes, all of you please.
191MR JACKSON: May I be excused Your Honour?
192HIS HONOUR: Yes. Thanks, Mr Jackson. Thanks, well those orders are now finalised.
193The judicial monitoring for Mr Sayah will be on 5 September 2024 at 9.30 am, we'll be on circuit so that will be done remotely.
194MS EDWARDS: As Your Honour pleases.
195HIS HONOUR: Are there any other orders?
196MS EDWARDS: No, Your Honour.
197HIS HONOUR: Can I repeat what I said, I am very grateful to the way that this case was conducted. To the young men in the dock, there are a number of people in this court who are heavily invested in you who expect better, and I expect you can do better. I hope the only time that I see any of you will be Mr Sayah on judicial monitoring and that will be an entirely uneventful process.
198Thanks for your patience everyone but you can go and have a weekend now.
199COUNSEL: As the court pleases.
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