Director of Public Prosecutions v Ahmed

[2022] VCC 1106

IN THE COUNTY COURT OF VICTORIA

AT Melbourne

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

CR 22-00325

DIRECTOR OF PUBLIC PROSECUTIONS

v

MASUUD AHMED

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JUDGE:	HIS HONOUR JUDGE DYER
WHERE HELD:	Melbourne
DATE OF HEARING:	14 July 2022
DATE OF SENTENCE:	18 July 2022
CASE MAY BE CITED AS:	DPP v Ahmed
MEDIUM NEUTRAL CITATION:	[2022] VCC 1106

REASONS FOR SENTENCE
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Subject:Criminal law

Catchwords:   Intentionally cause injury; Early plea of guilty; Diagnosed

schizophrenia; Verdins principles 1 - 5

Legislation Cited:  Crimes Act 1958 s 18

Cases Cited:R v Verdins; R v Buckley; R v Vo [2007] VSCA 102;

Williams v The Queen  [2018] VSCA 171

Sentence:  347 days imprisonment

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr T. Crouch	Director of Public Prosecutions
For the Accused	Mr L. Robertson	Victoria Legal Aid

HIS HONOUR:

1On 14 July you, Masuud Ahmed, pleaded guilty to a single count of causing injury intentionally contrary to s18 of the Crimes Act 1958.  The particulars of your offending are set out in the summary of the Prosecution Opening dated 23 June 2022 which was tendered in evidence.[1]  Additionally, CCTV footage taken at the time of your offending on 5 August 2021 was also tendered.[2]

[1]Exhibit A

[2]Exhibit B

2In short, you demanded entry to your victim's unit which was part of a group of units in Mount Waverley where you had resided since mid-June of 2021.  You demanded entry to his unit and then revealed that you were holding a large, serrated bread knife.  You demanded that your victim sit on the bed and put his phone down.  You used words such as 'let's talk', 'put down and talk', 'or else I will use this' (holding up the knife).  Your victim was pleading with you and screaming whilst you moved in an erratic manner, swinging the knife multiple times.  Your victim managed to escape and fled the unit without his glasses or his shoes.  He went next door and another occupant of those premises called the police.

3As a result of your violent attack, your victim received a 4-centimetre laceration to his chin.  Fortunately for both your victim and yourself, there were no further physical injuries.

4Nevertheless, due to concerns about your victim's blood pressure increasing, he was taken by ambulance to hospital and subsequently discharged on the same day.  There was no victim impact statement provided to the court. 

5The maximum penalty for your offending is 10 years' imprisonment.  There are no prior convictions alleged against you, and I note that you have pleaded guilty at an early stage and the prosecution concedes that you are entitled to the benefit of that early plea of guilty. 

Your personal circumstances

6As to your personal circumstances, you are currently 26 years of age and were 25 at the time of your offending.  You are a single man with no dependants and you were born in Kenya in January 1996.  You are part of a large family and you are the eldest of 13 children.  You were raised in a supportive and loving family and your father in particular is clearly very supportive of you, having flown to Australia from Kenya to be present at your plea hearing and I note your father is present in court today.  Your mother has suffered chronic health problems in recent years, but nevertheless I accept that you have received significant support from your mother, in addition to your father, and your other siblings. 

7Following the conclusion of your secondary studies in Nairobi, you came to Australia in 2019 on a student visa to study information technology at Deakin University.  You engaged in this course until mid-2020 when you changed to a carpentry course at Della International College, where you attended between September 2020 and early July 2021.  During your studies in Australia, you also worked part-time as a disability support worker from late 2019 until July 2021.

8Sadly, during your time in Australia your use of cannabis increased and your mental health deteriorated, requiring hospital admissions to the Austin Hospital in mid‑2020 where you were diagnosed with what is described as 'first episode psychosis'.[3]  You were later admitted to Box Hill or Maroondah Hospital between 8 and 15 June 2021 where you were diagnosed with 'suspected brief psychotic episode was thought to be possibly drug-induced, despite negative drug screens.”[4]

[3]Exhibit 5, Psychiatrist report from Dr Pandurangi dated 30 June 2022

[4]Ibid

9Details of your psychiatric state are contained in the report from Dr Pandurangi noting that you have been diagnosed with schizophrenia, and whilst you have a history of cannabis abuse, your underlying illness is not causally associated with substance abuse.  In particular, I note that there was no evidence suggesting any abuse of an illegal substance at the time of your offending.

10Mr Robertson, who appeared on your behalf at your plea hearing, tendered very supportive references from Chief Wangari, your father, Abdirahman Ahmed Mohamed, and Mr Jacob Maturi, the head teacher at your primary school.[5]  Further, a letter from the chief executive officer of the Della International College confirms your competency in a number of carpentry subjects which were completed prior to your offending. 

[5]Exhibits 1, 2 & 3

11Following your arrest in August 2021, you were remanded in custody.  On 25 August 2021, your student visa was cancelled and I accept that your ability to remain legally in Australia following your release is best described as uncertain.

Sentencing considerations

12As to sentencing considerations, I accept that you have entered an early guilty plea and I further accept that you have demonstrated remorse for your offending.  I note in particular from the time you commenced to reside in Mount Waverley you were exhibiting strange behaviour which was consistent with the subsequent diagnosis of schizophrenia. 

13In those circumstances, I accept the relevant principles which are described in the Court of Appeal's decision in the case of Verdins, being limbs 1 to 5, set out in that judgment are enlivened.  I also accept that there are strong prospects for your rehabilitation, particularly given the support from your family, your relative youth, your compliance with current mental health treatment, and your earlier positive work history and absence of prior convictions.

14Mr Robertson submitted that your offending should fall within the lower end of the range of offending constituting intentional causing of injury.  Having viewed the CCTV footage of your offending and noting the obvious terror caused to your victim, I do not regard this offending as at the lower range, but rather as mid-range offending.  By way of balance I note that your offending has caused considerable hardship to you in terms of your pre-sentence detention and the prospect of deportation looming large in your future.

15I have noted the comparable cases referred to by Mr Robertson, and in particular Williams v The Queen[6] where the Court of Appeal imposed a community corrections order on an offender who had been in custody for some 15 months at the date of the court's decision.

[6][2018] VSCA 171

16The prosecution through Mr Crouch accepts that a sentence of time served would be within the range of acceptable sentencing dispositions.  Noting the added benefit to the community of your plea of guilty during the period of the COVID-19 pandemic, I accept that such a sentence is appropriate in your circumstances.  You have served close to a year in pre-sentence detention.  My calculation is that you have served 347 days in pre-sentence detention up to today's date but not including today.

17I therefore propose to sentence you as follows:

18On the single charge of causing injury intentionally contrary to s18 of the Crimes Act, you are convicted and sentenced to 347 days' imprisonment.

19I declare that you have served 347 days in pre-sentence detention not including this day, and I direct that the pre-sentence detention be deducted administratively.

20Further, I make the forfeiture order sought pursuant to s33(1) of the Confiscation Act 1997, being that the property referred to in the schedule of the forfeiture order, one pair of black leather gloves, are forfeited to the Minister.

21I declare pursuant to s6AAA of the Sentencing Act 1991 that but for your plea of guilty I would have been sentenced you to a term of imprisonment of two years and six months with a minimum period of one year and three months before becoming eligible for parole.

22Now Mr Ahmed, do you understand I have sentenced you to imprisonment for the number of days that you have already served; do you understand that?   So you will be eligible for release from custody but what occurs from that time is a matter for other authorities and not for this court; do you understand that?   Can we unmute from your end, Mr Ahmed?  Do you understand the sentence I have imposed on you?   Mr Robertson, once I have left the Bench, I will leave the link open so you can have a discussion with your client.  You appear to be unmuted as far as we can tell, Mr Ahmed.  Is that the situation?

23OFFENDER:  Yes, Your Honour.

24HIS HONOUR:  All right.  Do you understand the sentence that I have imposed is the sentence of the time that you have served?

25OFFENDER:  Yes, Your Honour.  Thank you.

26HIS HONOUR:  All right.  I am going to adjourn now.  I will leave the link open so that Mr Robertson and no doubt your father may wish to have some discussion with you.

27MR ROBERTSON:  Thank you, Your Honour. 

28HIS HONOUR:  All right.  Thank you for your assistance, Mr Robertson and Mr Crouch.

29MR ROBERTSON:  As the court pleases.

30MR CROUCH:  May it please the court.

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