Director of Public Prosecutions v Alabbaoudy
[2023] VCC 2271
•7 December 2023
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-23-00954; CR-23-02026
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| YOUNIS ALABBAOUDY |
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JUDGE: | His Honour Judge Rozen | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 27 November 2023 | |
DATE OF SENTENCE: | 7 December 2023 | |
CASE MAY BE CITED AS: | DPP v ALABBAOUDY | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 2271 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Sentencing – Aggravated carjacking – Category 1 offence – Special reason due to intellectual disability – Youth – Importance of promoting rehabilitation recklessly causing serious injury – Community Correction Order – Justice plan condition
Legislation Cited: Crimes Act 1958 (Vic); Sentencing Act 1991 (Vic); Disability Act 2006 (Vic)
Cases Cited:R v Mills [1998] 4 VR 235; Kerney v The King [2023] VSCA 202; R v Verdins [2007] VSCA 102; Romero v The Queen [2011] VSCA 258; Muldrock v R (2011) 244 CLR 120; Wright v The King [2023] VSCA 243
Sentence: First indictment – Time served – Disposal order – Second indictment – 2 year CCO – s 6AAA declaration – First indictment – 18 months’ imprisonment with a non-parole period of 9 months – Second indictment – 6 months’ imprisonment
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms S. Holmes | Office of Public Prosecutions |
| For the Accused | Mr T. Brown | FJR Lawyers |
HIS HONOUR:
Introduction
1Younis Alabbaoudy, you have pleaded guilty before me to the following offences.
2In relation to the events which took place on 29 December 2022 (indictment N12816578):
(a) One charge of aggravated carjacking contrary to s 79A of the Crimes Act 1958 (Vic) (‘Crimes Act’) (charge 1) which carries a maximum penalty of 25 years’ imprisonment;[1] and
(b) One related summary charge of unlicensed driving contrary to s 18 of the Road Safety Act 1986 (Vic), which carries a maximum penalty of 60 penalty units or 6 months imprisonment (summary charge 4).[2]
[1] Crimes Act 1958 (Vic), s 79A(2).
[2] Road Safety Act 1986 (Vic), s 18(1A).
3In relation to the events which took place on 10 April 2023 (indictment P10756596):
(a) One charge of recklessly cause injury contrary to s 18 of the Crimes Act (charge 1) which carries a maximum penalty of 5 years’ imprisonment;[3] and
(b) One charge of theft contrary to s 74 of the Crimes Act (charge 2), which carries a maximum penalty of 10 years imprisonment.[4]
[3] Crimes Act 1958 (Vic), s 18.
[4] Crimes Act 1958 (Vic), s 74(1).
4You also pleaded guilty to two related summary offences in relation to the events of 10 April 2023, namely:
(a) Committing an indictable offence whilst on bail, contrary to s 30B of the Bail Act 1977 (Vic) (summary charge 4) which carries a maximum penalty of 30 penalty units or 3 months imprisonment;[5] and
(b) One charge of failing to comply with a direction given by a police officer under s 465AAA(2) of the Crimes Act (summary charge 5) which carries a maximum penalty of 2 years imprisonment.[6]
[5] Bail Act 1977 (Vic), s 30B.
[6] Crimes Act 1958 (Vic), s 465AAA (5).
Procedural History
5You pleaded guilty on arraignment to the charge on Indictment No N12816578 on 27 November 2023.
6During the course of your plea, it became apparent that you had an outstanding Magistrates’ Court matter concerning unrelated offending in April 2023. It was that offending that led to your bail being revoked.
7At the Court’s suggestion, and with the agreement of the parties, the hearing was adjourned briefly so that that matter could be transferred to this court so that I could sentence you on both sets of charges.
Summary of Offending on 29 December 2022
8I sentence you on the basis of the Summary of Prosecution Opening upon Plea which I note is an agreed summary.[7]
[7] Summary of Prosecution Opening upon Plea dated 16 January 2023 (Exhibit P1).
9On Thursday, 29 December 2022 at approximately 3:25 pm, you were captured by CCTV in the Station Street carpark at Thomastown Railway Station, wearing black Adidas runners, grey Nike branded tracksuit pants, a grey and black Nike hoodie, and a Nike black satchel bag.
10You walked through the carpark for a period, talking on your mobile phone and following members of the public to their vehicles.
11At approximately 4:17 pm the victim Mr Jose Um arrived at Thomastown Railway Station and walked to the northern end of the Station Street side carpark to his parked vehicle, a 2000 Green Subaru Forester with registration ending 5IF.
12At 4:20 pm you approached Mr Um holding a 20-30cm long, stainless-steel kitchen knife and said ‘give me the car or I’ll slash you’. Mr Um pretended he did not hear you correctly and you said ‘give me the keys or I’ll knife you’. This exchange placed Mr Um in fear; he gave you the keys, and got out of his car (Charge 1 – Aggravated Carjacking).
13You entered and started the vehicle, and drove north on Station Street. You did not have, and had never had, a valid licence to drive a motor vehicle in Victoria (Summary Charge 3 – Unlicensed Driving).
14Mr Um called triple-zero, and police attended and took a written statement.
15On Friday, 30 December 2022 at approximately 12:10 pm, police attended 16-18 The Boulevard, Thomastown, and located Mr Um’s vehicle in the communal driveway area at the rear of the unit block. The vehicle had had its number plates removed, and was identified as the stolen vehicle as it had distinctive rust and paint chipping on the bonnet.
16Police attended Unit 2 of 16-18 The Boulevard and you were arrested. You provided consent for police to enter your home and directed them to the satchel bag you wore during the commission of the offence, which contained the keys to the stolen vehicle. Police also seized the clothes you wore, and the knife you used, during the commission of the offence. Your mother was present when the items were seized.
17You were transported to Melbourne West Police Station for interview. You stated that the seized clothes were yours but did not make admissions; you claimed to have no involvement in the offence. You said you had never seen the vehicle and could not explain why it was located at your address. You continued to deny your involvement after being shown CCTV images.
18Whilst you were in custody your DNA was obtained. On 1 January 2023, Mr Um’s vehicle was forensically examined, and your fingerprints were located on the front passenger window and rear passenger window.
19On this same date, police were informed by your family that the vehicle registration plates ending 5IF had been located by a neighbour in the garage behind a couch. Police seized the plates and on 3 January 2023 they were forensically examined. It was observed that one of the registration plates was bent, and your fingerprints were found on the bent plate.
20On 4 January 2023 the vehicle ending 5IF, the car keys and the vehicle registration plates were returned to Mr Um.
21You were remanded in custody from 30 December 2022 until 5 January 2023 when you were granted youth justice bail. On 10 April 2023 your bail was revoked and you have been remanded in custody since that time.
Summary of Offending on 10 April 2023
22I sentence you on the basis of the Prosecution Opening for Plea which I note is an agreed summary.[8]
[8] Summary of Prosecution Opening upon Plea dated 4 December 2023 (Exhibit P2).
23On 10 April 2023 you were at Daily Fresh Fruit and Vegetables in Thomastown, a shop owned by your father Mr Hasanian Abboodi. The co-accused in this matter, Mr Thanh Danh Phan, was also present
24The victim Mr Jalal Abboudakahn attended to collect some clothes which he had organised with your father, Mr Abboodi, to have washed at the fruit shop. Mr Abboudakahn is a friend of your father’s and known to you, but had only met Mr Phan on a few occasions.
25On his way to the shop Mr Abboudakahn observed an assault occurring, and contacted triple-zero to report it. He was still on the phone as he arrived at the fruit shop. Mr Phan and yourself began to call Mr Abboudakahn names like dog and snitch, believing him to talking about you to the police.
26Mr Abboudakahn tried to explain that he was reporting an unrelated matter, however the two of you continued to call him names. When Mr Abboudakahn walked to the back of the shop to wash his hands, you began punching and kicking him (Charge 1 – Recklessly Cause Injury).
27Mr Abboudakahn fell to the ground and Mr Phan and you continued to punch and kick him. Mr Phan picked up a shovel and struck Mr Abboudakahn in the back of the head.
28Mr Abboudakahn managed to run out the back entrance of the shop and to Thomastown Railway Station where police and ambulance attended. Mr Abboudakahn was transported to Royal Melbourne Hospital where he received treatment. His front tooth was knocked out, and he sustained multiple bruises and lacerations. Mr Abboudakahn also dropped his phone during the incident.
29On 11 April 2023, at approximately 8:00 am, police attended the fruit shop, where they observed numerous blood droplets throughout the store. You were arrested without incident at your place of residence next door.
30At approximately 11:00 am police returned and executed search warrants on both premises. Mr Abboudakahn’s tooth was located at the rear of the shop. In the bedroom where you were arrested police located two phones: your Apple iPhone, and an iPhone 11 belonging to Mr Abboudakahn (Charge 2 - Theft). In a laundry cupboard police located and seized the blood-stained white hooded jumper and camouflage tracksuit pants which you wore during the incident.
31Police seized your phone and made a direction to you pursuant to s 465AAA (2) of the Crimes Act to provide your access code, however you failed to do so (Summary Charge 5 – Fail to comply with direction to assist).
32Whilst in custody, police photographed your hand, which showed an abrasion on your right thumb and index finger.
33You denied your involvement to police and said you did not wish to speak to them about the incident.
34You were on bail at the time of this offending (Summary Charge 4 – Commit indictable offence whilst on bail).
Objective Gravity of the Offending
First Indictment
35Aggravated carjacking is a very serious offence. This is evident from the maximum penalty of 25 years’ imprisonment.
36As the prosecution have stated in their written submissions, your offending on 29 December 2022 was committed in broad daylight, in the middle of the afternoon, and you used a knife and threats of violence to intimidate a stranger, Mr Um, in what was undoubtably a terrifying experience for him.
37While it has been conceded by the prosecution that there was a lack of sophistication to your offending, your bringing the knife and loitering in the carpark until an appropriate victim appeared, is evidence of some planning and premeditation.
38On balance I assess yours as a low to medium instance of the offence of aggravated carjacking. You were on your own and while you threatened to use the knife to ‘slash’ Mr Um, you did not place the blade near his person as sometimes occurs in such cases.
Second Indictment
39In relation to the offending on 10 April 2023, this was an unprovoked attack by you and your co-offender on an unarmed man. I note that you used your fists and not a weapon as he did. The injuries sustained by the victim are relatively minor although the ordeal must have been very frightening for him. Again, I assess this as low to mid-level offending.
40The theft of the phone was opportunistic and unplanned.
41It is an aggravating feature of the offending that you were on bail at the time. However, as this is the subject of a charge, you must not be punished twice.
Personal Circumstances
42You are 19 years of age now, and were 18 at the time of the offending.
43You were born in Shepparton, and grew up in the family home with parents, Hasanian Abboodi and Samira Mahmood, and your twin brother, Yousif. Your family moved to Iraq when you were 18 months old, where you lived for five years before returning to Australia.
44You did not attend kindergarten, and your speech and language development were delayed. After returning to Australia you began your schooling in Shepparton and concerns were raised about behavioural difficulties as early as 2014. You report being the victim of a number of assaults around the age of 15, resulting in at least five bouts of unconsciousness. You have said that you are not a fighter, but that fights come to you.
45You did not complete school; you describe being ‘pushed through’ year 10, and left school in the first week of year 11.
46In response to the difficulties and bullying you were facing in the school environment, in 2019 your parents decided that you should spend some time with family in Iraq. What was originally intended to be a 40-day trip, turned into an 18-month ordeal where Covid-19 prevented you from returning to Australia and your family. Your parents describe you as experiencing ‘the worst life has to offer’ during this period.
Intellectual Functioning and Mental Health
47You have undergone a number of assessments through your childhood and teenage years, and most recently you were assessed by clinical psychologist Dr Paul Grech.[9]
[9] Psychological Report of Dr Paul Grech, dated 17 November 2023 (Exhibit D1).
48Dr Grech reports that you are functionally illiterate and exhibited early behavioural difficulties, moderate difficulties in receptive language and severe difficulties in expressive language. He reports that you have poor social skills and are very easily agitated and can become aggressive. He draws on a 2018 report in which psychologist Lisa Francis assessed you as having a full-scale IQ of 68, indicating a mild intellectual disability.
49You have a family history of mental illness, and report a significant history of substance abuse. You report that you started using cannabis at 13 years of age, and that this lead to methamphetamine use. Prior to your offending you report using approximately one gram of methamphetamine per day.[10]
[10] Community Correction Order Assessment Outcome Report, 2.
50You also report multiple head injuries around the age of 15, for which you were hospitalised and recall experiencing ‘massive headaches’, fatigue and oversleeping in the months following.
51Dr Grech’s opinion following examination of relevant medical documentation, and psychological assessment, is that you suffer from adult ADHD, a substance abuse dependency, that you exhibit the hallmarks of an intellectual (and functional) disability, and that it is likely you suffer from an acquired brain injury.
52Dr Grech expresses the following opinion about the impact of your intellectual disability on your offending:
…Mr Alabboudy’s capacity to make sound judgments at the time of the offending was substantially impacted by his mental retardation, intellectual disability, adaptive impairment, the likelihood of an acquired brain injury, the history of significant traumas and significant mental illness (depression and adult ADHD) and recurrent drug dependency[11]
[11] Exhibit D1.
53Dr Grech also opines that ‘Verdins principles are highly relevant in this case’.[12]
[12] Ibid.
Matters in Mitigation
Youth and Prospects of Rehabilitation
54You were 18 when you committed these offences and are now 19. You have your whole life ahead of you. It is well established when sentencing youthful offenders such as you that:
… rehabilitation is usually far more important than general deterrence. This is because punishment may in fact lead to further offending. Thus, for example, individualised treatment focusing on rehabilitation is to be preferred. (Rehabilitation benefits the community as well as the offender.)[13]
[13] R v Mills [1998] 4 VR 235, 241.
55Despite multiple assessments and reports during your young life, it does not appear that any consistent treatment or psychological support plan has been put in place. Dr Grech is of the opinion that you would benefit from instruction in cognitive-behavioural techniques to reduce anxiety, improve your emotional state, improve your concentration, and manage your anger.
56Dr Grech reports that your mental state and mood have improved since being completely drug-free in custody, and that you are interested in addressing longstanding mental health and neuropsychological issues.
57On the positive side, you have the support of a loving family. Your twin brother has informed the Court that he considers your offending behaviour on 29 December 2022 was ‘completely out of [your] character’.[14] However, this assessment must be considered against your further violent offending in April 2023.
[14] Letter to the Court from Yousif Alabboudy undated (Exhibit D6).
58According to the CCO suitability report, you intend to live with your parents when you are released from custody and you have a job awaiting you in the family fruit-shop.[15]
[15] Community Correction Order Assessment Outcome Report dated 1 December 2023, 2.
59Your intellectual disability and consequently impaired judgment as explained by Dr Grech are also relevant to my assessment of your prospects of rehabilitation.
60As at the date of your plea, you had not been assessed for suitability to receive services under the Commonwealth National Disability Insurance Scheme (NDIS). This was a matter I raised with your counsel.
61Since the matter was adjourned, your parents have been in touch with an accredited NDIS provider called Swift Aid. In a letter to the Court dated 28 November 2023,[16] Khaled Alghazi of that organisation states that he strongly believes that you are well suited to obtain services from the NDIS. Mr Alghazi further states that, upon your release from custody, the provision of appropriate services will commence.
[16] Exhibit D7.
62As the Court of Appeal has observed in a case with a number of similar features to yours, a funded support plan under the NDIS can operate in conjunction with a CCO to ‘enhance the prospects of rehabilitation and reduce significantly the prospects of reoffending’.[17]
[17] Kerney v The King [2023] VSCA 202, [62].
63On balance I consider that with the right supports, your prospects of rehabilitation are reasonable. I have ensured that the sentence I impose maximises those chances in your interests and those of the community.
Plea of Guilty
64In relation to the carjacking offence, you indicated your intention to plead guilty at the committal case conference. This is to your credit. In so doing, you have saved the time and resources of the prosecuting authorities and this Court and have spared witnesses and victims the need to give evidence in court.
65Your guilty pleas are a recognition by you of your responsibility for your offending.
Verdins
66In his written submissions, your counsel submitted on your behalf that all six ‘limbs’ of the so called Verdins principles apply to your case.
67In R v Verdins, the Victorian Court of Appeal explained that impaired mental functioning is relevant to sentencing in the following six ways:
(a) Limb 1 reflects that mental impairment may reduce the moral culpability, as distinct from the legal responsibility of an offender. This affects the punishment that is just in the circumstances, and means that denunciation is less likely to be a relevant sentencing objective;
(b) Limb 2 states that an offender’s impairment may have a bearing on the kind of sentence imposed and the conditions within which it is served;
(c) Limb 3 and 4 state that the nature and severity of symptoms, and effect of the impairment on the mental capacity of the offender, inform whether general or specific deterrence (respectively) should be moderated or eliminated as sentencing considerations;
(d) Limb 5 recognises that the existence of an impairment may result in the sentence being more onerous for the offender than it would be on someone in normal health; and
(e) Limb 6 states that if imprisonment will result in a serious risk of adverse consequences to an offender’s mental state, this will be a factor that tends to mitigate punishment.[18]
[18] R v Verdins [2007] VSCA 102, [32] (‘Verdins’).
68Your counsel referred to the case of Muldrock v The Queen which demonstrates that these principles which apply to impairment based on mental health also apply to mental impairment as a result of intellectual disability.[19]
[19] (2011) 244 CLR 120 (‘Muldrock’).
69Generally, for the Verdins principles 1-3 to apply, the impairment of mental functioning must contribute to, but need not have caused, the offending behaviour. This means that it must be established that the offender’s disablement had the effect of ‘impairing [their] ability to exercise appropriate judgment or impairing [their] ability to make calm and rational choices, or to think clearly at the time of the offence’.[20]
[20] Romero v The Queen [2011] VSCA 258, [13].
70However, in Muldrock the High Court stated that this question of causal link will be less likely to arise in the case of an offender with an intellectual disability. This is because the lack of capacity to reason, as a person without such a disability might, as to the wrongfulness of their conduct, will substantially lessen the offender’s moral culpability in most circumstances.[21]
[21] Muldrock (n 19) [54].
71As noted, Dr Grech’s opinion is that your capacity to make sound judgements at the time of the offending was substantially impacted by your disability and circumstances which I have described. He states that your disability, youth, immaturity and previous susceptibility to being assaulted has resulted in your time thus far, and any additional time in custody, as being more onerous than for an offender without these characteristics.
72I accept on the evidence before me that you are entitled to the full benefit of the Verdins principles and the principle in the case of Muldrock. This means that:
(a) both general and specific deterrence should be moderated significantly as sentencing considerations; and
(b) the time you spend in custody is to be calculated having regard to the likelihood that it will be particularly difficult for you and that it is likely to exacerbate your mental health conditions.
Remorse and Insight
73During your assessment with Community Corrections you have been forthcoming and demonstrated insight into your behaviour. You have expressed a wish to avoid those who have encouraged your pro-criminal behaviour, and focus on work and family.[22] This is to your credit.
[22] Community Correction Order Assessment Outcome Report dated 1 December 2023, 2.
Relevant Sentencing Principles
74Aggravated carjacking contrary to s 75A of the Crimes Act is a category 1 offence. Therefore, section 5(2G) of the Sentencing Act1991 (Vic) (‘Sentencing Act’) requires the court to make a custodial order under Division 2 of Part 3 (other than a combination sentence under s 44).[23]
[23] s 5(2GA) has no application to this case.
75Additionally, section 10AD of the Sentencing Act requires the court to impose a term of imprisonment and fix a non-parole period of not less than 3 years, unless a ‘special reason’ exists under s 10A of the Act.
76Your counsel submits, and the prosecution concedes it is open to the court to find,[24] that a special reason exists under s 10A(1)(b), given you have an ‘intellectual disability within the meaning of the Disability Act 2006’ and that the disability is causally linked to the commission of the offence and substantially and materially reduces your culpability.[25] I accept these submissions, and find that a special reason exists.
[24] Supplementary Prosecution Submissions dated 4 December 2023, [2].
[25] S 10A(2)(c)(i).
77The prosecution position is that notwithstanding the establishment of an exception to s 10AD, s 5(2G) continues to operate. The defence ultimately did not take issue with this submission.
Justice Plan
78Section 80 of the Sentencing Act empowers the court in a case involving an intellectually disabled offender to attach a condition to a CCO directing that the offender participate in the services specified in a plan prepared under s 80(3)(c). Such services are aimed at reducing the likelihood of the offender committing further offences and are in accordance with the objectives and principles of Part 2 of the Disability Act 2006 (Vic). (s 80(3)(c)). This is known as a ‘Justice plan condition’. Any such condition may apply for a period of up to two years (s 80(4)).
79A justice plan must be reviewed by the Secretary not later than one year after the CCO commences (s 81(1)).
Consideration
80You have spent 247 days in adult custody in circumstances which have been very challenging for you as it is your first experience of the custodial environment.
81I am unable to impose a CCO in respect of the carjacking offence as a matter of law. However, as submitted by your counsel,[26] it is open to the court to impose a combination sentence on the offences taken together provided the term of imprisonment does not exceed 12 months.[27]
[26] Further Defence Submissions on Plea dated 6 December 2023, [7].
[27] Wright v The King [2023] VSCA 243, [65].
82You have been assessed as suitable for a CCO. Corrections has endorsed the prospect of a Justice Plan being added to any CCO that the court imposes.[28]
[28] Community Correction Order Assessment Outcome Report dated 1 December 2023, 2.
83I consider that a CCO is an appropriate order to make in your case to promote your rehabilitation. It will also have an ongoing punitive effect.
84As part of my consideration in this case I have requested the various reports and statements listed in s 80(3) of the Sentencing Act. Upon receipt of those reports and statements, I will re-visit your case with a view to attaching a Justice Plan condition to the CCO that I impose on you today.
85That can only be done by varying the CCO by adding a new condition.[29] A CCO may only be varied if an application is made under s 48N of the Sentencing Act. I note the indication given in court today by your counsel to make such an application when the justice plan is provided which I understand will be on 12 January 2024. I have listed the matter for mention on 24 January 2024 at 9:30 am for this purpose.
[29] Sentencing Act 1991 (Vic), s 48M(2)(f).
86The court must impose a custodial sentence on you in relation to the aggravated carjacking offence. Taking into account the maximum sentence, the objective gravity and the various mitigating circumstances discussed earlier in these reasons especially your youth and that you have an intellectual disability, I consider that the time you have served in custody is an adequate period for you to serve.
87On charge 1 on the indictment N12816578 you are convicted and sentenced to imprisonment for 247 days.
88On the related summary offence of driving while unlicensed you are convicted and sentenced to one month in prison. This is to be served wholly concurrently with the sentence imposed on charge 1.
89As you have served 247 days in custody, and as all of that is available as pre-sentence detention under s 18 of the Sentencing Act, you are released from custody immediately.
90Turning to the offending in April of this year, I consider that a CCO is an appropriate sentence.
91The offences you committed in April 2023 are founded on the same facts. This means I can impose one CCO to cover all of the offences.[30]
[30] Sentencing Act 1991 (Vic), s 40(1).
92On the indictment P10756596, charge 1, recklessly causing injury, charge 2, theft and the two related summary offences of committing an indictable offence whilst on bail and failing to comply with a direction under s 465AAA(2) of the Crimes Act respectively, you are convicted and sentenced to a 2 year community correction order to commence upon your release from custody, with the following conditions:
(i)You must report to Reservoir Community Corrections within two working days of your release (by close-of-business on Monday, 11 December 2023);
(ii)You are to perform 100 hours of unpaid community work;
(iii)You are to engage in treatment and rehabilitation for drug and alcohol use as directed by the Secretary or their delegate;
(iv)You are to engage in mental health treatment as directed by the Secretary or their delegate;
(v)You are to be supervised as directed by the Secretary or their delegate;
(vi)60 hours of treatment is to count as unpaid community work.
93In accordance with the advice of Corrections I have not imposed a Judicial Monitoring condition. That advice is that Corrections will utilise its ‘internal compliance review mechanisms’ in the event of any non-compliance.
94Every CCO has the following general conditions:
• You must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment;
• You must comply with any obligations or requirement prescribed by the regulations;
• You must report to and receive visits from the Secretary or their delegate during the period of the order;
• You must report to the Community Correction Centre specified in the order within two clear working days after the order comes into force, that is, within two clear working days of the date when you are released from prison;
• You must notify the Secretary or their delegate of any change of address or employment within two clear working days after the change;
• You must not leave Victoria except with the permission of the Secretary or their delegate either generally or in relation to a particular case;
• You must comply with any direction given by the Secretary or their delegate that is necessary for the Secretary or their delegate to give to ensure you comply with the order.
95I cannot impose a CCO on you unless you consent. Do you consent Mr Alabbaoudy?
96I need to explain the consequences of breaching this CCO.
97You must understand, Mr Alabbaoudy, that if you contravene any of the conditions of the order, then that in itself is an offence punishable by a maximum of three months' imprisonment. Should that occur you will be brought back before this court and it is possible that, depending upon the circumstances, the order will be cancelled and you will be ordered to serve a term of imprisonment instead.
98Pursuant to s 18 of the Sentencing Act, I declare that the 247 days you have spent in custody is to be reckoned as time already served under this sentence and I cause that to be noted in the records of the Court.
99Pursuant to s 6AAA of the Sentencing Act, I state that but for your pleas of guilty, on the December 2022 offending I would have sentenced you to imprisonment for 18 months with a non-parole period of 9 months. On the April 2023 offending, I would have sentenced you to 6 months’ imprisonment.
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