Director of Public Prosecutions v Alexandrou

[2019] VCC 539

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 18-00649

DIRECTOR OF PUBLIC PROSECUTIONS

v

DAMON ALEXANDROU

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JUDGE:	HIS HONOUR JUDGE LACAVA
WHERE HELD:	Melbourne
DATE OF HEARING:	11 February 2019
DATE OF SENTENCE:	12 February 2019
CASE MAY BE CITED AS:	DPP v Alexandrou
MEDIUM NEUTRAL CITATION:	[2019] VCC 539

REASONS FOR SENTENCE
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Subject: Attempted armed robbery
Sentence: Community corrections order - 2 years

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr M. Roper
For the Accused	Ms N. Menegas

HIS HONOUR:

1Damon Alexandrou, you have pleaded guilty to one charge of attempted armed robbery.  You have also pleaded guilty and consented to me dealing with two summary offences which are related.  They were charges of resisting an emergency worker on duty and committing and indictable offence, namely attempted armed robbery, whilst on bail.

2The maximum penalty for the charge of attempted armed robbery is 20 years' imprisonment and the maximum penalty for a charge of resisting an emergency worker is six months' imprisonment, and for committing an indictable offence whilst on bail the maximum penalty is three months' imprisonment.

3The circumstances of your offending are contained in a prosecution summary dated 25 January 2019.  That summary was read in open court by the prosecutor, Mr Roper, and it is not disputed that it is accurate.  It is therefore not necessary that I again set out that which is contained in the summary.

4On 27 August 2017 at 1.15 in the afternoon you attempted to rob the victim whilst holding and pointing at her an imitation firearm.  You asked her if she had any money and when she said no you said to her, "I've got a gun".  You soon after left the scene but there is no doubt that the circumstances of your offending were a traumatic experience for the victim involved.

5Your counsel, Ms Menegas, filed with the court a chronology and written submissions on your behalf which I marked as Exhibit 1 on the plea.  She submitted that in all the circumstances which I will shortly come to I should impose a disposition which sees you being immediately released from custody.  You have now served an agreed amount of pre-sentence detention for these matters of 427 days and you have also been detained and served terms of imprisonment in relation to other charges, raising the issue of totality.

6In summary Ms Menegas submitted that I should impose a sentence being a term of imprisonment of 427 days or time served together with an appropriately framed community corrections order.  That disposition was agreed by the prosecutor, Mr Roper, as being appropriate and within the range of appropriate sentences that I should impose.

7In her outline of submissions which it is not necessary that I here set out in detail Ms Menegas submitted that this offending was towards the lower end which submission I accept.  She submitted that at the time of offending you were likely suffering from psychosis and the effects of abusing illicit drugs, particularly methylamphetamine.

8You were not taking medication which had been prescribed to you.  I accept all of those submissions but I do not accept the submission that the sentence here should reflect moderation of the principle of general deterrence because of your mental health issues.  In my view that has not been shown to have had a direct causal effect on your offending and resulted in the offending.

9However, I do accept that because of your mental health problems which I will shortly come to that heavily influences the kind of sentence that I should impose.  You have pleaded guilty to the charges and I treat you as having done so at an early time.  You have saved witnesses from being cross-examined and in my view your plea of guilty does reflect your remorse and your acceptance of responsibility for the offending and you have saved the time and cost of a trial.

10All that is to your credit and for that you can expect and will receive a reduced sentence.  I received into evidence a psychiatric report from Dr Lester Walton dated 20 February 2018 together with a psychological report from Ms Gina Cidoni.  She saw you for that purpose at the Melbourne Assessment Prison on 2 November 2017.

11It is not necessary that I go into detail into the contents of those reports save to say that you have a well-documented history of having suffered from schizoaffective disorder and possibly bipolar aggravated by polysubstance abuse.  You also have a history of not complying with anti-psychotic medication.

12I accept the evidence contained in the reports of Dr Walton and Ms Cidoni and act on them accordingly.  Ms Menegas relied upon your background history.  You were born on 31 December 1975 and you are now 42 years of age.  You have a very limited criminal history although there are some matters that you were dealt with by courts subsequently to being charged with these matters which need to be taken into account.

13I think I said you were 42 years of age and you are now 43 years of age, I beg your pardon.  You prior to being incarcerated on these matters were residing in a Ministry of Housing flat in Ascot Vale and that address is no longer available to you.

14You were raised generally in the Mooroopna area and came from which might best be described I think as somewhat of a dysfunctional family background where your mother and stepfather were drug users exposing you at an early age to drug use.

15You have no current contact with family members and you have not had any long term relationships.  You have no dependents.  You had an education where you were an average student.  You attended Notre Dame College in Shepparton and later Karingal Technical School to Year 11.

16You have had various employment in martial arts and in the Australian Army and you have had some training in dealing with spare parts for trucks and also in locksmithing.  For the past 14 years you have been in receipt of a disability support pension.

17I think the obvious thing that stands out or the obvious issue that stands out in relation to this matter is that you need appropriate support when released from prison.  To that extent I have been informed by Mr Stirling from the Mental Health Advice and Response Service Coordinator at the Melbourne Magistrate's Court that upon release you will be placed on an inpatient assessment order and cared for by Forensicare staff.

18When released today you will be taken from the court and assisted by that service.  In all the circumstances and having regard to all the evidence that I have received here I am of the view that the course submitted for by your counsel, Ms Menegas, is the appropriate course.

19I note that that was supported by the prosecution.  To that end I have had you assessed for a community corrections order and the assessment has come back advising the court that you have been assessed as acceptable for the making of a community corrections order.

20On the charge of attempted armed robbery you are convicted and sentenced to a term of imprisonment of 427 days and upon release from prison this day I make a community corrections order with conviction for a period of two years.  There will be conditions of a rehabilitative nature for treatment and rehabilitation from drugs, mental health.

21There will be supervision and judicial monitoring together with - and you must obey and comply with any lawful instructions and recommendations made by West Area Mental Health Services.  Do you understand that?

22OFFENDER:  Yes, I do, thank you.

23HIS HONOUR:  The community corrections order means that you must not commit any offence punishable by a term of imprisonment for the period of the next two years.  Do you understand?

24OFFENDER:  Yes, I understand.

25HIS HONOUR:  You must comply with all the conditions.  Do you understand that?

26OFFENDER:  Yes, I do.

27HIS HONOUR:  Do you understand that if you do not you can be brought back and I have the power to resentence you?

28OFFENDER:  Yes, I understand that.

29HIS HONOUR:  Very well.  You will have to come back and see me for the first time on 10 July this year.  Do you understand?

30OFFENDER:  Yes.

31HIS HONOUR:  At 9.30.  My associate will give you a card with that date on it.  I will get a report in relation to your compliance with a community corrections order and if you have not complied I will have to deal with you.  Do you understand?

32OFFENDER:  Yes, I understand.

33HIS HONOUR:  It is a way of checking on you.  In relation to the charge of resist an emergency worker you are convicted and sentenced to imprisonment for a term of one month and in relation to the charge of commit an indictable offence whilst on bail you are convicted and sentenced to a term of imprisonment of one month.

34Each of those sentences is concurrent with the other sentence.  Any questions arising out of that?

35MS MENEGAS:  No, Your Honour has made it clear that your intention is for Mr Alexandrou to be released today but just confirming Your Honour is formally reckoning 427 days as time served?

36HIS HONOUR:  I am sorry?

37MS MENEGAS:  Your Honour announced the 427 days of imprisonment.

38HIS HONOUR:  Correct.

39MS MENEGAS:  Just confirming that it is reckoned as time served just for the sake of completeness, Your Honour.  Your Honour's intention was clear.  I am just confirming.

40HIS HONOUR:  In case it is not clear I declare that 427 days be reckoned as having been already served under the sentences passed this day be entered into the records of the court and be deducted administratively.  I have been asked to make a forensic sample order which was not opposed and for the reasons set out in it I have signed that order together with a disposal order which was not opposed.

41For the purposes of s.6AAA of the Sentencing Act I say that had it not been for your plea of guilty to these charges I would have imposed a total effective sentence of four years' imprisonment and I would have directed that you serve two years and eight months.

42MS MENEGAS:  Your Honour, I have been provided with a community corrections order.  May I approach the dock?

43HIS HONOUR:  Yes, certainly.  Mr Alexandrou, I have also signed what is called a forensic sample order and pursuant to that order you will have to report to I think it is Moonee Ponds Police Station within two months and furnish a sample from your body which is a scraping from your mouth.

44If you do not consent to that the police have the power to use reasonable force to take it.

45OFFENDER:  I do consent.

46HIS HONOUR:  Very well.  Will you explain those matters again to your client, Ms Menegas?

47MS MENEGAS:  I will, Your Honour.

48HIS HONOUR:  Thank you.  Very well, I have signed those orders.  That should result in your client being immediately released and taken into the appropriate facility, Ms Menegas.  Any other matters?

49MS MENEGAS:  No, Your Honour.

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