Director of Public Prosecutions v Alexiou

[2019] VCC 897

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 18-01177

DIRECTOR OF PUBLIC PROSECUTIONS

v

THEODORE ALEXIOU
SANJESH CHARAN
DARYL CROPLEY

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JUDGE:	HIS HONOUR JUDGE SMITH
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	19 June 2019
CASE MAY BE CITED AS:	DPP v Alexiou & Ors
MEDIUM NEUTRAL CITATION:	[2019] VCC 897

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms R. Champion
For Accused Alexiou	Mr H. Rattray and Mr S. Thomas
For Accused Charan	Mr M. Man
For Accused Cropley	Mr L. Richter

HIS HONOUR:

1Sanjesh Charan, you have pleaded guilty to one charge of blackmail, contrary to s.87 of the Crimes Act 1958 and one charge of theft, contrary to s.74 of that Act. You have also pleaded guilty to summary offences of driving a motor vehicle whilst your licence was suspended, possessing cartridge ammunition without authority and entering a private place without authority, otherwise known as trespass. You have consented to this court hearing those summary offence charges.

2Theodore Alexiou, you have pleaded guilty to one charge of blackmail, one charge of theft and one charge of attempted theft.  In addition, you have pleaded guilty to summary offences, namely driving a motor vehicle without a licence and entering a private place without authority or trespass.

3Daryl Cropley, you have pleaded guilty to one charge of false imprisonment, three charges of possessing a drug of dependence and one charge of negligently dealing with the proceeds of crime.  In addition, you have pleaded guilty to three summary offences, namely possession of prohibited weapons; namely a taser, knuckle dusters and a laser pointer; committing an indictable offence, namely false imprisonment whilst on bail and entering a private place without authority, otherwise known as trespass.

4Each of you admitted the accuracy of your criminal records tendered by the prosecution.

5The circumstances of respective offending were set out in some detail in the plea opening tendered by the prosecution as Exhibit A. In summary, your offending consisted of the following.

6As at 10 November 2017 you, Mr Charan, were apparently of the belief that you were owed money by your uncle, Ram Kishor.  Pursuant to an arrangement made between Mr Charan and Mr Cropley, the latter sent a number of messages to Mr Kishor using a false name, which stated, in effect, that he wanted Mr Kishor to perform electric work at a unit in Hillside Avenue, Dandenong North.  Mr Kishor was an electrician.  Mr Kishor agreed to attend at the unit at an agreed time, look at the job and provide a quote.  None of you owned, leased or had any right to enter the unit itself.  As arranged Mr Kishor drove to the unit, there he was greeted outside by Mr Cropley who invited him into the unit.  Once inside Mr Kishor was confronted by Mr Charan and
Mr Alexiou.

7The conduct whereby each of the three of you entered the unit constitutes the offence of entering a private place without authority or trespass.

8Mr Kishor was not permitted to leave the unit, that conduct constitutes the offence of false imprisonment against Mr Cropley.

9Once inside Mr Kishor was forced by Mr Charan and Mr Alexiou to sit on a chair in the kitchen for some time against his will.  Mr Alexiou helped force
Mr Kishor into that chair.  In Mr Alexiou's presence Mr Charan demanded that Mr Kishor give him $47,500.  This conduct constitutes the offence of blackmail, Charge 1, against Mr Charan and Mr Alexiou.

10Mr Alexiou removed Mr Kishor’s car keys from his pocket.  He then left the unit and went to where Mr Kishor’s car was parked nearby.  He removed
Mr Kishor’s wallet from that car.  The wallet included $1,500 cash and a credit card.  This conduct constitutes the offence of theft of the wallet, the money and the card by Mr Charan and Mr Alexiou, Charge 2.

11Later Mr Alexiou drove to an ATM, an automatic teller machine in Dandenong North where he attempted to use Mr Kishor’s bank card to withdraw money.  He was unable to do so.  It seems that he had been provided with the wrong pin.  The attempted withdrawals from the ATM for $1,000, for $400 and then for $200.  This conduct constitutes the offence of attempted theft against
Mr Alexiou, Charge 3.

12Meanwhile, Mr Charan had continued to pressure Mr Kishor to pay him money.  Mr Kishor was pressured to going to a bank in order to withdraw cash.  He advised Mr Charan that he would not be able to withdraw money from the bank unless he had his bank passbook.  Notwithstanding, Mr Charan insisted that he try to withdraw funds without the passbook and he, Mr Alexiou and Mr Kishor, drove to a nearby bank to attempt to withdraw funds.  Not surprisingly the bank teller advised Mr Kishor that he would need his passbook to withdraw funds from his account.

13Whilst at the ATM attempting to withdraw cash Mr Alexiou showed Mr Kishor a knife that he had concealed on him.  Mr Alexiou and Mr Charan drove
Mr Kishor to his home for the purpose of obtaining his passbook.  Once there Mr Kishor was permitted to go inside his home, effectively he raised the alarm with his wife, who arranged for their daughter to call police.

14Soon after, and whilst Mr Charan and Mr Alexiou were in the vicinity, police arrived in response to the call that had been made to them.  Mr Alexiou got out of the vehicle and ran away into one or more private properties.  Both he and Mr Charan avoided arrest at that time.

15The driving of motor vehicles on that day by Mr Charan and Mr Alexiou constituted summary charges of driving whilst their licences were suspended and driving without a licence, respectively.

16Some days later police executed a search warrant at Mr Charan's home.  A
.22 calibre round of ammunition was found there.  That conduct constitutes the summary offence of possession of ammunition without a permit.  Mr Charan was arrested and later participated in a record of interview with police.

17Mr Alexiou was arrested on 23 November2017 and also participated in a record of interview.

18Mr Cropley was arrested on 17 December 2017.  Police executed a search warrant at Mr Cropley's home and found on the premises a number of items, namely a resealable plastic bag containing 0.3 grams of crystals, which were later found to be 46 per cent pure methylamphetamine, or ice as it is commonly known.  Also one resealable plastic bag containing 7.3 grams of crystals, later found to be approximately 91 per cent pure methylamphetamine.  Also an ecstasy tablet and also approximately 1 gram of cannabis.  Those matters constituted the three offences of possessing a drug of dependence, namely methylamphetamine, ecstasy and cannabis.

19At Mr Cropley's home police also found two Apple iPhones, a Westpac card in the name of another person and a Victorian number plate.  These matters constitute the offence of negligently dealing with proceeds of crime.

20Police also there located prohibited weapons, namely a taser, a set of knuckle dusters and a laser pointer.  Mr Cropley agreed to participate in a record of interview.  Those offences that I have mentioned constituted the offence of possession of prohibited weapons without authority.

21It is not alleged that Mr Cropley was physically with Mr Charan or Mr Alexiou at the time that any knife was produced.

22At the time of this offending Mr Cropley was on bail in respect of unrelated offences, hence his offending here constituted the further offence of committing an indictable offence whilst on bail.

23The maximum penalties prescribed by Parliament in relation to these offences are as follows:  blackmail, 15 years' imprisonment; theft, 10 years' imprisonment; attempted theft, five years' imprisonment; false imprisonment,
10 years' imprisonment; possess drug of dependence, in particular cannabis, five penalty units - which is the equivalent to a fine of about $792; possess a drug of dependence, in the case of ecstasy one years' imprisonment; possess a drug of dependence, in this case methylamphetamine, one years' imprisonment; negligently dealing with proceeds of crime, five years' imprisonment; negligently dealing with - sorry, I am repeating myself.  Trespass, a fine of 25 penalty units; driving whilst suspended, a fine of 240 penalty units; possess cartridge ammunition without a permit, a fine of 40 penalty units; unlicensed driving, a fine of 60 penalty units; possess a prohibited weapon, fine of 240 penalty units or two years' imprisonment and committing an indictable offence whilst on bail, a fine of 30 penalty units or three months' imprisonment.

24Before I go further, Ms Champion, driving whilst suspended and unlicensed driving, for reasons that I cannot recall right now, I understood that the maximum penalty was the fine or a period of imprisonment.

25MS CHAMPION:  It is, Your Honour.  So drive whilst suspended.

26HIS HONOUR:  Yes.

27MS CHAMPION:  Is the 240 penalty unit fine or imprisonment for a period of two years.

28HIS HONOUR:  Two years?

29MS CHAMPION:  Yes.

30HIS HONOUR:  Yes and the unlicensed driving 60 penalty units or?

31MS CHAMPION:  Imprisonment of not more than six months.

32HIS HONOUR:  Thank you.

33MS CHAMPION:  Also, Your Honour, trespass.

34HIS HONOUR:  Yes.

35MS CHAMPION:  As well as the 25 penalty units is also punishable by imprisonment for six months.

36HIS HONOUR:  Yes, I was of the view.  Looking at these prior notes of mine I have left out the alternate, but that was my understanding.  Thank you for bringing that to my attention.

37Continuing where I left off.  A victim impact statement was provided by
Mr Kishor.  In it he states that the crimes have had a major effect on him and he cannot work because he is shaky, scared and unconfident.  He cannot eat properly and needs treatment, and he feels hurt and betrayed, sad, stressed, fearful, depressed, disappointed, victimised, isolated, tormented and lonely.  He has had trouble sleeping and he trembles while socialising.

38I will now turn to each of you individually. 

39Firstly in relation to Mr Charan.  You are aged 42 presently and at the time of the offending you were aged 40.  You were born in Fiji and later adopted by what I will refer to as adoptive parents.  You had a difficult and traumatic childhood, involving physical and emotional abuse, both as a victim and as a witness.  You grew up in poor economic circumstances.  You came to Melbourne with your adoptive family in your early teens.

40Soon after, you discovered that you were an adopted child, a matter that caused a rift between you and your adoptive parents, leading to you moving out of the family home at the age of about 15.  You soon commenced regular use of cannabis and your school performances fell away.  It is to your credit that while still living independently you continued with secondary education for a time.  You attempted Year 11 twice, but did not complete that level.

41When you were aged about 17 or 18 you moved to Sydney with a cousin where you continued some schooling and were employed in a supermarket.  You later moved back to Melbourne and started working in a cement factory and later in the construction industry.  At the age of about 20 you were employed with a car manufacturing company.

42You were introduced to cannabis when you were about 14 or thereabouts.  From about 1996 until your arrest in 2017 you used heroin regularly.  Since about 2014 you have also used methamphetamine or ice and you have also used Xanax regularly.  Throughout your 20s you led an unstable existence and moved home many times.

43During that period you came before courts on a number of occasions for criminal offences.  These were largely committed as I understand it to fund your drug habits.  You have attended intensive drug treatment courses pursuant to court orders, but these have not been successful.

44You have a long, long list of prior convictions dating back to 2001 when you were aged about 24.  You have numerous convictions for burglary, theft, shop theft, handling stolen goods, obtaining financial advantage by deception, going equipped to steal, dealing with property suspected as being proceeds of crime, possession of housebreaking implements, possession and use of heroin, possessing ammunition without a licence and unlicensed driving.  Your convictions relate principally to crimes of dishonesty and drugs.  You have served a number of periods in custody.

45I find that you were the organiser of the luring of Mr Kishor to the unit, the treatment of him at the unit and the demands made of him to withdraw moneys and pay them to you.  I consider that you played the central role in the offending concerning Mr Kishor.  I am of the view that only the quick report to police by Mr Kishor's daughter and the prompt arrival of police at his home prevented further serious offending by you and Mr Alexiou.

46Mr Kishor was described as your uncle.  The evidence does not disclose whether he is your biological uncle or an adoptive uncle.  Nevertheless, I consider it likely that there was some family trust involved in your relationship with him.  He appears to be as close to a family member as you have in Australia.

47I find that there was some real planning of the luring of Mr Kishor to the unit.  These were not spontaneous acts on your part. 

48I take into account your disadvantaged family upbringing. 

49Although your list of prior convictions is long, I note that you have no prior convictions for offences involving violence or threats of violence.

50A report dated 25 April 2019 from Mr Warren Simmons, a psychologist, was tendered on your behalf.  He found no symptoms of depression, although he was told by you that you had been diagnosed with depression some years before.  He reported that you were anxious about your current charges.  He opined that your use of illicit substances at the time of your offending would have acted negatively on your thinking at that time.  He considered that you would benefit from drug and alcohol treatment.  He considered that your prospects of rehabilitation, given your difficulties over the years, must be considered to be guarded.

51Regardless of whether you truly believed that Mr Kishor owed you money, your motive for your offending conduct was a financial one.  You decided to take the law into your own hands.

52You pleaded guilty to these offences, which I take into account, although that plea was at a very late point, just prior to the scheduled commencement of your trial.  Nevertheless, your plea has utilitarian value in that witnesses were no required to given evidence at the trial and court resources were not unnecessarily wasted.

53In the circumstances, I consider that the primary purposes for which I am to sentence you are, firstly, to punish you for your offending in a way that is just.  Secondly, to deter you and others in the community from committing further offences of this or similar nature and thirdly, to denounce your offending conduct.  I consider that only a term of imprisonment with a non-parole period is appropriate.

54On the charge of blackmail, you are convicted and sentenced to imprisonment to a term of 24 months.  This I will refer to as the base sentence. 

55On the charge of theft, you are convicted and sentenced to imprisonment for a term of six months, 3 months of which shall be served cumulatively to the base sentence.

56In relation to the summary charge of driving a motor vehicle whilst your driver's licence was suspended, this on my calculation is your eleventh conviction for that offence.  You are convicted and sentenced to imprisonment for a term of three months, to be served cumulatively to the base charge.  Further, you are disqualified from holding a driver's licence for a period of 24 months, commencing today.

57In relation to the summary of charge of possessing cartridge ammunition without authority you are convicted and fined the sum of $1,500.  Generally speaking, such ammunition would only be used for one thing, that is to be fired from a shotgun.  Although you are not charged with any such offence, and I do not sentence you for such an offence, plainly the possession of such ammunition is a serious offence.

58On the summary charge of trespass, you are convicted and sentenced to one months' imprisonment, to be served cumulatively to the base sentence.  Although you have no prior convictions for trespass you have some 17 prior convictions for burglary and a conviction for being in possession of housebreaking implements.  Given that record you would have been well aware for many years that the law is that you must not enter other persons homes or premises without their permission.

59It follows that I sentence you to a total effective term of imprisonment of
31 months.  I direct that you not be eligible for parole until you have served
20 months of that term.

60Counsel are in agreement that you have served 580 days of pre-sentence detention, although I had calculated 586, 580 is the correct time.  I direct that that period be reckoned as having been served as part of this sentence and recorded as such in the records of this court.

61Now there was a disposal order sough in relation to Mr Charan, as I recall.

62MS CHAMPION:  Yes, Your Honour.

63HIS HONOUR:  Just remind me what that was for, Ms Champion, if you would?  I have it in front of me and it's for the ‑ ‑ ‑

64MS CHAMPION:  For a mobile phone and a sim card.

65HIS HONOUR:  Just one moment.  Have you got a copy - what I've got for
Mr Charan is a forfeiture order in relation to the round of ammunition.

66MS CHAMPION:  Yes.

67HIS HONOUR:  But there's a disposal order as well?

68MS CHAMPION:  There's a disposal order that's a joint one in relation to
Mr Charan and Mr Alexiou, yes.  I don't have a hardcopy here, Your Honour, but my instructor can email one to Your Honour's associate.

69HIS HONOUR:  Well I have a disposal order in respect of Mr Alexiou only and which relates to a black Alcatel One Touch.

70MS CHAMPION:  Yes.

71HIS HONOUR:  And a Vodafone sim card.

72MS CHAMPION:  Yes.

73HIS HONOUR:  You say that applies to Mr Charan also, do you?

74MS CHAMPION:  Yes, so it's disposal order in relation to both.

75HIS HONOUR:  It is when I look at the bulk of the - --

76MS CHAMPION:  I'm instructed, Your Honour, that just one disposal order needs to be made.

77HIS HONOUR:  All right, well I will make that.  Perhaps before I go on,
Ms Champion, do you agree that I have dealt with all the matters relating to
Mr Charan?

78MS CHAMPION:  Just 6AAA, Your Honour?

79HIS HONOUR:  Pardon?

80MS CHAMPION:  Just Your Honour's obligations under 6AAA.

81HIS HONOUR:  Yes, well let me deal with that now.  No, let me deal with all that at the end.  I will deal with Mr Alexiou at this time.

82Mr Alexiou, you are currently aged 49. At the time of your offending you were aged 47.  You were born and raised in Melbourne and spent some of your teenage years in Greece.  Whilst in Melbourne you were educated in Clayton and Oakleigh.  Your education appears on the material before me to have ended when you were expelled from Oakleigh High School in Year 7 when aged 13.

83You commenced, but did not quite complete an apprenticeship in cabinet making.  Although it seems unlikely, given your age, there is nothing in the material before to indicate that you have ever been employed, save for that partially completed apprenticeship. 

84You are single, but have two children aged 25 and 17.

85You have a long and unimpressive 40-page criminal record, including a conviction for false imprisonment  in 1993.  In the main, your many convictions relate to offences involving dishonesty, going back over a period of some 30 years. 

86You have approximately 50 prior convictions for burglary, multiple convictions for theft, theft of motor vehicles, going equipped to steal, and the like.

87You have two prior convictions for unlicensed driving, 13 prior convictions for driving a motor vehicle whilst your driver's licence was suspended or when you were disqualified from holding such a licence.

88I accept that you have a long history of drug abuse involving heroin, amphetamines and cannabis.  I was informed by your counsel that you had been addicted to heroin since the age of 19.  You are currently prescribed methadone and antidepressant medication.

89You have served a number of custodial sentences.  In addition, you have been given various opportunities to serve sentences by way of drug treatment orders, which you had breached.   You committed these offences, the ones in question, only one day after being released from prison for other unrelated offences, and you have been in custody ever since.  Your counsel informed me that you have never been released on parole.

90I accept that you were not the instigator of this offending conduct.  Nevertheless, you played an important supporting role in the blackmail of and theft from
Mr Kishor.  You also pleaded guilty to these offences at a very late point, just prior to the scheduled commencement of your trial.  Nevertheless, your plea also has utilitarian value in that witnesses were not required to give evidence at trial and court resources not unnecessarily wasted.

91Whilst you may have initially believed that you were merely helping a friend recover a debt, you would have understood that your conduct was a serious breach of the law from a time soon after Mr Kishor's arrival at the unit.

92After these offences were committed by you, in April 2018 you were convicted of further offences of burglary and theft, which had been carried out by you in January 2016.  Whilst these are not prior convictions, they are relevant to your prospects of rehabilitation, which I conclude are poor unless you are in some way able to resolve your addiction to hard drugs.  There is no evidence before me that this is likely.

93.  I take into account the character reference from Catherine Alexiou, dated 28 January 2019, which was tendered on your behalf.

94Because of your extensive criminal record, I consider that the protection of the community, specific deterrence, general deterrence and denouncement of your conduct are the principle purposes for which I am to sentence you. In all the circumstances I consider that only a term of imprisonment with a non-parole period is justified. 

95On the charge of blackmail, you are convicted and sentenced to imprisonment for a term of 18 months, this will be the base sentence. 

96On the charge of theft, you are convicted and sentenced to imprisonment for a term of six months, three months of which shall be served cumulatively to the base charge. 

97On the charge of attempted theft, you are convicted and sentenced to imprisonment for a term of six months, which term shall be served concurrently with the sentences imposed for blackmail and the theft offences.

98In relation to the summary charge of unlicensed driving of a motor vehicle, as I have indicated this is your 14th conviction for this or similar offending.  You are convicted and sentenced to a term of imprisonment of three months, which is to be served cumulatively upon the base sentence.  Further, you are disqualified from holding a driver's licence for a period of two years from this date.

99On the summary charge of trespass, you are convicted and sentenced to a term of imprisonment of one month, to be served cumulatively on the base sentence.  Although you have no prior convictions for trespass, you have many prior convictions for burglary and given that record you also must have been well aware for many years that the law is that you must not enter homes or premises without their occupants’ permission.

100It follows, just let me check my arithmetic.  It follows that I have sentenced you to a total effective term of 25 months' imprisonment and I direct that you not be eligible for parole until you have served 18 months of that term.

101Counsel are in agreement that you have served 559 days of pre-sentence detention, not including today, and I direct that that period be reckoned as having been served as part of this sentence and recorded in the records of this court as such.

102As I indicated there's a disposal order sought in relation to this matter, namely the two Vodafone - the black Alcatel One Touch and the Vodafone, and I have already indicated I will make that order.

103MS CHAMPION:  Yes, Your Honour.

104HIS HONOUR:  Now I turn to Darryl Cropley. 

105Mr Cropley, you are currently aged 34.  At the time of this offending you were aged 32.  I was not provided with a history of your upbringing, education or employment record.  I have read a number of character references that were tendered on your behalf.  Some make mention of you having a good work record in the past and some are complimentary about your talents as a glazier.

106You reside with your partner, Emily, with whom you have a son, aged about 11 months.

107You have a number of prior convictions of relevance to my sentencing of you.  You have two convictions for trafficking methylamphetamine, a conviction for using and possessing ecstasy, two convictions for dealing with property suspected of being proceeds of crime, receiving stolen goods, possession of house breaking implements, two convictions for possessing a prohibited weapon without authority and intentionally damaging property.  You were convicted for nearly all of those prior matters in 2015 and 2016.

108On the second of those prior trafficking matters, trafficking of methylamphetamine, you were sentenced to a Community Correction Order with various conditions attached.  I am in possession of a report from Corrections Victoria, dated 28 May 2019, which refers to your breach of that earlier community correction order by non-compliance with conditions and further offending.  Nevertheless, the assessing officer, the author of that report, considers that you are suitable for a further community correction order.

109You were arrested on 17 December 2017 and held on remand until early
March 2018, when you were released on bail with various conditions,  including restricted residency, residing at a nominated address, and a curfew, requiring you to be home between 7 pm and 5 am.  You apparently have complied with those bail conditions.

110In July 2018 your partner gave birth to your son.  Your counsel has submitted to me that your life has been turned around since your release in March 2018.  There is no suggestion here that you have further offended in the period of about 15 months since your release - although a possible explanation for that may have been the relatively strict bail conditions to which you have been subject.  I accept that since your release you have been unable to obtain employment, but have performed some unpaid work as a handyman, which is commendable.

111The references tendered on your behalf each speak highly of your work ethic and apparent honesty.  Nevertheless, a number of those referees appear to have known you for some years, during which time you were plainly not behaving in an honest, law-abiding manner.  Those prior convictions, especially in relation to offences committed in 2015 and 2016 strongly indicate that some of your referees did not know you as well as they thought they did.

112You played a valuable role in the luring of Mr Kishor to the unit.  You would well have appreciated that he would not have wanted to attend there voluntarily.  If that had been the case your role would not have been required.  You knew the whole point of arranging for him to attend at that unit was a deception.

113A number of reports concerning drug screens going back to November 2017, and reportedly regularly since your release, have shown clean drug screens.  This is a very positive sign.  But it is only a relatively short period.  Many users of illicit drugs manage to quit for a time but regrettably relapse.  It remains to be seen how you progress in the longer term.  Time will tell whether this is a genuine turning point for you, a genuine change in your character or a temporary and unsuccessful attempt to assume the role of a valuable participant in the community and a valuable family man and father.

114Nevertheless, given that promising start and given the report from Corrections Victoria, to which I have referred, it seems appropriate in all the circumstances that I sentence you to a two-year community correction order with a number of conditions attached in respect of the offence of false imprisonment.

115The Sentencing Act prevents me from making such order unless you were to consent to it and in fairness, I should tell you what conditions I would attach to such an order and what sentences I intend to impose in relation to the remaining offences, before asking you whether you do consent.

116On the two counts of possession of a drug of dependence, namely methylamphetamine and ecstasy, respectively, you are convicted and sentenced, on an aggregate basis, to imprisonment for two months, which I will describe here as the base sentence. 

117With regard to the offence of committing an indictable offence whilst on bail, you are convicted and sentenced to one months' imprisonment, to be served concurrently with the base sentence.  With regard to the offence of trespass, you are convicted and sentenced to prison for a term of month, to be served concurrently with the base sentence.  With regard to the offence of possession of cannabis, you are convicted and fined the sum of $500.

118It follows that I intend to sentence you to a total effective term of imprisonment of two months.

119Now counsel are in agreement that you have served 79 days of pre-sentence detention.  I direct that that period be reckoned as having already been served in respect of this sentence and recorded as such in the records of the court.  My calculations, Mr Cropley, you have served more than two months' imprisonment.

120So I ask you now - or before I ask you I will tell you what the conditions of your community corrections order will be. Firstly, there will be a condition that you perform 250 hours of unpaid community work during the two year period of the community correction order, pursuant to s.48C of the Sentencing Act.

121Secondly, that you, during the period of the order - the two year period of the order – are to be supervised, managed and monitored pursuant to s.48E of the Act.

122Thirdly, that you undergo treatment and rehabilitation pursuant to s.48D of the Act.  Including any assessment and treatment, including testing for drug abuse or dependency and undergo any assessment or treatment including testing at a residential facility, if considered necessary, for withdrawal from or rehabilitation for drug abuse or dependency. Further that you attend programs that address factors related to your offending behaviour.

123I now ask you whether you consent to a community correction order in those terms.  Do you want to communicate with your counsel?  I will give you
leave ‑ ‑ ‑

124MR RICHTER:  Thank you, Your Honour.  He's mostly certainly content, Your Honour.

125HIS HONOUR:  He consents?

126MR RICHTER:  He does.

127HIS HONOUR:  Yes, thank you, Mr Richter.

128Turning to the disposal order in relation to Mr Cropley, that relates to the laser pointer, two bags with crystal substances, one bag with a green tablet stamped Superman logo, the resealable bag with plant material, resealable bag with plant material in the black bag, the black taser, the Victorian number plate 1F8 SD and the silver coloured knuckle duster.

129MS CHAMPION:  Yes, Your Honour.

130HIS HONOUR: Now can I turn my mind to s.6AAA of the Sentencing Act.

131In relation to you, Mr Cropley, had you not pleaded guilty to these offences I would have sentenced you on an aggregate basis to a term of imprisonment of 12 months.

132In relation to you, Mr Alexiou, had you not pleaded guilty to these offences, but been convicted of them, I would have sentenced you to an aggregate term of two and a half years,

133And in relation to you, Mr Charan, had you not pleaded guilty to these offences, but been convicted of them, I would have sentenced on an aggregate basis to a term of imprisonment of three and a half years in total.

134Yes, other matters, Ms Champion, if any?

135MS CHAMPION:  None, Your Honour.

136HIS HONOUR:  Gentlemen?

137MR RICHTER:  No, Your Honour.

138MR THOMAS:  No, Your Honour.

139HIS HONOUR:  Thank you.  On my calculations Mr Alexiou's non-parole term has not quite been reached.

140MS CHAMPION:  It has been reached, Your Honour.

141HIS HONOUR:  You think it has been?

142MS CHAMPION:  So 18 months.

143HIS HONOUR:  Yes.

144MS CHAMPION:  If a month is taken to be 31 days is 558 days and his PSD is 559.

145Now the situation in relation to Mr Charan is what, that he is free to leave?  I'm sorry, Mr Cropley.

146MS CHAMPION:  Mr Cropley is, yes.

147HIS HONOUR:  Yes.

148MR RICHTER:  Yes, Your Honour, on signing the CCO order that Your Honour will counter sign.

149HIS HONOUR:  So Mr Cropley should just remain in this courtroom for a moment and if Mr Charan and Mr Alexiou could be taken downstairs, thank you.

150OFFENDER:  Thank you, Your Honour.

151MR RICHTER:  As Your Honour pleases.

152MR THOMAS:  As Your Honour pleases.

153OFFENDER:  (Indistinct words.)  Tell (indistinct) old man to keep (indistinct words.)

154VOICE (from body of court):  He said tell - tell your old man get ready with the hinges or something.

155HIS HONOUR:  And I'll hand those orders to you, Ms Champion, disposal and forfeiture.

156VOICE 1:  (Indistinct words.)  Tell your old man to get ready I'm coming with hinges.

157HIS HONOUR:  Well, I think that's cause Ms Champion reckoned one month as 31 days.  I won't argue.  Yes, Mr Cropley, with regard to your community correction order, although you've had one before I should just explain to you some of these conditions.  There are mandatory conditions applicable to every community correction order and they are the following:  that you must not commit, whether here in Victoria or elsewhere during the two year period of the order, any offence punishable by imprisonment.

158Secondly, that you  must comply with any obligational requirement prescribed by regulations.  What I suggest you do is when you report to Corrections Victoria, you ask them for a copy of those regulations so that you can look at them carefully.

159Thirdly, that you must report to and receive visits from the Secretary, that is the Secretary of the Department of Justice, read for that Corrections Victoria, during the period of the order.  You must report to the Community Corrections centre specified in the order within two clear working days after the order comes into force.  It comes into force today, so you would need to report to the Dandenong - it is on that document I just gave you.  Have you got it there?  Yes.  Sorry, I have got it right here.

160You must report within two clear working days to the Corrections Victoria office at 125 Princes Highway, Pakenham.  You understand that?  And that is by, when, 4 pm on - what is today?

161MR RICHTER:  It's usually within ‑ ‑ ‑

162HIS HONOUR:  Wednesday, Friday.

163MR RICHTER:  Yes.

164HIS HONOUR:  Friday afternoon or before.  You must notify Corrections Victoria of any change of employment or change in your place of residence within two clear working days of such change.

165Importantly, you must not leave Victoria without the permission of Corrections Victoria in writing.  If you go to Albury you have left Victoria, do not do it.  And you must comply with any direction given by Correction Victoria that is necessary to give to ensure that you comply with this order.

166So they are the compulsory, mandatory conditions and then there are the extra conditions that I read to you to do with unpaid hours of community work, treatment and rehabilitation attendances and supervision attendances, which I think you will be familiar with.

167MR THOMAS:  As Your Honour pleases.

168MS CHAMPION:  Your Honour, there's just a matter I'd like to raise.

169HIS HONOUR:  Yes.

170MS CHAMPION:  I'm not sure what to do with it so I think the best thing is to raise it and where it goes from there, I'm not sure.  Apparently when the three offenders were being ‑ ‑ ‑

171MR RICHTER:  Two.

172MS CHAMPION:  Two.  Sorry the two offenders were being taken by officers down, Mr Alexiou said something to the victim's daughter, who is here in court, she's got her hand up.  Directed a comment to her.  The victim's daughter has written down to me what that comment she heard was, which is, 'Tell your old man to be ready I'm coming with', and then she's not sure what the last bit was, it could have been, 'Hinges', but she's not sure about that.

173VOICE 1:  It was something and the hinges.

174VOICE 2:  He was talking to us, Your Honour.

175MS CHAMPION:  In any event, Your Honour, I'm not sure where this will go but I wanted to put it on the record that this is something that had occurred in
Your Honour's court.

176HIS HONOUR:  Yes.

177MS CHAMPION:  While Mr Alexiou was being escorted down.

178HIS HONOUR:  Well do you want to hand me up the piece of paper?

179MS CHAMPION:  Yes, it's a diary.  I might show it to Mr Alexiou's lawyer first.

180HIS HONOUR:  Is that a word that makes any more sense in a different language than English?

181VOICE 1:  No, the lines are - is something what I did - I can't work out what he said and the last word is hinges, I heard hinges.  'Tell your father to' ‑ ‑ ‑

182HIS HONOUR:  And is that an English word, you believe, or do you believe that it's a ‑ ‑ ‑

183VOICE 1:  No, it's English, English word.

184HIS HONOUR:  Yes.

185MR THOMAS:  I believe Mr Alexiou's family, Your Honour, are instructing that the comment was directed to them.  I can certainly indicate to Your Honour that none of us at the Bar table on the defence side heard any representations made Mr Alexiou.  I'm happy for the notice to go on the record at my learned friend's behest, but I'd submit that that would probably be a matter for a criminal complainant if the victim's daughter was intending to pursue that further.

186HIS HONOUR:  Well it's noted, it's certainly noted in my notes.  I'm not sure there's anything I can do about it.  But it would probably be advisable, I think, for someone in his legal team to point out to Mr Alexiou that it has been reported that those remarks were directed to Mr Kishor's daughter and he might be very ill advised to go near Mr Kishor's daughter or Mr Kishor, if and when he's released from prison.

187MR THOMAS:  As Your Honour pleases.

188HIS HONOUR:  I don't think there's anything else I can do, Ms Champion, is there?

189MS CHAMPION:  No.

190HIS HONOUR:  Yes.

191MS CHAMPION:  No, just make a note of it, but Your Honour has.

192HIS HONOUR:  Thank you.  Yes, nothing else?

193MS CHAMPION:  No, Your Honour.

194HIS HONOUR:  We'll adjourn till 11.30.

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