Director of Public Prosecutions v Anastasiadis

[2018] VCC 1397

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-18-01404

DIRECTOR OF PUBLIC PROSECUTIONS

v

JOSHUA ANASTASIADIS

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JUDGE:	HER HONOUR JUDGE CHAMBERS
WHERE HELD:	Melbourne
DATE OF HEARING:	29 August 2018
DATE OF SENTENCE:	29 August 2018
CASE MAY BE CITED AS:	DPP v Anastasiadis
MEDIUM NEUTRAL CITATION:	[2018] VCC 1397

REASONS FOR SENTENCE
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Catchwords: Charge of assisting an offender contrary to s325 of the Crimes Act 1958 (Vic) – lower range of offending of this type – absence of prior criminal history – good prospects of rehabilitation – sentenced to 18-month community correction order.

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APPEARANCES:	Counsel	Solicitors
For the Accused	Mr R. Martini	Rainer Martini & Associates
For the Director of Public Prosecutions	Mr T. Hoare	OPP Victoria

HER HONOUR:

1Joshua Anastasiadis, you have pleaded guilty to one charge of assisting an offender contrary to s.325 of the Crimes Act 1958 (Vic.).  The maximum penalty for this offence is five years' imprisonment[1].

2The facts which found the charge are, in brief compass, as follows.  On the afternoon of 2 March 2018, you attended at Box Hill mall having been contacted by both the co-accused, 18-year-old Jessie Todd and the victim, 19‑year‑old Jack Hughes asking you to attend. Both Jessie Todd and Jack Hughes were friends of yours.

3Earlier that afternoon, Jessie Todd had gone to Box Hill mall where he had seen Jack Hughes. He was angry with Jack for stealing $80 worth of drugs from his house. Jessie went up to Jack, demanding he pay him the money he owed for the stolen drugs and produced a knife. When you were phoned by Jack he told you where he was and what Jessie was doing.  When you attended at the mall, Jessie continued to argue with Jack, repeating his demands for payment.  Jack then walked to the ATM to queue to withdraw the money. However, when he refused to wait any longer at the ATM, Jessie Todd attacked him repeatedly with the knife.  He was assisted by another co-accused, a 17 year old male, who punched the victim to the face. This serious assault occurred in a public place in the full view of members of the public, including school aged children and parents.

4Mr Anastasiadis, you have not been charged with any offence arising from the serious knife attack on Jack Hughes, and you are not being sentenced for the injury he suffered.  However, it is important context to your offending as you were present, and by pleading guilty to this offence you are acknowledging that you knew or believed that Jessie Todd had committed the serious indictable offence of causing serious injury to the victim at the time you provided him with assistance.

5Indeed, the victim had sustained serious life-threatening injuries as a result of the knife attack and the resulting blood loss.  However, as I stated, you are being sentenced for your role in assisting Jessie Todd dispose of the knife after that knife attack.

6After the attack on Jack Hughes, Jessie Todd together with you and the 17 year old co-accused ran across Whitehorse Road, meeting up with a group of up to 20 other youths. Jessie Todd told the group that he had just stabbed someone.  He was panicking and wanted to dispose of the knife.  You then told Jessie to give it to you.  He removed the knife which he had hidden in his pants and handed it to you.  You then hid the knife down your pants, ran back across Whitehorse Road and then hid the knife in bushes over a fence in nearby Hiltons Lane.

7The following day, Saturday 3 March 2018, the police attended your home, but you were not there. You could not be contacted by your family.  However, on Monday, 5 March 2018 you attended Box Hill police station by appointment and made full admissions to police of disposing of the knife.  You also co-operated with the police by telling them where the knife was hidden, assisting them to locate it and by making a sworn statement in which you nominated Jessie Todd for his involvement in the assault. The prosecution accept that your cooperation was of utility in the prosecution of Mr Todd.

8Clearly, this type of offending is, by its nature, serious. However, I assess that the form and duration of the assistance you provided to the accused places your offending at the lower end of the range for offences of this type.  The prosecution accepted, correctly in my view, this characterisation of your offending.  Your offending was spontaneous, unplanned and was misdirected in assisting Mr Todd at a time of panic.  It was a serious error of judgement.

9You are now 28 years old. You were 27 years old at the time of this offence.  You have no prior convictions or previous appearances. You are to be sentenced as a person who is otherwise of good character.  It is also significant that you entered a plea at the earliest opportunity to this offence and in doing so you have acknowledged your wrongdoing and expressed remorse for the role you played in assisting the accused.

10Your cooperation with authorities shortly after the incident including, importantly, the provision of the sworn statement against the principle offender is also relevant in mitigating the sentence that I impose.

[1] See section 325(4)(b)(i) of the Crimes Act 1958 (Vic.)

11As I stated, you were born on 23 May 1990 and are now 28 years old.  You are the only son of your mother, who remains supportive of you.  In your childhood you attended Box Hill High School, completing Year 10.  You attempted Year
11 twice, but you did not complete the academic year.

12You have a history of employment, working as a bar attendant between 2010 and 2014.  You then obtained a Certificate II as an arborist in 2014, and followed this pursuit, working in horticulture for 18 months until 2016.

13You are currently unemployed and are in receipt of Centrelink benefits.

14The medical report I have received from your doctor provides some information that is also relevant to your sentence. Professor Burke of the Box Hill Medical Centre has been your general practitioner since February 2017.  He also has knowledge of some of your family circumstances.  His report dated 28 August 2018, states that you have spent much of your life living with your grandparents, in circumstances where your mother has been the subject of repeated incidences of family violence at the hand of her partner, with violence directed towards her in the home.  It is submitted that at times you have borne witness to this violence and have suffered as a result.

15Professor Bourke states that the primary medical problem you face is one of chronic anxiety that he attributes to these difficult life experiences.  He says that you presented in early 2017, having experienced a significant panic attack, and were self-medicating at the time by abusing synthetic cannabis. You had requested a referral to Wellington House to assist in your drug treatment.  You report that you have since ceased synthetic cannabis use entirely, however continue to use cannabis on a regular basis. Your counsel advised that you had used cannabis in connection with this offending.

16I have also read and received the letter provided by Ms Michelle Guida dated 28 August 2018. Ms Guida is a counsellor to whom you have been referred to by Jesuit Community College, an organisation that offers assistance to the unemployed. She has worked closely with you over a period of six weeks since February 2018.  She states you have engaged in the Certificate I in general education for adults, which is a life skills program.  She says you have engaged well with her.  She expresses the opinion that the offending was out of character.

17Having regard to the absence of any prior criminal history, your engagement in this offending does appear to be out of character. You continue to have family support and have shown capacity to engage in training, employment and counselling services in the community. Provided you commit to engaging in services to address your ongoing cannabis use and to access ongoing psychological assistance for the acute anxiety diagnosed by your treating doctor, I consider that your prospects of rehabilitation to be good.

18I have also had regard to the relevant sentencing considerations under the Sentencing Act 1991 (Vic.) including those of general deterrence and just punishment.  It is important in sentencing you that others who may be inclined to assist offenders, in circumstances such as these, understand the consequences that follow.

19In this case, the prosecution takes no issue with the submission on your behalf that the relevant sentencing considerations in this case can be met by a community correction order.  I agree.  You have been assessed as suitable for such an order.

20Mr Anastasiadis, if you could stand please.

21In relation to the charge of assisting an offender, contrary to s.325 of the
Crimes Act, you are convicted and sentenced to an 18-month community correction order.  It is a condition of the community correction order that you undertake 150 hours of unpaid community work.  It is also a condition of the community correction order that you undertake assessment and, if assessed as suitable, treatment and rehabilitation programs to address both drug use and mental health issues.

22Pursuant to s.38E of the Sentencing Act, I order that you be supervised under the community correction order.  I further order that you return before me, to judicially monitor your participation under the community correction order on 29 January 2019, at 10.30 am, at the Melbourne County Court.

23Pursuant to s.48CA of the Sentencing Act I direct that 50 hours of treatment may be counted towards your community work hours, under the community correction order.

24Finally, the prosecution has applied for a forensic sample pursuant to s.464ZF of the Crimes Act 1956 (Vic).  You have not consented to the making of the order.  However, having regard to the serious nature of the offending I am satisfied that the application should be granted, being satisfied that the making of the order is in the public interest.  The order will require you to participate in a forensic procedure for the taking of a scraping from the inside of your cheek.  I am required to advise you that a member of the police may use reasonable force to obtain a blood sample if you refuse to participate in that procedure.

25I am also required to tell you that if you breach the community correction order, either by non-compliance with any of the conditions of the order, including the core conditions of the order, or by further offending; you can be dealt for breach of the community correction order and re-sentenced.

26Please have a seat.

27MR HOARE:  As Your Honour pleases.

28MR MARTINI:  As Your Honour pleases.

29HER HONOUR:  Mr Anastasiadis will need to sign the order.

30MR MARTINI:  Yes, of course, Your Honour.

31HER HONOUR:  Just one moment.

32MR MARTINI:  Yes, indeed, if I can assist you if ‑ ‑ ‑

33MR HOARE:  I'm just checking whether a 6AAA declaration is required?

34HER HONOUR:  I will give one.

35MR HOARE:  Thank you.

36MR MARTINI:  May I approach my client, Your Honour?

37HER HONOUR:  Yes, thank you.

38MR MARTINI:  As Your Honour pleases.

39HER HONOUR:  All right, clearly it is difficult to give a sentencing indication because critical to my assessment was the degree of cooperation ‑ ‑ ‑

40MR HOARE:  That's right.

41HER HONOUR:  ‑ ‑ ‑ with the prosecuting authorities.  But doing the best I can ‑ ‑ ‑

42MR HOARE:  Yes, Your Honour.

43HER HONOUR: ‑ ‑ ‑ pursuant to s.6AAA of the Sentencing Act 1991 (Vic), had Mr Anastasiadis been found guilty after a trial the sentence I would have imposed would have been an 18-month term of imprisonment, with a non-parole period of 12 months' imprisonment.

44MR HOARE:  Yes, Your Honour.  Thank you, Your Honour.

45HER HONOUR:  Thank you.  The order under s.464ZF will require Mr Anastasiadis to attend at Box Hill police station.

46MR MARTINI:  Yes, Your Honour.

47HER HONOUR:  That's the correct station?

48MR MARTINI:  Indeed.

49HER HONOUR:  Within four weeks, commencing 28 days ‑ ‑ ‑

50MR MARTINI:  Days after ‑ ‑ ‑

51HER HONOUR:  ‑ ‑ ‑ after any appeal period.

52MR MARTINI:  I'll explain that, Your Honour.

53HER HONOUR:  I'll sign that.  Mr Martini?

54MR MARTINI:  Yes, Your Honour.

55HER HONOUR:  Do you anticipate attending for judicial monitoring?

56MR MARTINI:  Not normally, Your Honour.

57HER HONOUR:  No.

58MR MARTINI:  Legal aid doesn't normally.  But if there was anything untoward than obviously I would.  But at this point in time legal aid does not pay ‑ ‑ ‑

59HER HONOUR:  No.

60MR MARTINI:  I mean, I'm sorry that money comes into it.  But essentially legal aid doesn't expect counsel to be here or ‑ ‑ ‑

61HER HONOUR:  Yes.

62MR MARTINI:  ‑ ‑ ‑ instructing solicitors, unless there was something untoward.

63HER HONOUR:  All right, so ‑ ‑ ‑

64MR MARTINI:  So hopefully there won't be anything.

65HER HONOUR:  ‑ ‑ ‑ you're excused from that judicial monitoring.

66MR MARTINI:  Thank you very much, Your Honour.  Appreciate that, thank you.

67HER HONOUR:  All right.

68MR HOARE:  Someone from the Crown can be here, Your Honour, if it's of assistance and if the Crown might hear from your associate closer to the day.

69HER HONOUR:  The prosecution will be notified by the court if they are required to attend.

70MR HOARE:  Thank you.

71HER HONOUR:  I thank counsel for their assistance.

72MR HOARE:  Thanks, Your Honour.

73MR MARTINI:  As Your Honour pleases.

74HER HONOUR:  I'll adjourn.

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