Director of Public Prosecutions v Angelopoulos & Anor
[2023] VCC 2225
•28 November 2023
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-23-00661, CR-23-00664,
CR-23-00860, CR-23-00861, CR-23-00862,
CR-23-00863, CR-23-00865, CR-23-01552
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| NICHOLAS ANGELOPOULOS VANCE TARANTO |
---
JUDGE: | KARAPANAGIOTIDIS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 2 November 2023 | |
DATE OF SENTENCE: | 28 November 2023 | |
CASE MAY BE CITED AS: | DPP v Angelopoulos & Anor | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 2225 | |
REASONS FOR SENTENCE
---
Subject:CRIMINAL LAW – Sentencing
Catchwords: Plea of guilty – dishonesty offences – burglary – theft – attempted burglary – property damage – obtaining property by deception – possess prohibited weapon – mental health – substance use – dysfunctional childhood – onerous conditions in custody – prospects of rehabilitation – totality – disparate sentence – Bugmy – Verdins
Legislation Cited: s.5, 6AAA of the Sentencing Act
Cases Cited:Worboyes v The Queen [2021] VSCA 169, Newton (a pseudonym) v The King [2023] VSCA 22, Bugmy v The Queen [2013] HCA 37, R v Verdins [2007] VSCA 62, Binse v The Queen [2016] VSCA 145; R v Males [2007] VSCA 302.
Sentence: ANGELOPOULOS – Imprisonment for a period of two years and nine months, non-parole period of one year and seven months, license disqualification period of 3 months; TARANTO – Community Corrections Order for a period of 15 months, license disqualification period of 1 month.
---
APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms. F Holmes with Ms Curtin | Office of Public Prosecutions |
| For the Accused | Ms E. Allen Ms L. Dubroja | Domenic Care Stojne Slaveski |
HER HONOUR:
1Nicholas Angelopoulos and Vance Taranto, you have both pleaded guilty to a number of dishonesty matters.
2On indictment C2215547, you have both pleaded to three charges of burglary and three charges of theft. In addition, you, Mr Angelopoulos, have pleaded guilty to a further charge of burglary and theft. On Indictment C2316173, you, Mr Angelopoulos, have entered a plea of guilty to one charge of attempted burglary, two charges of damaging property, three charges of burglary, three charges of theft and two charges of obtaining property by deception.
3You, Mr Angelopoulos have also agreed to this court hearing and have pleaded guilty to the summary offence of possess prohibited weapon without an exemption and you, Mr Taranto have also agreed to this court hearing and have pleaded guilty to the summary offence of make false statement to police.
Circumstances of offending
4The summary of your offending is outlined in the prosecution openings of 28 October 2023 and 30 October 2023, marked as Exhibits A and B on the plea.
Indictment C2215547 - Charges 1 & 2
5On Friday 15 July 2022 you were involved in committing a Burglary at Palmerston Crescent, Wheelers Hill. At approximately 10:34am, your vehicle Mr Taranto, a grey 2006 Ford Territory wagon, pulled up and parked nearby.
6At 10:42am you Mr Angelopoulos crossed the road and walked up the driveway of the address and had a brief conversation with one of the victims who was leaving for work and believed that you were one of his wife’s students attending a yoga class in their backyard studio. You Mr Angelopoulos walked up to the victim’s driveway, jemmied open the garage door, breaking the lock and gained entry to the house via an internal door. You carried items out of the car and returned to the vehicle where you Mr Taranto were seated. You then both walked up the driveway into the address and later exited the house carrying items back to the car. You, Mr Taranto got back into the driver’s seat and you, Mr Angelopoulos, returned to the victim’s address. While in the house, the other victim came out of her yoga studio into the main part of the house and saw you standing at the top of the stairs holding her bags. You, Mr Angelopoulos, ran down the stairs and out through the garage door. You got into the vehicle and left.
7A significant number of items were stolen from the address including Chanel and Gucci handbags, a pearl necklace, pearl, ruby and jade rings and Nike shoes, with a combined value of $40,700.
Charges 8 & 9 (Angelopoulos only)
8On Saturday the 23rd of July 2022, a burglary occurred at a display home situated at Delmore Crescent, Glen Waverley. Footage from cameras at the address captured you gaining entry to the house via an unlocked sliding door and then exiting the house carrying a basket full of bedding and placing it into Mr Taranto’s parked vehicle, getting into the vehicle and the vehicle departing. The burglary was later reported and a list of stolen items provided, totalling a value of $6416.
Charges 3 & 4
9On Sunday 24 July 2022, a burglary occurred at Cypress Avenue, Glen Waverley CCTV cameras at the address captured you, Mr Angelopoulos, gaining access to the back yard, walking along seeing if any of the doors were unlocked in an attempt to gain access to the house, and then jemmying the back door open, breaking the lock and entering the house. Mr Taranto then drove down and parked out the front of the address as you, Mr Angelopoulos, exited via the front door carrying several bags, placing them into Mr Taranto’s vehicle and returning into the address. A few minutes later Mr Angelopoulos left the address carrying a safe and placed it into the vehicle, which then left. The victim later returned home and found the front door open, and a number of items missing. A list of stolen items was compiled to the value of around $35,000.
Charges 5, 6 & 7
10On Monday 25 July 2022, a burglary and theft of motor vehicle occurred at Willow Avenue, Glen Waverley. CCTV cameras captured Mr Taranto’s vehicle driving down the street and stopping outside a premises on Willow Avenue, then you Mr Angelopoulos getting out from the rear passenger side seat and walking down the footpath towards the victim’s premises.
11You, Mr Taranto reversed your vehicle and parked it outside the premises Willow Avenue and at 12:59pm, the victim’s vehicle, a black BMW sedan VAG038 pulled out of the driveway. As it drove off, the inference being Mr Angelopoulos that you were driving the vehicle, you Mr Taranto pulled your vehicle into the street behind it and followed it down Willow Avenue, Glen Waverley.
12At approximately 1:45pm the victims returned home and found the car missing as well as the front door open with obvious jemmy marks and a large amount of property stolen, including high end handbags, jewellery, watches, clothing, identification and personal documents and foreign currency.
13In the early hours on Tuesday 26 July 2022, Police were at the Knox International Hotel in Wantirna and conducted a registration check on the black BMW, which was listed as stolen. Your vehicle Mr Taranto was parked nearby. At 2:40am, the two of you exited room 16, looked at the stolen vehicle and around the car park.
14Mr Angelopoulos you opened the driver’s door of the vehicle and started rummaging around, and then walked over to the police vehicle and knocked on the window. You realised that it was police and turned and ran towards Mountain Highway, with police chasing you on foot. You, Mr Taranto walked back into the hotel room and closed the door.
15You, Mr Angelopoulos were apprehended on the other side of Mountain Highway, searched under the Control of Weapons Act and were found to be in possession of red 3D printed knuckle dusters, which is the basis of the summary charge, and other items as outlined.
16You Mr Taranto were arrested and the hotel room appeared to contain a large amount of stolen property, later seized by police.
17In relation to your summary offence Mr Taranto, it is comprised of you providing a signed statement to police making reference to a number of false facts relevant to Charges 5, 6 and 7.
18In respect of Indictment C2316173, that is the one that relates to you, Mr Angelopoulos and mostly occurs earlier in time, the period being between 1 February to 19 July 2022.
Indictment C2316173 - Charges 1 & 2
19In the early hours of 1 February 2022, using a crow bar, you and a co-offender attempted to force open the door of the Australia Post Office. Police soon after arrived on the scene and you ran.
Charges 3 & 4
20On Wednesday 29th June 2022, a residential burglary was committed at Ural Court, Dandenong North.
21The victim of the burglary received a notification on his "Ring" doorbell that showed a male jumping over the front fence and into Ural court exiting his property. The male was in possession of items that belonged to the victim. A list of stolen items was later provided to the police, as outlined in the prosecution opening.
Charges 5 & 6
22On Thursday 6 July 2022, a room at 856 Heatherton Road, Springvale was broken into. The occupants left for the night and returned to find multiple items missing, as outlined in the Prosecution Opening. The incident was captured on CCTV, and you Mr Angelopoulos, were identified.
Charge 7
23Between 12:00PM on Thursday 7 July 2022 and 9:30am on Sunday 10 July 2022, you attended Highett Road, Highett, a standalone secured unit. You attempted to gain access via the rear door using force with an unknown object damaging the door.
24When you failed to gain entry via the rear door, you went to the front door and entered through the unlocked metal door that leads up to the front wooden door which was locked and secured. You then used what appeared to be broken concrete to smash the glass panel on the front door, reached inside the hole in the glass to unlock the door from the internal lock and gained entry to the unit. You proceeded to ransack the property taking the victim's XBOX and XBOX controller valued at $500 and then left the property via the front door.
25The victim attended his address on Sunday the 10th of July 2022 and observed that the front door was unlocked and damaged. He then reported the matter to Police.
26Your DNA was identified on the broken glass panel where you had gained entry.
Charges 8 & 9
27At approximately 1:00AM on 15 July 2022 you, along with two other offenders, attended Fountain Gate Shopping Centre in your vehicle and parked the vehicle in the underground car park adjacent to the Australia Post mail room.
28You and the other two offenders walked through Fountain Gate Shopping Centre and went into Kmart where you made a purchase and then exited into the car park and walked to the Australia Post mail room. You all then returned to the car for a short period, drove over to the door and then all three of you entered the mail room, stealing property and placing it into the vehicle.
29The incident was captured in full by CCTV at Fountain Gate Shopping Centre.
Charges 10 & 11
30At approximately 4:44am on 19 July you and two co-accused attended the McDonald's Berwick and used a stolen NAB credit card to purchase food (three meals) valued at a total of $38.
31Between approximately 4:50am and 4:56am you and two co-accused's attended the EG Fuelco Berwick. You entered the store and purchased two packets of JPS cigarettes, a $50 Google Play card, a coffee and two Mars Bars valued at a total of $156.85 using the stolen NAB credit card. CCTV captured both incidents.
Gravity of offending
32Mr Angelopoulos your offending covers the period between 1 February 2022 and 25 July 2022. In your case Mr Taranto, your offending occurs between 15 to 25 July 2022.
33Dealing first with the offences that are common between you. The offending is serious, as indicated by the maximum penalties. You persistently offended during this period and the burglaries were of residential properties and involved the violation of people’s privacy and security. I accept that there is some variation of seriousness as between the charges. On Charge 1, the female victim was confronted by you Mr Angelopoulos in her own home. Charge 8, in respect of you Mr Angelopoulos, was of a display home so does not have the same aggravating features. I take into account the value of the various thefts and that some were of a relatively high quantum. Also, in some cases they were not insured, or the property was not recovered, and so financial loss has been suffered. In respect of the criminal damage charges, I consider that they are at the lower end of seriousness, having regard to the damage caused.
34While there was obviously some planning involved in your offending, I accept that it was relatively unsophisticated. I note that you Mr Angelopoulos made no attempt to disguise yourself and you Mr Taranto, whose role was primarily to drive, drove your own vehicle to each burglary, with no attempt to disguise ownership.
35As for the matters that relate to you alone Mr Angelopoulos, Charges 3 and 4 involve a private residence. Charges 5 and 6 was committed on a hotel room when the occupants had left for the night and Charge 7 was committed on a standalone unit. You smashed the glass panel on the front door to gain entry and then ransacked property taking items valued at around $500.
36In respect of your summary offence Mr Taranto, I accept your counsel’s submission that it is reflective of a desperate and ill-conceived attempt on your part to avoid implicating yourself in the offending. When you were re-interviewed on 10 August 2022 you made admissions.
37The offending for both of you, and more so in your case Mr Angelopoulos given the additional charges, can quite fairly be described as a spree and as persistent and brazen. In sentencing you I have assessed and had regard to the objective gravity of each offence and then, applying the principle of totality, I have assessed and considered the aggregate criminality involved as a whole.
Victim impact
38In respect of your offending, Mr Angelopoulos on Charges 10 and 11 (Indictment C2316173) Judy Sheard provided a victim impact statement in which she outlines the distress that your offending has caused her. It was agreed between the parties that there are parts of the statement that are not relevant against you, and I have not taken these particular representations into account. I do have regard to the unsettling and stressful impact your offending has had on your elderly victim.
Plea of guilty
39I accept that you have both entered a plea of guilty at an early stage which entitles you to a substantial discount in sentence. In your case Mr Taranto, I was told that ultimately your case settled on a more favourable basis to what you had originally offered to plead guilty to in February 2022. Both your pleas of guilty demonstrate an acceptance of responsibility. By your plea, each of you have indicated a willingness to facilitate the course of justice. Your plea carries important utilitarian value, also heightened in accordance with the Worboyes considerations.[1]
[1] Worboyes v The Queen [2021] VSCA 169.
Personal circumstances
Angelopoulos
40As to your personal circumstances briefly, Mr Angelopoulos, you grew up in Keysborough with your parents and four siblings. Your father is Greek, and your mother is Maltese. You are very close with your family, including your grandmother and feel like you have disappointed them by returning to jail again. Nobody else in the family has been in trouble with the law.
41Throughout your childhood, your father worked as a truck driver and your mother worked within the home. At times the family struggled financially, which caused a lot of pressure in the family unit. You described your father to psychologist Ms Bovenkerk as being “very angry all the time”, and that you and your brother were physically beaten on a weekly basis, detailed further in Ms Bovenkerk’s report. Your mother would routinely leave the relationship due to the violence or would kick your father out of the house and he would live in his truck for periods of time. Your parents have remained married, and you instruct that your father has ‘softened’ over the years and was never violent towards your younger sisters. Your family remain supportive of you, and you have had regular zoom contact with your mother, father and grandmother whilst in custody.
42You were diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) as a child but you were never medicated for the condition. You found school academically very difficult, and you were also regularly in trouble. Ms Bovenkerk in her report explains that ADHD is a neurodevelopmental disorder characterised by a persistent pattern of inattention, distractibility, impulsiveness and/or hyperactivity that interferes with functioning and development. This provides the context of your disengagement and difficulties with school and susceptibility to self-medicate with substances.
43You excelled at sport, playing competitive football and cricket and representing Victoria in running. You were heavily involved in football until you suffered a significant back injury that ended your football career and likely draft to the VFL. This appears to have been a significant turning point for you and ended a promising sports career.
44After leaving St. John’s Secondary College in Dandenong in Year 9, you secured work as an apprentice plumber through your former football coach, a position you held for three and a half years. You were then remanded and unfortunately did not complete your training. You worked in window installation and in demolition with your brother for about three months in 2016.
45Prior to being remanded, you were working as a bricklayer. You have not worked since. You have completed your Certificate III and Certificate IV in Personal Training.
46You reported to Ms Bovenkerk that you started using illicit substances when you were around 15 or 16 years of age. You initially began using cannabis, which later escalated to use of cocaine, amphetamine, ketamine, and “juice” (GHB). At the age of 17 you started using methamphetamine (Ice) and reflected to Ms Bovenkerk “that’s when my life ended…ice ruined me.”[2] You last used methamphetamines four years ago but continued to abuse cocaine and anabolic steroids. You attribute much of your past offending to supporting your drug habit.
[2] Psychological Report of Marlese Bovenkerk dated 24 October 2023, [56]
47At the time of this offending, you were experiencing increased pain associated with your back, and were abusing pain medication (Lyrica). This functioned as a substitute for methamphetamine and GHB. You also reported using excessive quantities of cocaine.
48Further, your circumstances were somewhat unstable at the time. After serving a short period in custody on your last sentence, you didn’t return to the family home. You were apparently concerned that your family may be at risk because of threats that had been made against you by others.
Taranto
49Mr Taranto you grew up in Dandenong, Victoria. You were raised by your parents, and you have two siblings. Your mother passed away 10 years ago and you are close to your father and siblings and also to your nieces and nephews.
50You attended Nazareth College in Noble Park completing Year 10. Preferring hands on work, you left school to commence a full-time carpentry job with your father, making doors and windows for residential homes. You worked with your father for approximately 9 years and then became a fully qualified automotive mechanic. You worked in this role for approximately 12 years and have now returned to work with your father, full time.
51Your addiction to methylamphetamine commenced only recently, in 2022. You started using drugs with your ex-partner towards the end of your relationship in June 2022.
52At around this time, you moved into a campervan truck at a caravan park. During COVID-19 you lost employment and there was difficulty in obtaining new employment. When your relationship ended your drug use increased to daily use.
53It is in the context of your drug use that you met your co-accused, reporting that you were introduced through drug associates.
54Your involvement in the burglaries and thefts were to fund drug use. At the time you were using methylamphetamine daily, along with GHB.
55On your remand in October 2022 for other matters you became abstinent from all illicit substances.
Other mitigatory factors
56In your case Mr Angelopoulos, your Counsel submitted that the principles in Bugmy apply in your case in the general sense.[3] In other words, she submitted, and I accept, that your exposure to domestic violence in your childhood is relevant to an assessment of your moral culpability as you are less likely to be as culpable than an offender whose formative years have not been marred or impacted in that way.[4] As Ms Bovenkerk states in her report -
‘Mr Angelopoulos emanates from a dysfunctional childhood in which he was the victim of severe and excessive physical punishment and abuse perpetrated by his father. These experiences have likely led to the development of attachment issues and have affected Mr Angelopoulos’ emotional development, including his ability to tolerate negative emotions and distress.’[5]
[3] Bugmy v The Queen [2013] HCA 37
[4] Newton (a pseudonym) v The King [2023] VSCA 22, [36].
[5] Psychological Report of Marlese Bovenkerk dated 24 October 2023, [115].
57Ms Bovenkerk assessed you and the following diagnosis were indicated:
(a) Adjustment disorder with mixed anxiety and depressed mood (at the time of the offending)
(b) Major depressive disorder, moderate, with anxious distress
(c) Attention deficit hyperactivity disorder, combined presentation (pre-existing).
58She opines that your Adjustment Disorder in custody has now progressed into a Major Depressive Disorder with anxious distress. She is of the opinion that ‘imprisonment would likely weigh more heavily on [you] than a person without [your] conditions. Given [your] background and psychiatric profile, [you are] considered a greater risk of reacting disproportionality to the volatile prison environment due to [your] poor emotional regulation and impulsive behaviour, which can result in unintentional sanctions and higher vulnerability to experiencing issues with other offenders or with staff members.’[6] I accept that limb 5 of Verdins[7] has application in your case, as submitted by your Counsel.
[6] Psychological Report of Marlese Bovenkerk dated 24 October 2023, [126]
[7] [7] R v Verdins [2007] VSCA 62
59Your Counsel also submitted that your period on remand has been more onerous because of your placement. Since your remand you have been placed in a management cell where you are locked down for 23 hours, with only one hour out a day, with access to a small courtyard. You have apparently been told that this is because of risks to you, and it was put on your behalf that you are otherwise not a management problem. Your interactions with others are limited to prison guards and you have no access to programs. Ms Bovenkerk also considers that your status as a long-term management prisoner is perpetuating your poor mental state.
60This morning, as discussed with counsel, I have received a letter from the Assistant Commissioner, confirming Mr Angelopoulos, that you have been housed in a long-term management unit, because of safety concerns and because there are no alternative placements identified or available. The letter canvasses the restrictions in the various prisons. For example, at MAP, you are permitted one hour out of your cell. At MRC, runouts for one hour. At Barwon, runouts and open access from 11.30 to 1. It also outlines that there has been some available work and education opportunities to you. It was accepted by the prosecution that on the material, given your status, you are subject as put by your counsel, to greater restrictions and I take into account the additional hardship to you arising from the more onerous custodial environment.[8]
[8] Binse v The Queen [2016] VSCA 145; R v Males [2007] VSCA 302.
61Additionally, I take into account that you continue to suffer from chronic pain due to your pre-existing back injury and that you only have limited access to pain relief in custody.
Prospects of rehabilitation
Angelopoulos
62Mr Angelopoulos, as for your prospects of rehabilitation I accept your Counsel’s submission that there is a glimmer of hope but otherwise I regard them as guarded. You have an extensive prior criminal history and most of the current offending occurred soon after you were released from your last short prison term. You have been afforded rehabilitative opportunities in the past, including on a Drug Treatment Order and unfortunately, they have not been successful. Ms Bovenkerk assesses you as a high risk of general recidivism.[9] However, she does consider that you are amenable to treatment and your risk profile would be mitigated further if you were to engage in appropriate psychological intervention. I consider that your prospects of rehabilitation will be assisted by counselling and treatment so that you can continue to address your drug addiction and complex issues.
[9] Psychological Report of Marlese Bovenkerk dated 24 October 2023, [124].
63I take into account that you have the protective factors of ongoing family support in the community and that you do maintain regular contact with your parents and your grandmother. It is anticipated that on your release you will return to the unit at the back of your parent’s home, that you will share with your grandmother.
64In sentencing you I also take into account the risk of institutionalisation as identified in Ms Bovenkerk’s report. Your Counsel submits that over the last decade you have served regular periods of imprisonment, or ‘ping ponged’ between the community and gaol. Your counsel submits that in recent times you have improved your insights and that you are motivated to change.
Taranto
65Mr Taranto, your Counsel submits that your prospects of rehabilitation are excellent and on the material before me, I am inclined to agree. Your period on remand in October 2022 where you served 81 days before being released on a CCO was salutary. As your Counsel submits, it was a ‘circuit breaker’. You do not present with any underling criminogenic behaviours other than drug use. Your drug addiction while serious at the time is not an entrenched one and since your release form custody you have abstained from illicit substances. You live and work with your father, who, I note, did attend at court previously in support of you. You work 6 days a week. You are in a stable and healthy relationship with your partner. She speaks of your positive changes and also how you have built a strong and nurturing relationship with her four young children. You are currently on a CCO, as already noted, that expires in December of this year and have complied with all the terms of this order, including by engaging in counselling with a psychologist.
66I assess your prospects of rehabilitation also against your strong work history, good education and while noting the subsequent matter, your lack of prior criminal history.
67In both your cases I have also taken into account the delay in the finalisation of your matters.
Sentencing purposes
68The basic purposes for which a court may impose a sentence are punishment, general deterrence, specific deterrence, denunciation, protection of the community and rehabilitation. Given the nature of this offending, general deterrence, denunciation and just punishment are prominent considerations. I accept that in your case, Mr Taranto, specific deterrence carries less weight.
69I take into account the sentencing guidelines outlined in s.5 of the Sentencing Act, as they apply in your case.
70I have taken into account the general sentencing landscape for such offending and I have considered the cases that were referred to by Counsel, along with the sentencing snapshots. I have been guided and assisted by these cases, but ultimately each case turns on its own facts and circumstances.
71I have also taken into account the principles of proportionality, parsimony and totality. In respect of totality, while there are separate charges and victims, that need to be reflected, the offending occurred within a relatively confined period of time. Also, in terms of totality, I have had regard, on Charges 1 and 2 (indictment C2316173) that these offences for you Mr Angelopoulos occurred prior to your service of four months imprisonment imposed on 4 March 2022. Also, the burglary and theft, Charges 8 and 9, on the second indictment occurred on the same day as Charge 1 and 2 of the first indictment. In respect of you Mr Taranto I have also taken into account the combination sentence imposed, that I have already referred to, on 23 December 2022 as relevant to the issue of totality.
72In your case Mr Angelopoulos, there was no dispute between the parties that a term of imprisonment structured by way of a head sentence is required. Weighing up all the relevant matters I agree that this is the only just and appropriate sentence. Your counsel submits that it should be structured to reflect your improving insight, the onerous nature of your remand period, totality and your need for support and treatment when transitioned back into the community.
73In your case Mr Taranto, both parties agreed that a CCO is within range. I had you assessed for the order and you were assessed as suitable. You reported to Corrections a willingness to comply with such an order and that notwithstanding you are working full time, you had some flexibility in your work arrangements. You also demonstrated insight into your offending and that you were disgusted in your behaviours, reporting that ‘stealing is against my morals.’ I consider that in your case a CCO is capable of both simultaneously punishing and rehabilitating you and I propose to place you on such an order. I also take into account that you have served 1 day in custody in respect of this matter.
74The principle of parity is always a relevant consideration when dealing with co-accused but I accept that in this case, a disparate sentence is called for and justified. You are each culpable for the offending that you share in common but I note that your role Mr Taranto was different. More importantly, there are significant differences in your circumstances. Mr Taranto you have no prior criminal history and I have assessed your prospects of rehabilitation as excellent.
Sentence
75Synthesising all relevant matters, I will deal with you first, Mr Angelopoulos. You are convicted and sentenced as follows:
76 On Indictment ending 547:
Charge 1, burglary, 14 months' imprisonment. Charge 2, theft, nine months' imprisonment. Charge 3, burglary, 12 months' imprisonment. Charge 4, theft, nine months' imprisonment. Charge 5, theft, six months' imprisonment. Charge 6, burglary, 12 months' imprisonment. Charge 7, theft, four months' imprisonment. Charge 8, burglary, nine months' imprisonment. Charge 9, theft, six months' imprisonment.
77 Orders for cumulation on this indictment are as follows. Charge 1 is the base sentence. Charge 2, one month cumulative. Charge 3, three months cumulative. Charge 4, one month. Charge 5, one month. Charge 6, three months. Charge 8, one month. Charge 9, one month.
78 On Indictment ending 547, that should total of 25 months' imprisonment. Counsel, can you both please check that while I am going?
79 MS ALLAN: Correct, Your Honour.
80 HER HONOUR: Thank you. On Indictment ending 5173, you are sentenced as follows: Charge 1, eight months' imprisonment. Charge 2, four months' imprisonment. Charge 3, 12 months' imprisonment. Charge 4, six months' imprisonment. Charge 5, 10 months' imprisonment. Charge 6, six months' imprisonment. Charge 7, four months' imprisonment. Charge 8, which is the burglary charge, eight months' imprisonment. Charge 9, four months' imprisonment. Charge 10, five months' imprisonment and Charge 11, two months' imprisonment.
81 Orders for cumulation are as follows. Charge 3 is the base sentence. On Charge 1, one month. Charge 5, two months. Charge 6, one month. Charge 8, one month, which ought to arrive at 17 months, counsel.
82 HER HONOUR: Now, that should total 42 months' imprisonment.
83 MS ALLAN: It does, Your Honour.
84 HER HONOUR: All right. What I am doing then, on Indictment 547, which is the 25 months, I cumulate eight months on Indictment ending 173. So that is 25 plus eight.
85 MS ALLAN: Thirty-three months, Your Honour.
86 HER HONOUR: Thirty-three months, which is an equivalent to two years and nine months.
87 MS ALLAN: Yes Your Honour.
88 HER HONOUR: Taking into account all of the matters that I have referred to and the psychological report and the mitigating factors, I am setting a non-parole period of one year and seven months.
89 HER HONOUR: … On the related summary charge, sorry, I impose fourteen days, that is to be served concurrently.
90 MS ALLAN: As Your Honour pleases.
91 HER HONOUR: All right, so Mr Angelopoulos, I have got to come to a couple of other matters, but I have given you, it is a complex sentencing structure, but the end result is two years and nine months. That is your head sentence. One year and seven months is your minimum non-parole period. I take away from that what you have served, which is approximately one year and four months. Hang on, I will just get the exact numbers. Four – was it 490?
92 MS ALLAN: Yes Your Honour.
93 HER HONOUR: Pursuant to s18, I declare that you have served 490 days. Does that make sense? Do you understand?
94 OFFENDER ANGELOPOULOS: Yep, that makes sense, yep, yep.
95 HER HONOUR: All right, thank you. Pursuant to s6AAA, I indicate that but for your plea of guilty, I would have sentenced you to some four years and four months' imprisonment, setting a non-parole period of three years.
96 Pursuant to s89(4), on having convicted you of a theft of motor vehicle, I am required to interfere with your licence and I am going to interfere with it, taking into account again, all the relevant matters, the delay and the period in time you have been in custody. I am interfering with it for a period of three months, all right? So, you are disqualified for three months.
97 OFFENDER ANGELOPOULOS: Does that – sorry, does that start when I get out or - - -
98 HER HONOUR: It starts as of today.
99 OFFENDER ANGELOPOULOS: Today.
100 HER HONOUR: All right, thank you. I am just going to turn to Mr Taranto now and then I will check with counsel as to whether there's anything further. Now, Mr Taranto, in relation to you, if you could stand please? You are convicted and sentenced as follows: Charge 1, the burglary, Charge 2, theft, Charge 3, burglary, Charge 4, theft, Charge 5, theft of motor vehicle, Charge 6, burglary, Charge 7, theft, again, synthesising and taking into account all of the matters that I have referred to, I am convicting you and sentencing you to a community corrections order.
101 Duration of the order is 15 months and I am setting the following conditions. Supervision, treatment and rehabilitation for drugs, treatment and rehabilitation for mental health, community work, 170 hours. I am offsetting 80 hours against treatment, so if you do 80 hours of treatment, you can offset it against the work. The core conditions continue to apply. This will be printed out. You will get to read them with your counsel, Ms Dubroja. You are on an order that is about to expire. They will run together for that period of time but this order clearly will continue well into and for the rest of the new year. It will run for a 15 month period, commencing today and you are required to report to Cranbourne Community Corrections and no doubt you are familiar with where they are.
102 All right. I can indicate that but for your plea of guilty, so if you had not pleaded guilty, pursuant to s6AAA, I would have sentenced you to a combination sentence. I would have sentenced you to some six months' imprisonment with a lengthier community corrections order than the one that I have imposed presently. All right, so the purpose of the 6AAA declarations is to indicate to both of you that by pleading guilty, accepting ownership and responsibility, you have saved yourself prison time and significant prison time, all right?
103 In your case, I take into account in respect of your licence, I must interfere with it. So, as of today, it will operate, but I do take into account the punitive aspects of such an order and the delay and other matters that I have canvassed. So, pursuant to s89(4), I am disqualifying you from driving for a period of one month, all right … do you understand?
104 OFFENDER TARANTO: Yep.
105 HER HONOUR: All right. We will have that printed. I will just check how far that is. Oh, I beg your pardon. The summary offence, make false report, I am including that as part of the order.
106 MS DUBROJA: Yes.
107 HER HONOUR: It is punishable by a maximum of 120 units, or one year. So, it seems to me that I can include it and I propose to.
108 OFFENDER TARANTO: Thank you.
109 HER HONOUR: Ms Curtin, were there any other ancillary orders? I just cannot recall. There may have been. I suspect there were.
110 MS CURTIN: Yes, there were. On 2 November, I filed disposal and forfeiture orders for both men, but they are the exact same items across both.
111 HER HONOUR: I have them, yes, all right. So, forfeiture – forfeiture and disposal for each accused.
112 MS CURTIN: Yes.
113 HER HONOUR: Let me just have a quick look at those. All right. Forfeiture. Counsel, I also have a faint memory that these were unopposed.
114 MS ALLAN: That's right.
115 HER HONOUR: Is that right? You've both got the forfeiture orders for each and also the disposal orders.
116 MS ALLAN: Yes Your Honour.
117 HER HONOUR: All right. I will make them in the terms sought, noting that they're unopposed.
0
6
0