Director of Public Prosecutions v Carroll

[2025] VCC 611

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 23-01969

CR 23-01939

DIRECTOR OF PUBLIC PROSECUTIONS

v

JAKE CARROLL

and

MUSTAFA ELBOB

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JUDGE:	HIS HONOUR JUDGE JOHNS
WHERE HELD:	Melbourne
DATE OF HEARING:	3 February 2025
DATE OF SENTENCE:	3 February 2025
CASE MAY BE CITED AS:	DPP v Carroll & Anor
MEDIUM NEUTRAL CITATION:	[2025] VCC 611

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW – SENTENCE

Catchwords:  Sentence- false imprisonment, intentionally cause injury – plea of guilty, prosecution concede CCO within range

Legislation Cited:                  s6AAA Sentencing Act1991, s48C(7) Sentencing Act1991

Cases Cited:  

Sentence:CARROLL and ELBOB -  with conviction -    2 year Community Correction Order, 125 hours unpaid community work

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms J. Fallar	Office of Public Prosecutions
For Accused Carroll	Mr D. Sheales
For Accused Elbob	Mr P. Smallwood

HIS HONOUR:

1Mustafa Elbob and Jake Carroll, you have each pleaded guilty before me to charges on indictment of false imprisonment and intentionally causing injury.  Each of those offences carries a maximum penalty of 10 years' imprisonment.  Neither you have a criminal record and that is significant.    You have both been hardworking prosocial individuals and as is clear from the facts of this matter, you engaged in vigilante-type behaviour for really baffling reasons given your prior good character and  your good character generally. 

2You acted way out of character by taking a situation way beyond where it should have been taken.  I am quite satisfied that you have had the sobering experience of being arrested, charged, but perhaps more so going through the court process and in this court, one of the higher courts, facing trial and no doubt you would have had many anxious moments and worrying nights thinking about what might flow from the stupidity of your actions on this occasion and they were objectively serious. 

3I have heard what Ms Fallar said in relation to the origin of the matter and her description of Mr Lehman as to his activities.  But it strikes me that he, notwithstanding the view you formed of him as a thief and trespasser, he had some vulnerabilities it seems, and probably still does, and was an easy target.  Had this activity gone beyond what it has and what you are being sentenced for, and these things so easily can,  had he been seriously injured, you would certainly be facing a gaol term and I am sure that has been pointed out to you previously and you need to keep that in mind moving forward that you have entered into an enterprise on this occasion which was criminal.  It was completely stupid and completely out of character.

4I am not going to recite the facts in detail.  They are set out in Exhibit A and Exhibit A forms part of these Reasons for Sentence.  I take into account the victim impact statement.  It would have been a terrifying experience for Mr Lehman and both of you should feel a sense of shame for being involved in the activity.  The courts have to denounce such conduct and also deter others from engaging in it and I am satisfied that the imposition of community correction orders with a punitive work component in the context of your antecedents can meet the need for denunciation and general deterrence.  I do not consider that specific deterrence is important in either of your cases.

5Your pleas of guilty are significant notwithstanding they come at a relatively late stage.  You were facing other charges.  It is a daunting prospect going through the trial process and notwithstanding the late stage of your pleas, they have avoided a three-week trial and so there is a utilitarian benefit to it.  I also accept that you do have remorse for being involved in this activity and it is important that your plea reflects, and I am satisfied it does reflect, acceptance of responsibility and contrition for the conduct. 

6Each of your personal circumstances and antecedents are set out in the succinct yet helpful outlines made on your behalf, you Mr Elbob by
Mr Smallwood, and you Mr Carroll by Mr Sheales.  In your case, Mr Carroll, I also have  six excellent references which attest to your character.  I am not going to recite each of your personal circumstances in any detail.  The outlines are exhibited.  The significant aspects are that other than the events that have brought you before me, you are upstanding members of the community.  You are well regarded.  You do not have prior convictions or subsequents. 

7I note you have been the subject of diversion, Mr Carroll.  But you are both well regarded, you are both productive, prosocial members of the community.  I make this observation in no way to minimise the objective gravity and seriousness of your offending, but at first instance Mr Lehman came to you in the sense that he was at the premises and of course what flows from there is quite a different matter when he is subsequently sought out.  But I make that point really just to emphasise the obvious that neither of you have been the sort of individuals that go out in the community looking for trouble or picking fights.

8It is important, as I have noted, that the impact on the victim, his vulnerability, the seriousness with which the community regards this sort of vigilante behaviour, the objective gravity of such a terrifying experience, a group of men setting upon him in the manner in which you did, that all of these things are reflected by a sentence that involves punishment and a community correction order with work conditions can achieve that end.  So, accordingly, I sentence each of you as follows.  I will do you each in turn.

9Mr Elbob, you are sentenced to a two-year community correction order to perform 125 hours of unpaid community work over that time. That is a community correction order with conviction and, Mr Carroll, similarly, you are also sentenced to a two-year community correction order to perform 125 hours of community work over that time.  That is with conviction also.  I have not specifically mentioned parity and disparity, but I think in the course of the discussion on the pleas and indeed my sentence that on the last occasion those disparities are clear.

10Mr Elbob, do you consent to the community correction order?

11OFFENDER ELBOB:  Yes, Your Honour.

12HIS HONOUR:  And Mr Caroll do you consent to the correction order?

13OFFENDER CARROLL:  Yes, Your Honour.

14HIS HONOUR:  All right.  Well they will be prepared.  I must tell each of you that if you do not perform, if you do not comply with the conditions of the order, you can be breached for non-compliance and you would come back before me for re-sentence potentially, or if you commit a further offence, will breach the order and you will come back before me for re-sentence. 

15Pursuant to s6AAA[1], were it not for your pleas of guilty, I would have sentenced you to a three-year community correction order each with 300 hundred hours of unpaid community work.

[1] s6AAA Sentencing Act 1991

16There are no other orders sought, Ms Fallar?  There is no ancillary ‑ ‑ ‑

17MS FALLAR: No, Your Honour. It can also be added s48C(7)[2] that the order expires on the satisfactory completion of those hours, so the sooner they finish the 125, the sooner ‑ ‑ ‑

[2] s48C(7) Sentencing Act 1991

18HIS HONOUR:  That it finishes, yes.

19MS FALLAR:  And I think Melton Corrections Office might be the nearest CCS for them, I'm not quite sure.

20HIS HONOUR:  Yes, all right.  Well all that will be on the order.  You have to report within two days of today's hearing, but the next step is that the order will be prepared, each of those orders will be prepared.  I will sign the orders and then you will be asked to sign them and then you will get a copy of them, and you will go on your way, but yes as Ms Fallar has pointed out, the orders do run for a two-year duration but the work hours can be completed at any time.  But if you breach the order within those two years, you can be back before me.

21COUNSEL:  As the court pleases.

22HIS HONOUR:  All right.  You can take a seat, gentlemen.

23OFFENDER CARROLL:  Thank you, Your Honour.

24HIS HONOUR:  All right.  Well there is Mr Carroll's one.  Have a look at that Mr Sheales and we will get Mr Carroll to sign it.

25MR SHEALES:  Can he leave the dock and approach the Bar table, Your Honour?

26HIS HONOUR:  Yes, sure.  All right, so you will get a copy of that Mr Carroll. 

27OFFENDER CARROLL:  Thank you, Your Honour.

28HIS HONOUR:  Jarrara, do you want to grab that back and we will get copies of that made.

29MR SMALLWOOD:  Might Mr Elbob also leave the dock, Your Honour?

30HIS HONOUR:  Yes.  Right, well that one can go down to Mr Elbob. 

31MR SMALLWOOD:  That has been signed, Your Honour.

32HIS HONOUR:  All right.  We will get a copy for Mr Elbob too.  All right, thanks everyone.  We will adjourn the court.

33COUNSEL:  As the court pleases.

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