Director of Public Prosecutions v Chahoud

[2022] VCC 1441

IN THE COUNTY COURT OF VICTORIA

AT Melbourne

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-21-02233

DIRECTOR OF PUBLIC PROSECUTIONS

v

RAMI CHAHOUD

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JUDGE:	HIS HONOUR JUDGE TIWANA
WHERE HELD:	Melbourne
DATE OF HEARING:	26 August 2022
DATE OF SENTENCE:	6 September 2022
CASE MAY BE CITED AS:	DPP v Chahoud
MEDIUM NEUTRAL CITATION:	[2022] VCC 1441

REASONS FOR SENTENCE
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Subject:Criminal law – Sentence

Catchwords:              Blackmail – Common assault contrary to common law – Offending carried out with two co-accused – Offender and co-accused confronted victim at his workplace –  Demanded victim pay money ostensibly owed to one of the co-accused –  43 year old offender – No criminal history – Plea of guilty at earliest opportunity – Positive prospects of rehabilitation

Legislation Cited:      Crimes Act 1958 (Vic)

Cases Cited:Worboyes v The Queen (2021) 96 MVR 344; Boulton v The Queen (2014) 46 VR 308

Sentence:                  2 year Community Correction Order

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr M Cookson	Director of Public Prosecutions
For the Accused	Ms S Buckley	Chester Metcalfe & Co

HIS HONOUR:

1Rami Chahoud, you have pleaded guilty to an indictment containing two charges. Charge 1 is an offence of blackmail, contrary to s 87(1) of the Crimes Act 1958. This offence carries a maximum penalty of 15 years’ imprisonment. Charge 2 is an offence of common assault, contrary to common law. This offence carries a maximum penalty of 5 years’ imprisonment.

2An agreed prosecution summary of your offending was read aloud in Court.[1]

[1]Exhibit A.

Circumstances of the offending

3The victim, Abdulwahab Sabry, was aged 49 at the time of this incident. He is a computer engineer who owns a business called System Technology Services IT & Security.

4Your co-accused, Ali Assaad, is known to Mr Sabry and is a former business supplier for System Technology Services. Ali Assaad assisted Mr Sabry in obtaining a government grant of approximately $350,000.

5At the time of your offending, Ali Assaad believed that Mr Sabry owed him money for his role in obtaining the grant.

6On the afternoon of 11 May 2021, you, along with Ali Assaad, and the third co-accused, Mezan Assaad, attended the business premises of Mr Sabry. Mezan Assaad is the son of Ali Assaad.

7An initial exchange of pleasantries between Mr Sabry and Ali Assaad turned into a demand for money. You and your co-accused made demands of Mr Sabry. Ali Assaad indicated that Mr Sabry had told him that if he helped secure the grant, he would be given 10 percent. Mr Sabry denied any such agreement.

8At this stage, Mezan Assaad slapped a phone from Mr Sabry’s hand and pushed him. As Mr Sabry backed away, Mezan Assaad struck him to the face twice, pushed him against the wall, and uttered ‘I’ll fucking rip you’. All three of you crowded around Mr Sabry and continued to make demands for money.

9Ali Assaad retrieved Mr Sabry’s phone from the floor and you demanded that $17,000 be transferred to Ali Assaad. Mr Sabry stated he did not have the money. At this stage, you struck him forcefully to the head with your elbow or forearm. This caused Mr Sabry to fall to the floor. He remained on the floor for approximately two minutes while all three of you stood over or around him, continuing to demand money.

10While on the floor, Mr Sabry asked ‘How much do I owe you’. Ali Assaad replied, ‘(inaudible) and $50,000. Listen you son of a bitch, you took the money and you are trying to con me. And you tell me to go away’.

11You stated, ‘I am coming here tomorrow morning, if the money was not (inaudible)’.

12Mezan Assaad stated, ‘Every day, every day, I am going to fucking come down here’.

13Further demands were made to make Mr Sabry transfer the money. He agreed to transfer the money the next day. You stated, ‘Don’t you dare not to pay if we leave now. I am just kidding with you now. Tomorrow we will have a different talk with you. It will be a different talk and then you will know who I am, you fucking dickhead. Do you understand?’

14Ali Assaad and Mezan Assaad dared Mr Sabry not to pay the money. Ali Assaad stated, ‘Animal. Do not pay them’.  Mezan Assaad stated ‘Do not pay them’.

15You then told Mr Sabry, ‘I want him not to pay them. Tomorrow, you will see if they were not in his account. You will be dealing with me and not Ali…’

16You and your co-accused then left the premises.

17Shortly after, Ali Assaad sent Mr Sabry WhatsApp messages setting out his banking details and the amount of $17,500.

18Mr Sabry reported the offending to the police that same afternoon, identifying Ali Assaad as one of the offenders.

19The entire incident, including audio, was captured on CCTV. The majority of the conversation was in Arabic, which was later translated into English.

20Police executed a search warrant at your home address on 26 May 2021. They located your clothing, which matched the clothing depicted on the CCTV. You were not present when the warrant was executed.

21The next day, 27 May 2021, you attended Broadmeadows Police Station and were interviewed. In accordance with your right, you remained silent in respect of all pertinent questions.

22As a result of the assault, Mr Sabry experienced pain to his face, back, buttocks, wrist, and shoulder. He had a superficial laceration to the back of his left shoulder and lower forearm. His nasal area was swollen and he experienced blurred vision in his left eye for some 24 hours after the incident.

Victim impact

23The prosecutor, Mr Cookson, read aloud the victim impact statement declared by Mr Sabry dated 10 April 2022.[2] It will be apparent to you, your offending has had a profound impact upon Mr Sabry. As a result of the offending, he has lost interest in his work and struggles to focus. His confidence level has dramatically decreased. He has experienced nightmares and continues to fear for his safety. He is irritable and becomes angry easily. Once a sociable person, he now prefers to maintain contact with only a few people and prefers to play chess online, rather than in person, as was the case prior to the offending.

[2]Exhibit B.

Personal circumstances

24You were born in Syria in March 1979. Your father was a mechanical engineer and your mother, a schoolteacher. Both are now retired and continue to reside in Syria. You have three siblings, two brothers and a sister. One of your brothers, an accountant, lives in Melbourne. Your other two siblings remain living in Syria. You have maintained a close relationship with your parents and siblings.

25I was told by your counsel, Ms Buckley, that you come from a loving, supportive and law-abiding family. You have fond memories of your childhood. You completed the equivalent of Year 12 in Syria and then undertook a one-year business management qualification. You then went on to complete two and a half years of compulsory military service. This was a particularly daunting experience.

26You married your wife at the age of 22 and migrated to Australia in 2003. You became an Australian citizen in 2017. You have three children, a son aged 17, and two daughters aged 15 and 11. I am told that you are a loving father and play an active role in your children’s lives.

27Since arriving in Australia, and settling in Melbourne, you have worked primarily in the building and construction industry as a painter, plasterer, and renovator. You had a home renovation business which traded as ‘Elite Trading Group.’

28In 2019, you opened a café. You had invested a significant amount of your savings in this business. Regrettably, the pandemic severely impacted your business resulting in its closure in 2020. You have been unemployed since then and are currently in receipt of Job Seeker.

29Whilst out of work, you have undertaken study at TAFE to qualify as a registered builder. You obtained your builders licence in November 2021.[3] You hope to commence work as a builder under the Elite Trading Group.

[3]Exhibit C4.

30You have never used illicit substances and drink alcohol occasionally. There is no history of any mental health issues.

Gravity of the offending

31As I hope is clear to you, the offending you engaged in was serious. It was committed in company which would have heightened the fear the victim felt. In respect of the offence of blackmail, repeated demands for money were made. Not only were the demands re-enforced by threats, but actual physical violence was used upon the victim. The impact upon the victim has been significant.

32In respect of the assault charge, I must ensure you are not subjected to double punishment. Plainly, the assault upon the victim carried out in company would have been frightening. Thankfully, the injuries sustained by the victim were relatively minor. A pre-existing injury to his right shoulder appears to have been aggravated, causing ongoing issues.

33Ms Buckley submitted that as well as Ali Assaad’s belief that the victim owed him money, you also believed that the victim had created false invoices issued by your business, for work you had purportedly undertaken.  I was referred to the translated CCTV audio to support this submission. I note the victim in his statement dated 12 May 2021, also alludes to you asking him for money for an invoice.

34The reality is that any genuine grievance should have been addressed by legitimate means, for example, by engaging lawyers or sending a letter of demand. There is absolutely no excuse for engaging in mob-handed violence as you did.

35As the prosecution concede, there was no real pre-meditation involved. In respect of blackmail, it was short-lived and didn’t involve any breach of trust. Offences of blackmail are insidious and difficult to detect, particularly where they prey upon the fear and vulnerabilities of the victim. Here, the victim complained to the police immediately. The absence of these matters, however, does not mitigate the seriousness of the offending engaged in by you.

Matters in mitigation

36Ms Buckley submitted a number of matters in mitigation, which are not subject to any dispute.

37You pleaded guilty at the earliest opportunity in the Magistrates’ Court. Your plea of guilty entitles you to a significant discount. You have saved valuable court time and expense, facilitated the course of justice and have accepted responsibility for your actions. Your plea of guilty must be accorded an additional and palpable discount at a time when the Court is facing an increased backlog of trials.[4]

[4]Worboyes v The Queen (2021) 96 MVR 344.

38I accept that your plea of guilty is demonstrative of genuine remorse. The two references that were tendered from Ms Assaad and Ms Bruni allude to your expressions of remorse to them.[5] Following the offending, you consented to a Personal Safety Intervention Order made in favour of Mr Sabry.

[5]Exhibits C2 and C3.

39Following your arrest on 27 May 2021, you spent six days in custody before being granted bail on 1 June 2021. You have remained on bail throughout without any issue.

40You are now aged 43. You have no prior convictions, nothing subsequent and no other pending matters. This offending was plainly out of character. You have otherwise lived a hard-working life supporting your family. It is disappointing to see a man of your background appear before this Court for such serious offending.

41I accept the submission made by your counsel that your prospects for rehabilitation are positive. It is hoped that you are able to move on and ensure that this was an aberration in an otherwise productive life.

Sentencing

42Recognising the seriousness of your offending conduct, Ms Buckley submitted that in all the circumstances of this case, including matters concerning the objective gravity of the offending and matters personal to you, a disposition, not involving incarceration, could rightly be considered. Ms Buckley referred me to the guidance given by the Court of Appeal in Boulton v The Queen.[6]

[6](2014) 46 VR 308.

43On behalf of the prosecution, Mr Cookson, quite sensibly conceded, in the circumstances of this case, a suitably punitive Community Correction Order would meet all the relevant sentencing purposes.

44Imprisonment is a sentence of last resort. I am satisfied that in all the circumstances of this matter, I can adequately punish you for your offending, denounce your conduct and deal with general deterrence, and at the same time allow you to further your rehabilitation by imposing a Community Correction Order.

45I have had regard to the pre-sentence assessment report from the Department of Justice dated 29 August 2022.

46On Charges 1 and 2, you will be convicted and sentenced to a Community Correction Order for a period of 2 years commencing today.

47Every Community Correction Order has core conditions that you must comply with. They are as follows:

·        You must not commit any offence punishable by imprisonment.

·        You must comply with any obligation or requirement prescribed by the regulations.

·        You must report to and receive visits from the Secretary.

·        You must report to the community corrections centre within two clear working days.

·        You must notify the Secretary of any change of address or employment within two clear working days of the change.

·        You must not leave Victoria except with the permission of the Secretary.

·        And, finally, you must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure your compliance with the order.

48In addition to the mandatory core conditions, the Community Correction Order will also include the following special conditions:

·        First, you will have to perform 180 hours of unpaid community work as directed.

·        Second, you must engage in programs that address factors relating to your offending behaviour.

·        Third, you will be subject to supervision as directed for the duration of the Community Correction Order.

49You must report to South Morang Community Correction Services within two working days from today.

50Mr Chahoud, you need to understand that if you were to breach the Community Correction Order in any way, either by committing another offence or by not complying with any of the core conditions or any of the special conditions, then you could be charged with the offence of breaching the order.

51The offence of breaching a Community Correction Order itself carries a maximum penalty of three months' imprisonment. So were you to breach the order, you would need to come back to Court and face sentencing for that breach offence.  In those circumstances, you could also be re-sentenced for the offences for which you were placed on the order originally, namely the charges of blackmail and common assault. You would then face the very real possibility of being sent back to prison.

52So, there are serious consequences attached to any breach. Do you understand that?

53OFFENDER: Yes, your Honour.

54HIS HONOUR:  Do you also understand all the conditions of the proposed Community Correction Order?

55OFFENDER: Yes, your Honour.

56HIS HONOUR:  Do you consent to being placed on a Community Correction Order in the terms I have outlined and to abide by all of its conditions?

57OFFENDER: Yes, your Honour.

Section 6AAA declaration

58Pursuant to s 6AAA of the Sentencing Act 1991, I indicate that had Mr Chahoud pleaded not guilty and been found guilty, he would have been sentenced to a term of 3 years’ imprisonment with a non-parole period of 20 months.