Director of Public Prosecutions v Chehade

[2025] VCC 428

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-24-00653

DIRECTOR OF PUBLIC PROSECUTIONS

v

JAMIL CHEHADE

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JUDGE:	HIS HONOUR JUDGE WRAIGHT
WHERE HELD:	Melbourne
DATE OF HEARING:	13 March 2025
DATE OF SENTENCE:	8 April 2025
CASE MAY BE CITED AS:	DPP v Chehade
MEDIUM NEUTRAL CITATION:	[2025] VCC 428

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.

Catchwords:              Plea of guilty – Reckless conduct endangering persons – Common Law Assault – Possess drug of dependence – Resist an emergency worker on duty – Possess a controlled weapon without excuse – Relevant criminal history – Verdins – Very good prospects of rehabilitation.

Legislation Cited:      Crimes Act 1958 ss 23, 31(1)(b); Drugs Poisons and Controlled Substances Act 1981 s 73(1); Control of Weapons Act 1990 s 6; Sentencing Act 1991 ss 6AAA, 18, 44.

Cases Cited:

Sentence:                  Imprisonment for a period of 321 days with a Community Correction Order for a period of 2 years. On Charges 3, 4 and Summary Charge 5, convicted and fined $1000.  

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr M White (Plea) Mr A Cecil (Sentence)	Office of Public Prosecutions
For the Accused	Mr J Barreiro	Chester Metcalfe

HIS HONOUR:

Introduction

1Jamil Chehade, you have pleaded guilty to:

(a) one charge of reckless conduct endangering persons, contrary to s 23 of the Crimes Act 1958 (‘CrimesAct’) which carries a maximum penalty of 5 years imprisonment (Charge 1);

(b)   one charge of Common Law Assault contrary to Common Law which carries a maximum penalty of 5 years imprisonment (Charge 2);

(c)   two charges of possess drug of dependence contrary to s 73(1) of the Drugs Poisons and Controlled Substances Act 1981 which in this instance carries a maximum penalty of 1 year imprisonment (Charges 3 and 4); and

(d) one charge of resist an emergency worker on duty contrary to s 31(1)(b) of the Crimes Act which carries a maximum penalty of 5 years imprisonment (Charge 5).

2You have also pleaded guilty to the summary offence of possess a controlled weapon without excuse contrary to s 6 of the Control of Weapons Act 1990 which carries a maximum penalty of 1 year imprisonment.

3You have also admitted your Criminal Record.

Circumstances of the offending

4At the time of the offending, you were 36 years old and had no fixed address.

5The victim in this matter is Cassandra Martin. At the time of the offending Ms Martin was 46 years old and residing in Seymour. You and the victim were in a relationship.

6On 24 September 2023 at 7:20am, the victim was driving her vehicle south along the Hume Freeway, Clonbinane with you as the passenger.

7You had a verbal argument with the victim in the car and you became volatile. During the argument, you struck the victim’s shoulder with a mental rod. You reached over and grabbed the steering wheel and placed your foot onto the pedals to wrest control of the vehicle which was in transit on the freeway.

8You subsequently positioned yourself on top of the victim obscuring her vision from the road. You struck her in the head whilst trying to control the vehicle.

9The victim retaliated and struck you with the metal rod. As a result of the altercation and your aggression, the vehicle veered out of its lane (Charge 1 - reckless conduct endangering serious injury). The vehicle collided with the safety barriers on the Hume Freeway.

10The collision caused irreparable damage to the vehicle. You then kicked the windscreen of the victim’s vehicle.

11The victim removed herself from the vehicle. You were armed with a knife and started waving it around at oncoming traffic and in the view of witnesses who stopped to assist with the collision (Summary Charge 5 - Posses controlled weapon).

12During the incident, the victim sustained bruising to her elbow, shoulder, left hand, right hand and a gash to the left side of her head (Charge 2 – common law assault).

13You ended up standing in the median strip of the Hume Freeway. You were still armed with a knife.

14At approximately 7:35am police arrived at the collision scene.

15Senior Constable Tyeisha Bentley found you heavily drug affect and evasive with police when questioned about the collision or offending.

16You became volatile with police and actively resisted your arrest using physical force (Charge 5 - resist emergency worker). You were restrained and then sedated. You continued to actively fight and resist police after you were sedated.

17You were conveyed by Ambulance Victoria and police guard to the Northern Hospital. Police searched the vehicle and located a bottle of Testosterone and a bottle of Oxymetholone, 2173 grams in weight (Charges 3 and 4 - possess drug of dependence).

18On 25 September 2023, you were released from Northern Hospital and transported to the Melbourne Custody Centre.

Nature and gravity of offending

19Reckless conduct endangering serious injury is an offence that covers a wide range of conduct. When the conduct is related to the driving of a motor vehicle, ordinarily it is the nature of the driving by the offender that gives rise to the reckless conduct. Here, the conduct relied on is your assault on your partner as she was driving at high speed on the Hume Freeway, impacting her ability to control the car, creating a very dangerous situation that ultimately resulted in a collision. Self evidently the reckless conduct that you engaged in put the victim at risk of serious injury. In the circumstances in my view your conduct represents a reasonably serious example of the offence.

20Once out of the vehicle you were in a very agitated state, and you were armed with a knife waving it at oncoming traffic. Further, while you suffer from diagnosed mental health conditions which I will address below, on your own admission you were also affected by methamphetamine at the time. Once police arrived you actively resisted, ultimately requiring you to be sedated giving rise to Charge 5.

Personal circumstances

21You were born in Preston in 1987 and grew up in Lalor residing with your mother, father and two siblings. The primary language spoken at home was Arabic. You describe your childhood as very busy and that your extended family would often provide support with childcare and school pickups. Your parents were hardworking and often worked long hours.

22Your childhood was relatively free from stress and trauma. Your father passed away from cancer when you were approximately 13 years old which had a significant impact on you. Prior to his death, your father also had a stroke. You report that witnessing your father’s health decline was very emotionally difficult for you. Your family also suffered financially during this time.

23You state that you disliked school and struggled with focus. You were expelled from two different schools and ultimately left school after completing Year 9 and enrolled in an apprenticeship. You completed the four year training in carpentry, building and construction. You report you have worked intermittently in building and construction jobs since leaving school.

24You married your ex-wife at age 21 and you have three children together. Your marriage lasted approximately 10 years until you divorced. You report having a romantic relationship with the victim in this matter. You state that your mental health declined significantly when both of these relationships concluded.  You currently reside with your mother and your three children.

25You have been diagnosed with Schizophrenia, Bipolar Affective Disorder and Substance Dependence. You have had involuntary treatment at both the Alfred Hospital and St Vincents Hospital and you have undertaken treatment in the community through the Clarendon Clinic, although your engagement has been inconsistent. Many of your hospital admissions appear to be related to psychotic symptoms in the context of methamphetamine intoxication. I note that one admission was some two weeks before the commission of this offending.

26You report that you started using methamphetamine at age 16. You report that your substance use has been worse following traumatic incidents, including the death of your father and disconnection from your children.

27A report of Dr Anthony Cidoni dated 24 March 2024 notes that your symptoms of schizophrenia have persisted despite reductions in your drug use and that your ability to understand the wrongfulness of your actions in this offending was impaired by your acutely psychotic state.

28A report of Dr David Thomas dated 19 September 2024 was tendered on the plea. Dr Thomas also opines that your psychotic symptoms become more acute and distressing when you are using recreational drugs and that you satisfy the criteria for diagnosis of Schizoaffective disorder and Dependence/Harmful Use of Stimulants.

29Dr Thomas notes that your complex mental state has been exacerbated with your medication non-adherence and heavy methamphetamine use. Both the report of Dr Thomas and Dr Cidoni conclude that you were experiencing acute psychosis at the time of offending and that your use of methamphetamine exacerbated your psychological symptoms. However both are also of the view that your offending conduct was primarily attributable to your underlying schizoaffective disorder.

30A psychological report of Ms Courtney Steffens dated 2 November 2023, was also tendered on the plea and describes your disordered thinking and psychosis symptoms at the time of assessment on 12 October 2023. She states that you present with negative and positive symptoms of psychosis and that you experience disruptions to your cognitive functioning particularly during periods of mental health decline.

31You were assessed for the Court Integrated Services Program (CISP) on 10 July 2024 and were found suitable, ultimately commencing on 9 August 2024 and completing the program on 28 March 2025. A finalisation report dated 28 March 2025 was provided to the court and highlights your exemplary participation in the program. You have been open and transparent regarding your experiences, and you have remained abstinent from illicit substances and alcohol throughout your time on CISP.

32You have engaged with the methadone program and have since transitioned onto the monthly injectable buprenorphine. You intend to cease this medication in April 2025. You have also connected with mental health support through Hawdon Clinic and you currently receive anti-psychotic medication, Brexipiprazole, on a monthly basis.

33Each report writer, including that of your CISP finalisation report, concur that your ongoing psychosis and substance use requires therapeutic supports and specialised counselling. In particular, you are encouraged to remain engaged with your treating psychiatrist, maintain abstinence from illicit substances and maintain steady employment to ensure your stability and a healthier lifestyle is prioritised.

34Two references were tendered from your brother Nabil Chehade and your employer Tim Cockerell. Your brother speaks of your otherwise good character noting your commitment to caring for your mother and three children while working full time. Your employer states that you are a reliable worker and speaks highly of your professionalism noting you are held in high regard by his team. You have been working full time, six days a week since September 2024.

Sentencing considerations

35I first take into account your plea of guilty. This matter has had a unique procedural history. It was originally filed in the summary stream in the Magistrates Court. A psychiatric report of Dr Anthony Cidoni commissioned by the defence concluded that the defence of mental impairment was open and thus the matter was uplifted to this court. The prosecution obtained a report from Dr David Thomas who also was of the view that the defence of mental impairment was open. An application was then made to this court to transfer the matter back to the Magistrates Court for the purposes of a contested hearing however during that hearing before me, you sought that the matter proceed by way of sentence indication. Following the indication given, the matter resolved and you were arraigned without the need to conduct a special hearing or trial. Your acceptance of responsibility and plea of guilty has saved the court considerable time and expense and you have thereby advanced the course of justice.

36Mr Barreiro who appeared on your behalf submitted that the psychiatric and psychological evidence support the application of Verdins principles 1, 3 and 4. While you concede that at the time of the offending you were under the influence of methamphetamine, as noted by Dr Thomas, your psychotic symptoms at the time of the offending were not wholly due to your methamphetamine use but rather attributable to your underlying schizoaffective disorder. That said, he is also of the view that your psychotic symptoms were exacerbated by your acute methamphetamine intoxication. In the circumstances while it is difficult to disentangle your psychiatric conditions from the effects of your drug use, I accept the opinion of Dr Thomas that your disorder did play a part in your behaviour and as such, your moral culpability is reduced to a degree and deterrence is also able to be moderated.

37Turning to your prospects of rehabilitation it is clear that from the time of the offending in 2023 you have taken significant steps towards your rehabilitation. You have engaged positively in the CISP program remaining abstinent from drugs and alcohol. You have worked closely with clinicians and counsellors, and you have maintained your medication regime. You have been working full time since September 2024 in a labouring role and are highly regarded. You have also demonstrated insight into the relationship between your drug use and your offending behaviour. In summary, given your history, you appear to be in the most stable position you have been in for many years. In all the circumstances if you remain on this positive path, I assess your prospects of rehabilitation as very good.

38While I accept that Verdins principles have application, deterrence both general and specific, still has a role to play. Your conduct was dangerous and may well have resulted in a much more serious outcome. As such others must be deterred from engaging is such conduct. You have a relevant prior criminal history and while you are addressing your core issues, in my view specific deterrence must still be given weight in the sentencing discretion.

39You served 321 days on remand before being granted CISP bail in August 2024. It was submitted on your behalf that a combination sentence with no further time in custody is the most appropriate disposition in the circumstances. The prosecution submitted that the offending calls for a head sentence with a non parole period. Having considered the applicable sentencing considerations including the maximum penalties, in my view in all the circumstances, a combination sentence is able to meet the relevant sentencing considerations, while providing you with ongoing support and supervision as you continue your rehabilitation. I had you assessed for a community correction order and you have been found suitable.

Sentence

40Mr Chehade would you please stand.

41Jamil Chehade, on Charge 1, conduct endangering persons, Charge 2, common assault and Charge 5 resisting an emergency worker on duty, you are convicted and sentenced to 321 days imprisonment as the prison component of a combination order pursuant to s 44 of the Sentencing Act 1991 (‘Sentencing Act’).

42As you have completed the prison component of the combination order you will be placed on a community correction order for a period of 2 years. While all community correction orders are punitive in nature, the order I am imposing will have targeted therapeutic conditions. In addition to the standard conditions, you will be required to undergo assessment and treatment for drug use, mental health and programs to reduce reoffending. You will also be subject to supervision.

43On Charges 3 and 4, possession of a drug of dependence and Summary Charge 5, possessing a controlled weapon, you are convicted on each charge and fined $1000 as an aggregate fine over the three charges.

44Pursuant to s 18 of the Sentencing Act, I declare that 321 days be reckoned as the period of imprisonment already served under the sentence I have imposed.

45Pursuant to s 6AAA of the Sentencing Act, I indicate that had you not pleaded guilty, I would have sentenced you to a period of 3 years imprisonment with a non-parole period of 2 years.