Director of Public Prosecutions v Christoforou
[2023] VCC 567
•3 April 2023
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication | |
AT Melbourne
CRIMINAL DIVISION
CR 21-02396
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JAMES CHRISTOFOROU |
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JUDGE: | HER HONOUR JUDGE GAYNOR | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | ||
DATE OF SENTENCE: | 3 April 2023 | |
CASE MAY BE CITED AS: | DPP v Christoforou | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 567 | |
REASONS FOR SENTENCE
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| Subject: | CRIMINAL LAW |
| Catchwords: | Theft – Attempted burglary – Handling stolen goods – Possession of drug of dependence – Possession of Victorian Police equipment without approval – Possessions of identification material intended for use in the commission of an indictable offence – Committing an indictable offence on bail – Plea of guilty – Accused suffers from long term psychological ill health – Moderation to sentence. |
| Legislation Cited: | Crimes Act 1958; Sentencing Act 1991; Criminal Procedure Act 2009 |
| Cases Cited: | DPP v Vucko [2008] VSCA 270, DPP v Jovacic [2001] VSCA 43, R v Hayes [1984] 11 Australian Criminal Reports, |
| Sentence: | 7 years and 3 months imprisonment with a non parole period of 5 years and 6 months. |
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms N. Deltondo | The OPP |
| For the Accused | Ms S. Gaun | SLKQ Lawyers |
HER HONOUR:
1 James Christoforou, you have pleaded guilty before me to 13 charges of burglary, 13 charges of theft, one charge of attempted burglary, one charge of handling stolen goods and one charge of possessing a drug of dependence.
2 You have also pleaded guilty to the following related summary charges which were uplifted for hearing on plea, pursuant to s145 of the Criminal Procedure Act. They are possession of Victoria Police equipment without approval, possession of identification material intended for use in the commission of an indictable offence committing an indictable offence on bail - and using identification material in order to commit an indictable offence.
3 The facts underlying your offending are as follows. This offending occurred between 31 March 2020 and 15 April 2021. Charge 1, relates to a burglary committed on premises in York Street, Airport West, at which time the victim was not at home. You placed an order with Domino's Pizza for delivery to that address, maintaining surveillance of it until the driver left without delivering the pizza, ascertaining that no one was home. Soon after, an unknown offender unlawfully entered the premises by jemmying open the front door, the victim arriving home from work and coming face to face with the unknown offender. He asked that offender, 'What are you doing? This is my house'. The unknown offender replied, 'This isn't your house. This is Jess's house, she's upstairs' and walked away.
4
A Nintendo Switch was stolen valued at $300.00. Those actions underly
Charge 1 on the indictment, burglary and Charge 2, theft. That charge was put on the basis that you were complicit in this offending.
5
Charges 3 and 4, charges of burglary and theft relate to an incident where on
28 July 2020, the victim, DT, was searching for a housemate and advertised the vacancy at her home in Peel Street, Windsor, which was published on and Fairy Floss Real Estate on Facebook. It included the name, street name, suburb and a photograph of the front of the property, together with profiles of the victim and a short biography of the housemates.
6 On 28 July 2020, sometime between 11.45 am and 7.15 pm, you tried to jemmy open the rear sliding door without success, instead plying back the weatherboard and breaking the plasterboard to access the sliding door lock. You stole items totalling $5500, including a laptop, a vacuum cleaner, pro headphones, jewellery, including a wedding ring, a bag of dirty women's underwear, multiple vibrators and sex toys, a USB and a box containing cat ashes. That box of the cat ashes was located by another person on a fire hydrant 450 metres from your address. The USB stick was seized at your address.
7 Charges 5 and 6, burglary and theft occurred on two separate occasions. That is, there were two burglaries of the same premises. At Patterson Street, Moonee Ponds, the occupants having advertised for a new housemate and publishing the vacancy on flatmates.com and Fairy Floss.
8
On 15 January 2021, two of the victims went to work and the third occupant left for shops and the gymnasium soon after. Between about 10.00 am and 1.20 pm, you entered the premises by jemmying open the back door, stealing multiple items of jewellery, a Samsung tablet, a Samsung laptop, a Samsung mobile phone, a
Go Pro camera, a tripod, a handbag, a second camera, other electronic items, an Australian passport and identification card, a Victorian badge belonging to one of the occupants, women's underwear and a set of car keys to a white Kia Cerato sedan. One of the occupants came home and saw that the house had been broken into.
9 So, those actions underly Charge 5, burglary and Charge 6, theft, as I have said, which is a rolled up charge.
10
Between 10.00 pm and 8.30 am on 4 February and 5 February 2021, you returned to this address, forcing open an electronic gate, which caused it to become
non-functional, got inside and tried to steal the Kia Cerato using the key you had previously stolen. You were unsuccessful and left without the car. Those actions underlie Charge 9 on the indictment, attempted burglary.
11
Charges 7 and 8, charges of burglary and theft relate to premises in Lincoln Street, Essendon, where the victim, KH, had advertised a vacancy at the address
on flatmates.com. Between 2.00 am on 26 January and 3.00 am on
31 January 2021, you entered those premises and stole and Apple Mac Pro laptop, two pairs of diamond 3 carat earrings, a pair of diamond hoop earrings, a gold crucifix necklace, a silver Celtic cross necklace, an 18-carat gold diamond necklace, two Lucien Piccard watches, a white gold Versace watch, a rose gold Armani watch, a silver heart necklace, a Tom Sabo bracelet and a black gym bag.
12 On 31 January 2021, after noticing that her bedroom door was slightly ajar, the victim realised personal items were missing. Your actions, as I have said, in both entering the premises and stealing the items underly Charge 7 and 8 on the indictment.
13 On 7 March, KH noted that her flatmate's account had been hacked into and messages sent to other users enquiring about rooms they had for rent. A section of the profile had been changed to an image of KH that was saved in her Apple iCloud account and her mother's credit card information, which was saved in her PayPal account was used to upgrade the flatmate's profile to premium. After realising her Apple iCloud account was compromised KH attempted to change her password but realised you had access to her iMessages and were trying to prevent the change.
14 In May 2021, police retrieved underwear, bikini top, bikini bottoms, bras, a phone and two silver house keys from your address that belonged to KH. Investigators also seized an Apple iPad, seized from your address and found that you had saved a login for the flatmates.com.au, using KH's email address. They also located a series of photographs of KH on the iPad, dated 28 January 2021.
15
Police Charge 47 is a charge of using identification information to commit an indictable offence. On or about 10 January 2021, the victim, KB, advertised a vacancy at her home in Dover Street, Flemington on flatmates.com.au and
Fairy Floss Real Estate.
16
On 5 February 2021, you place an online order for Domino's Pizzas to be delivered to that address and the details that you provided for the order included an
Optus mobile phone number, which you had created in the name of another of your victims, HE, a week earlier. These actions underly Police Charge 47, use identification information to commit an indictable offence, as I have stated.
17 You gave specific directions to the delivery driver to deliver via a rear laneway of the premises. At the time of delivery, the victim was not at home and you maintained surveillance of the address until the delivery driver left with the pizza and he had ascertained the house was empty. Soon after, you used a ladder to a neighbouring property to enter the premises and forced a lock on the rear window. You stole items valued at $1550.00, including women's bras, two vibrators, an iPad, two watches, five USB sticks, a camera, a purse containing identity and bankcards and a Mazda 2, valued at $8000.00.
18 On 6 February 2021, that car was involved in a burglary of a bottle shop in Tottenham, where alcohol and cigarettes were stolen and the car was recovered and an offender charged in relation to it. Ten days later when the car was recovered by police it was understood that you had used the car, so that while you did not physically take it, you were guilty of car theft because of using the car knowing that it was stolen.
19 In April 2021, police located underwear, bras and USB sticks taken from this address at your address. Analysis of your mobile phone and flatmates.com revealed a message sent from your account in the name Riley to this victim in response to her flatmate advertisement. Your profile is registered in the name, Riley, with the photograph of an unknown male.
20
Charges 12 and 13, being a charge of burglary and a rolled up charge of theft occurred between 6 and 8 February 2021. The residents of premises in
West Road, Maribyrnong, had advertised their vacancy on flatmates.com and flatmate finders and Fairy Floss. Between the dates that I have mentioned you entered the property, which had been evacuated due to a fire in the building and stole a number of items valued at $3400.00, including cameras, a laptop, an iPad, mobile phone, Microsoft Xbox, a steamer, two sex aids, a Samsonite suitcase, a jewellery box filled with women's jewellery, and a bag of women's underwear.
21 When one of the occupants returned, she saw that the door was locked, cupboards were open and a blanket hooked to cover a window. She then discovered the items had been missing. Investigators analysed your Apple iPhone and found that you had previously logged in on the Facebook application using one of the victims of and occupants of those premises' details. He did not use Facebook. Analysis of another of your phones reveals text messages at the time to a contact saved as Sue Trehair, offering her an iPad Mini as a gift, which you said you had received free from a friend who owed you a favour.
22 On 9 June 2021, investigators attended Sue Trehair's phone and recovered the stolen iPad Mini, which matched the iPad Mini taken from the premises in Maribyrnong during the burglary I have just outlined. Ms Trehair confirmed you had given her the iPad.
23 Charges 14 and 15 occurred on the morning of 9 February 2021, at premises in Parkside Avenue, Keilor East, where the occupants were advertising a room for rent on flatmates.com. You stole a laptop, iPhone, two watches, jewellery and a TV. One of the occupants and victims received a notification that her Apple MacBook, which had been stolen was in the vicinity of Airport Drive, Tullamarine on 9 February 2021. Your mother lives close to that location. She also received a notification that her bankcard had been used to try to sign up for a Netflix account but she was able to cancel the card. Investigators seized an Apple iPhone belonging to one of the victims from your address and the victim also identified a gold heart charm with a thick gold chain which was taken from the premises.
24 Again, part of Police Charge 47, using identification information to commit an indictable offence occurred on 11 February 2021, when you placed an online order for Domino's Pizza to be delivered to premises at Statters Street, Coburg. Again, the occupant of those premises had advertised for a flatmate on flatmates.com, flatmate finders and a couple of different pages on Facebook. The name provided for the order was, John, but with a mobile number again created by you in the name of one of your victims, HE. Your actions as I have said in doing this underly that charge. It was ascertained that no one was home after the unsuccessful pizza delivery attempt was made you surveilling that driver, and you entered the premises by forcing open a window at the rear of the property.
25 You stole laptops, an iPhone, a television, a vacuum cleaner, a collection of cards and USBs, Rotary sapphire pins and two purple Durex branded vibrators. The victim returned home in the afternoon, found a key snapped off in the lock of her front door and discovered various items were missing. Police located two USB sticks, three SD cards, a vibrator and four pairs of underwear that belonged to that particular victim.
26
Charges 18 and 19 are charges of burglary and a rolled up charge of theft.
In February 2021, the two female victims were searching for a housemate at their home in Clydebank Road, Essendon West, which they advertised on flatmates.com. On 1 March 2021, you placed an order to Domino's Pizza for delivery to that address, providing the name of Harry and a mobile number. At the time of delivery neither victim was at home and you maintained a surveillance of the address until the delivery driver left without delivering the pizza and soon after entered at the house via an unlocked rear door.
27 You stole various items of jewellery, a vibrator, a packet of cigarettes, a black external hard drive, a bag and an Apple MacBook Air totalling $2250.00. Investigators later seized the mobile phone used to place that order from your bedroom. KH also provided investigators with access to her flatmates.com account, which was accessed and used by you in response to the advertisement for the house at Clydebank Road, Essendon.
28 In July 2021, police located the victim's Gander bag, three pairs of underwear, a vibrator and a gold lotus necklace from a search of both your address and that of your associates.
29 Charges 20 and 21 are charges of burglary and theft, being a rolled up charge. The two victims lived at a house at Hotham Street, Niddrie, to which you directed a Domino's Pizza. At the time of delivery, the victims, who were a couple and their 15-month-old daughter were out. After maintaining surveillance of an unsuccessful pizza delivery, you entered their house in Hotham Street, Niddrie, via a garage door in the rear yard and stole items totalling $5500.00. They included a Mazda car key, a laptop, watches, a Status Anxiety purse, a blue Oroton purse, two handbags, jewellery, camera, women's underwear, a washing basket and identification documents. Investigators later seized passports, driver's licence, identification documents, the Mazda car key and other items, including the underwear from your address.
30
Charges 22 and 23, charges of burglary and theft relate to premises at
Meredith Street, Broadmeadows, where the victim, RW, was searching for a housemate and advertised the vacancy on flatmates.com. Between 17 and
21 March 2021, you entered the premises stealing a laptop, women's underwear, a mobile phone and a sexual aid belonging to the victim. The laptop, the mobile phone, the sex aid and underwear and a pair of shorts belonging to the victim were seized from your address.
31 Charges 24 and 25 are charges of burglary and a rolled up charge of theft and relate to an incident on 1 April 2021, at premises in Waratah Avenue, Tullamarine. Again, the three victims who were occupants had advertised a vacancy in their house. At the time of the pizza delivery one of the victims was in the bathtub but the other two housemates were not at home. You entered the house after the pizza delivery driver left and whilst the victim, SR, was in the bathtub. She heard noises, thought her housemates had returned and, in the meantime, you stole women's underwear, a laptop and a Victoria driver's licence belonging to other members of the house and valued at $1200.00.
32 Police seized items including a black wallet and a laptop from your bedroom, as well as various pairs of underwear and bras belonging to the victims. Photographs were also located on your phone of one of the victims standing naked in the laundry from a distance and several other photographs were located of the two other victims.
33 Charges 26 and 27 relate to the victim, EK, who in April 2021 was advertising for a housemate to reside at her home in Orford Street, Moonee Ponds on flatmates.com. The advertisement included the street name, suburb and photograph of the property, together with a profile of EK. On 9 April 2021, you placed an order to Domino's Pizza to that address and you booked a taxi to that address. You told the call taker that the driver needed to knock as the occupant was hearing impaired and required help with luggage. The taxi arrived at the address. The driver knocked at the door. Nobody presented and the taxi drove off. Soon after, a Domino's Pizza delivery car arrived. Again, there was an unsuccessful attempt to deliver a pizza. You maintained surveillance of the address and CCTV footage shows you maintaining surveillance on EK's address.
34
Soon after, you accessed the rear yard of the premises, jemmied open the rear door and stole the following items which included an Oroton handbag, a
Tony Bianco bag, a purse containing bank identification cards, id cards, an
Apple iPad Air, a netball backpack, a Dell branded laptop and a Volkswagen Golf vehicle, which contained a 60-inch Samsung television. The CCTV footage captured EK's door opening at 11.27 pm and her Volkswagen Golf vehicle reversing out of the driveway.
35 On 12 April 2021, EK told police that her Facebook and Instagram accounts had been compromised and passwords changed so she could not login. She confirmed that her Apple iPad was not password protected. The new email address linked to her Facebook and Instagram accounts via a particular new email address in the name of a previous victim, HE and which she later confirmed she had never owned. Police seized a backpack, iPad, laptop, identification cards, underwear and the Volkswagen Golf at your address.
36 On May 5, 2021, police seized other items belonging to EK from an address in Gladstone Park. The occupier of those premises told police that you had left the television police found there and bag at her house about a month before and that you had attended in a truck towing a white Volkswagen Golf, that you told this person you had bought from interstate. Analysis of one of your phones seized from your address revealed 11 photographs of EK saved in your gallery, one of them cropped and zoomed in on her as she was bending over in a skirt to pick up a bowling ball. That photograph was sent in a group chat with EK and her friends and you saved it by accessing her Facebook Messenger account.
37 Police also observed that EK's Facebook profile account was stored in your offender's Facebook application and that you had logged in on her Tinder account on your mobile phone.
38
Charge 28 is a rolled up charge of handling stolen goods. On 15 April 2021, police from the Moonee Valley crime investigation unit, attended your address at
27 Upland Road, Strathmore, executed a search warrant and found the following items, an Australian passport and identification documents belonging to NH, which were taken in a burglary by an unknown offender in Loch Street, Coburg on
12 February 2020. NH had advertised on flatfinders.com.
39 Second, they found multiple items of jewellery and underwear belonging to HE and ED, taken from a burglary by an unknown offender in Swan Street, Footscray in May 2020. Again, those victims had advertised on flatlmates.com and Fairy Floss Real Estate. Three, an Australian driver's licence, an Australian passport, housekeys and underwear belonging to RM taken in a burglary by an unknown offender at Murray Street, Brunswick West on June 16, 2021. RM had advertised for a flatmate on flatmates.com. D, a smart watch belonging to AT, taken in a burglary by an unknown offender in Swan Street, Footscray on 12 January 2021. AT had advertised on flatmates.com and Fairy Floss Real Estate.
40 Five, flash drive belonging to YT taken in a burglary by an unknown offender at Rupert Street, Footscray West on February 1, 2021. YT had advertised on flatmates.com, flatmatefinders.com and roomgo.com. Six, a Gucci handbag and a Gucci bag and purse, an HP laptop, jewellery box, more jewellery, USB and a Victorian boat licence belonging to NDN taken in a burglary by an unknown offender at Moreland Road, Brunswick West on 10 March 2021.
41 During the search police also located Victoria Police equipment, possession of which underlies summary Charge 20, possessing a Victoria Police equipment without authorisation, drugs of dependence later analysed as being methylamphetamine underlying indictment Charge 29, possess a drug of dependence and identification information consisting of various passports, which underlies summary Charge 23, possessing identification information.
42 As I have already outlined, you have used identification information to commit an indictable offence relating to using HE's identification documents to register an Optus mobile phone, which you used to order pizzas on two occasions to premises which were later burgled and items stolen. At the time of committing these offences you were also on bail for stalking charges against another woman. That underlies summary offence 24, committing an indictable offence on bail.
43 After your arrest you were interviewed by police in a record of interview in which you made admissions to possessing stolen goods but denied stealing them, denied ever having a white Mazda. You said all of the passports and identification cards located in your bedroom were given to you by various associates. You said the Volkswagen Golf was given to you by an associate. You said you found the keys in the ignition when you took possession of it and you said your reason for taking the car was because you were having issues with your own vehicle. In other words, you made admissions to using a car knowing it was stolen.
44
This matter first came before the courts at a committal mention on
10 September 2021. There were a number of adjournments. There was a case conference where plea negotiations took place and a tendency notice argued. Eventually the matter resolved and was listed for a plea on 7 December 2022. It could not be said that this was a plea made at the first opportunity. However, I recognise that there were substantial amendments made to the charges originally laid against you and that your counsel has submitted there was always an intention to plead to appropriately framed indictment.
45
The maximum penalty for burglary is 10 years' imprisonment or 1200 penalty units. The maximum penalty for theft is 10 years' imprisonment or 1200 penalty units. The maximum penalty for attempted burglary is five years' imprisonment or
600 penalty units. The maximum penalty for possessing a drug of dependence is one years' imprisonment or 30 penalty units. The maximum penalty for possessing Victoria Police equipment without authorisation is one years' imprisonment or
120 penalty units. The maximum penalty for possessing identification information is five years' imprisonment or 600 penalty units. The maximum penalty for committing an indictable offence whilst on bail is three months' imprisonment or
30 penalty units. The maximum penalty for using identification information to commit an indictable offence is five years' imprisonment or 600 penalty units.
46 I received a large number of victim impact statements from the occupants of the premises you burgled. It is clear your offending has caused widespread distress and anxiety which is ongoing. Victim after victim told of their continuing fear and apprehension discovering their homes had been broken into and items taken. Many of the victims were women, from whom you stole sex aids and underwear in addition to other items of value, adding another layer of apprehension and fear to their distress. Many of the items were irreplaceable.
47 One victim lost all the jewellery left to her by her grandmother. Another lost two shirts belonging to a brother who had suicided. Those items being all she had physically left of him. Many of the victims have gone to the expense of installing security cameras and equipment as a result of your offending. Others describe ongoing sleeplessness, fear and continuing insecurity. Many victims reported financial loss as a result of items being stolen, of having to move house because they felt too insecure to remain where they were. Many developed fears of being alone in their homes or expressed a sense of violation.
48 The owner of one of the cars stolen had to buy a new car, insurance covering only about a third of its cost price being put to the added expense of now supporting a loan. The discovery that you had hacked into victim's accounts, Facebook accounts, Instagram accounts, flatmates accounts and compromised and caused yet more distress. It is clear from the moving and often rending statements that were tendered that you have caused grave ongoing psychological, emotional and financial damage in this spree of offending.
49 I now turn to your personal circumstances. You are 37 years of age, the second of four children born to your parents and you also have a maternal half-sister. Your parents separated when you were five and you then lived with your father and paternal grandfather while your siblings remained with your mother. You continued to attend the same school as your brothers and sisters and would spend alternate weekends with them and your mother.
50 Your mother re-partnered, although ultimately separated from this relationship and you told psychologist, Carla Ferrari, whose reports dated 7 November 2021 and 30 May 2022, were tendered on the plea that you had a reasonable relationship with your step-father. You described your father as supportive, nurturing and active and you were also particularly close to your paternal grandfather, who became ill after your arrest and placement on remand and died in June 2021.
51 Overall, you reported a positive childhood and described to Ms Ferrari an unremarkable education history, which involved an amount of bullying but an ability also to make friends and you played football throughout school, which you left after Year 8.
52 You worked for some years with a landscape company, then resigned to work for your father's panel beating business, completing three years of a spray-painting apprenticeship. You then had a fall out with your father, discovering he had secretly been having a relationship with the mother of your long-term girlfriend and ceased the apprenticeship.
53
You then became involved in drugs and crime in order to support yourself but then eventually began your own landscaping business, which you operated for about seven years until you were 26. You then worked in the transport industry, obtaining your truck licence in 2013. At the time of your arrest, you had begun working
part-time with a former employer in January 2021.
54
At the time of the fall out with your father you ended your relationship with that long-term girlfriend and at that time began using drugs, starting with speed from about the age of 20 to 21, then amphetamines from about the age of 23. You have used ice ever since, reporting that your longest period of abstinence was about
12 months in 2019, when you were on bail and subject to random urine drug screens. You were introduced to GHB and had an accidental drug overdose on this when you were 23.
55 Your family at that time learned of your substance abuse and you moved back in with your grandfather and father to recover. In 2013, you completed a rehabilitation program at Malvern Private and you have also attended drug and alcohol counselling as part of a number of community corrections orders you have been placed on over the years.
56 Apart from your first relationship you had a second long-term relationship for about four years from age 26, which involved mutual drug use and ended after you moved back with your father following the GHB overdose.
57
In 2015 you were involved in a six-month relationship where your partner's
two-year-old son died, either due to sudden infant death syndrome or a
cardio arrest. Police investigated but there were no suspicious circumstances. You found the child and performed CPR on him and in April 2021 you had to give evidence at the Coronial Inquest into his death. The relationship ended when you and your partner both began using substances to cope with this trauma.
58 In 2016 you formed another relationship during which your partner's child accidentally consumed methylamphetamine. You were charged with negligence and child abuse and remanded in custody. Ultimately, the charges were dropped and you were released but due to procedural delay the charges were not formally withdrawn until October 2020, you remaining on bail up until that time. This was the period of time I have referred to where you remained abstinent from drugs.
59 Your counsel informed me there was also an amount of press coverage of the proceedings relating to the incident which caused you considerable distress and you also underwent the distress of wondering whether you had been responsible for the death of that child.
60 You reported to Ms Ferrari a history of depression and anxiety beginning in childhood when you experienced severe separation and anxiety and stress when your siblings would leave to return to their mother's or anytime your father and grandfather went on a trip.
61 When you were released on bail in 2019 you experienced suicidal ideation and in fact made a suicide attempt via carbon monoxide, trying to gas yourself in a car. You suffered further stress during COVID restrictions, which prevented you from seeing your nieces and nephews. You felt helpless and powerless. You also reported suicidal ideation during your current remand following your grandfather’s death, you experiencing guilt for being in custody at the time and believing that your predicament may have adversely affected his health.
62
You have been intermittently medicated for depression and anxiety since 2012. You have been continuously on an antidepressant since 2018. You told
Ms Ferrari that you engaged in the offending before the court because you had relapsed back into ice use to manage depression and anxiety and trauma symptoms such as flashbacks and nightmares relating to the death of your former partner's son. These were exacerbated by the subsequent issue with your next partner's child unintentionally ingesting ice and your remand for nine months after that.
63
You said your symptoms also worsened after you gave evidence at the
April 2021 Coronial Inquest. Your mental state was also I understand, affected by restrictions arising from the COVID-19 pandemic, as you were limited in being able to have contact with your family, could not work and ultimately relapsed back into ice use, during which time you made the suicide attempt.
64
Testing by Ms Ferrari in October 2021 revealed a moderate level of
post-traumatic stress disorder symptomatology. You were also diagnosed as presenting with symptoms consistent with a generalised anxiety disorder, together with the development of a major depressive disorder. She also assessed you as suffering a severe stimulant use disorder at the time of your offending. Ms Ferrari assessed you as being a moderate to high risk of violent recidivism should you relapse into substance abuse.
65 In her report dated 30 May 2020, Ms Ferrari noted that further testing revealed a worsening of your symptoms, you suffering moderately severe levels of depression of the generalised anxiety disorder and of PTSD symptomatology. She assessed you as a moderate risk of general recidivism, based on your prior criminal history, pattern of substance abuse, poor coping skills and untreated mental health issues. She gave the opinion that you were likely to experience custody as significantly more difficult than an individual without your conditions
66 You wrote a general letter of apology to your victims, which was submitted on the plea, stating you were embarrassed and ashamed of your actions, that you had read the victim impact statements and that they had made you realise how your actions had impacted others and 'how lasting trauma inflicted by my offending can be'.
67 Whilst in custody you have undertaken a 12 AOD program and I also received references from your mother, brother, aunt and your father and his partner. They all express their continuing support of you and described you as otherwise being a kind and caring man, who is now reflecting on the poor choices he had made and expressing remorse to them.
68 You have an extensive prior criminal history going back to 2011. You have been dealt with over the years for stalking, unlawful assault, reckless conduct in danger of injury, theft, possession of drugs, possessing housebreaking implements, driving offences, burglary, contravening family violence orders, possessing Victoria Police identification equipment without excuse, possessing a controlled weapon without excuse, using a carriage service to harass possession of ice contravening bail, dishonestly undertaking the retention of stolen goods, most of which you have received a large number of community corrections order, many of which you have then gone on to breach.
69 The victim impact statements graphically illustrate why courts deal harshly with offenders like you, who break into the homes of others and take their belongings. As Victorian Court of Appeal President, His Honour Mr Justice Winneke stated in DPP v Jovacic [2001] VSCA 43 at paragraph 92, quote, 'Crimes such as these strike directly at the heart of people's security and their capacity to feel safe in their own homes'.
70
The New South Wales Court of Appeal described the effects of this offending in Hayes [1984] 11 Australian Criminal Reports, 189-190, 'Householders cannot leave their homes in confidence that their contents will be safe. The trauma of
re-entering a home that has been ransacked is itself no light matter. This can cause a continuing uneasiness and disquiet at the knowledge than an unknown person has invaded the sanctity of the home. Added to this is the emotional distress at the loss of property, including treasured items that frequently have sentimental value far in excess of their intrinsic worth. The invasion of people's homes and the plundering of their property is a social evil from which the community looks for protection to the law enforcement agencies and the criminal courts'.
71 Your offending was prolonged, organised, pre-mediated and sophisticated involving use of technology by which you also invaded the online space of many victims. Adding to the distress and feeling of invasion and violation by many of your female victims, you, in a large number of these cases stole their intimate items such as underwear and sex aids.
72 I accept the emotional distress under which you were labouring at the time and your resultant collapse into drug use. But the breadth, nature, organisation and deliberation of your offending in my view cannot be explained away by your personal difficulties. As the Court of Appeal stated in Vuco [2008] VSCA 270 at paragraph 23:
'The court has repeatedly emphasised that where an addict is fully conscious of his criminality and continues to resolve his problems by the pre-mediated commission of serious crimes the addiction will not ordinarily require any substantial reduction in moral culpability, general and specific deterrence is here in particular significant as sentencing considerations'.
73 In sentencing you I take into your account a plea of guilty. I accept that you do now have some remorse and insight as to your offending. I accept that the plea has saved your victims the trauma of undergoing cross-examination at trial. I accept that any trial would have been lengthy and expensive, although in my view it was a strong Crown, but I accept however that your plea of guilty has spared the community that burden.
74 I accept this has particular significance in the current climate where the court is dealing with a backlog of trials caused by pandemic restrictions. I take into account that you suffer long term psychological ill health, which was exacerbated by your experiences relating to the children of your former partners that will make the service of a term of imprisonment more difficult for you than a prisoner not suffering such conditions. I accept that those conditions led you to return to drug use and that your offending was carried out in order to fund your drug dependence.
75 I accept that you have the support of a loving and pro-social family. I also take into account the time lost by you in custody in 2019, when you were remanded for charges which were ultimately withdrawn. I accept that in custody you have taken what opportunities you can and that your time in custody has been made more difficult by the restrictions imposed due to the pandemic.
76 I note that you were also severely assaulted in November 2021, whilst on remand for this offending, which quite apart from the physical trauma has added to your ongoing difficulties with anxiety. You have also been placed in protection as a result. I accept that there must be moderation of your sentence in the light of these factors as urged upon me by counsel.
77 It is also clear however, that the principles of just punishment, denunciation of your offending which has caused widespread pain and distress and general deterrence aimed at deterring others minded to offend as you have to advertise they will be dealt with seriously by the courts, are prominent in the principles to be applied in your case.
78 Further, my view is that on the material before me I can only be guarded as to your prospects of rehabilitation until you attend to the drug dependency which has dominated your life for so many years and caused you to behave in such an unconscionable way towards so many innocent people.
79 Therefore, both specific deterrence, that is a sentence designed to deter you from further offending and protection of the community are also important aspects of the sentencing exercise before me.
80 I therefore sentence you as follows. Charge 1, 12 months' imprisonment. That is for burglary.
81 Charge 2, theft, two months' imprisonment.
82 Charge 3, burglary, 12 months' imprisonment.
83 Charge 4, theft, 12 months' imprisonment.
84 Charge 5, burglary, 12 months; imprisonment.
85 Charge 6, theft, 12 months' imprisonment.
86 Charge 7, burglary, 12 months' imprisonment.
87 Charge 8, theft, 18 months' imprisonment.
88 Charge 9, attempted burglary, 12 months' imprisonment.
89 Charge 10, burglary, 12 months' imprisonment.
90 Charge 11, theft, 12 months' imprisonment.
91 Charge 12, burglary, 12 months' imprisonment.
92 Charge 13, theft, 12 months' imprisonment.
93 Charge 14, burglary, 12 months' imprisonment.
94 Charge 15, theft, 12 months' imprisonment.
95 Charge 16, burglary, 12 months' imprisonment.
96 Charge 17, theft, 12 months' imprisonment.
97 Charge 18, burglary, 12 months' imprisonment.
98 Charge 19, theft, nine months' imprisonment.
99 Charge 20, burglary, 12 months' imprisonment.
100 Charge 21, theft, 12 months' imprisonment.
101 Charge 22, burglary, 12 months' imprisonment.
102 Charge 23, theft, nine months' imprisonment.
103 Charge 24, burglary, 12 months' imprisonment.
104 Charge 25, theft, nine months' imprisonment.
105 Charge 26, burglary, 12 months' imprisonment.
106 Charge 27, theft, two years' imprisonment.
107 Charge 28, handling stolen goods, 18 months' imprisonment.
108 Summary offence 20, possess police identification, five months' imprisonment.
109
Charge 29 - I should have said that before - possess a drug of dependence,
two months' imprisonment.
110 Summary offence 23, possess identification information, eight months' imprisonment.
111 Summary offence 47, use identification information to commit and indictable offence, 10 months' imprisonment.
112 Summary offence 24, committing an indictable offence on bail, one month imprisonment.
113
The base charge will be the charge imposed on Charge 27, theft. I order that
two months of the sentences imposed on Charges 1, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 24 and 26 be served cumulatively to the sentence imposed on Charge 27 and to each other.
114 I order that six months of the sentences imposed on Charges 8 and 28 be served cumulatively to the sentences imposed, the sentence on Charge 27 and all other sentences.
115
I order that three months of the sentence imposed in relation to
summary offence 47 and one month of the sentences imposed on
Charge 19 and 23 and 25 and summary offence 20 and summary offence 23
and summary offence 24 are to be served cumulatively to the sentence imposed on Charge 27 and all other sentence.
116 This should lead to a total effective sentence of seven years and three months and I order that you serve a minimum term of five years and six months before becoming eligible for parole.
117 What is the PSD please? I declare that 718 days have already been served by way of pre-sentence detention.
118 Pursuant to s6AAA I declare that had you not pleaded guilty I would have sentenced you to a term of imprisonment of eight years and ordered that you serve a minimum term of six years.
119 Now, there are forfeiture and disposal orders. All right. Thank you. There are those orders. Is there anything else I need to attend to?
120
MS DELTONDO: Your Honour, I just wanted to confirm that Charge 2 was
two months' imprisonment.
121 HER HONOUR: It was two months. That would be the PlayStation, the $300.00 PlayStation.
122 MS DELTONDO: Yes, Your Honour. When Your Honour went through the factual basis of incident 3 - - -
123 HER HONOUR: What did I do?
124 MS DELTONDO: Your Honour said that a Victorian badge was stolen. I believe just Your Honour intended to say Victoria Police.
125 HER HONOUR: A Victorian Police badge, yes. I did intend to say that.
126
MS DELTONDO: And when Your Honour mentioned the plea date, I believe
Your Honour said 7 December 2022, which was a mention date rather than a plea date.
127 HER HONOUR: It was a mention date but what I meant was the plea date was set on that date.
128 MS DELTONDO: Yes. Yes, Your Honour.
129 HER HONOUR: All right and until the plea was ultimately heard before me.
130 MS DELTONDO: As Your Honour pleases. We'll do the maths from that after, Your Honour - - -
131 HER HONOUR: Look, I'm pretty sure it's right. It would be nice if one of my long sentences was actually right. They're often not.
132 MS DELTONDO: Yes, if Your Honour pleases.
133 HER HONOUR: All right but I've gone through it a couple of times.
134 MS DELTONDO: Thank you, Your Honour.
135 HER HONOUR: All right.
136 MS GAUNT: Trust your own instinct.
137 HER HONOUR: Thank you. Is there anything else I need to attend to?
138 MS GAUNT: No, Your Honour.
139 MS DELTONDO: No, Your Honour.
140 HER HONOUR: Thank you very much. Yes. Thank you. We will stand down to 11 o'clock.
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