Director of Public Prosecutions v Doxas, Peter
[2012] VCC 2032
•17 December 2012
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No: CR-11-01543
CR-11-01540
CR-11-01542
CR-11-01541
| DIRECTOR OF PUBLIC PROSECUTIONS |
| V |
| PETER DOXAS JAMAL ARABI KON DOXAS CHRISTOPHER LINTON |
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JUDGE: | HER HONOUR JUDGE COTTERELL | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 3-4 September 2012, 22-23 October 2012 | |
DATE OF SENTENCE: | 17 December 2012 | |
CASE MAY BE CITED AS: | DPP v Doxas, Peter; Arabi, Jamal; Doxas, Kon & Linton Christopher | |
MEDIUM NEUTRAL CITATION: | [2012] VCC 2032 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms C. Lee | Office of Public Prosecutions |
| For Accused Arabi For Accused Kon Doxas For Accused Peter Doxas For Accused Linton | Mr D. McGlone Mr G. Chisholm Mr P. Casey Mr J. Jassar | Lewenberg & Lewenberg Slades & Parsons Chris McLennan & Co Melasecca, Kelly & Zayler |
HER HONOUR:
1 Peter Doxas, you have pleaded guilty before me to one charge of criminal damage, one charge of kidnapping and one charge of common assault.
2 Jamal Arabi, Kon Nick Doxas and Christopher Linton, you have pleaded guilty before me to one charge of kidnapping and one charge of intentionally causing injury.
3 The maximum penalties for each of those offences is as follows: kidnapping, 25 years imprisonment; intentionally causing injury, ten years imprisonment; common law assault, five years imprisonment, and criminal damage, ten years imprisonment.
4 The facts of the matter were opened by the prosecutor and the prosecution summary was tendered as Exhibit A on the plea.
5 These offences occurred on 8 December 2010 in the context of a long term association between the complainant in this matter, Bradley Fraser, and you, Jamal Arabi, and others of you. Jamal Arabi, you lived in the same street as Bradley Fraser and his family and you were apparently at the time, owed a sum of money by Bradley Fraser which he was paying to you in fortnightly instalments.
6 Prior to this incident, the complainant's younger brother, Ashley, had his car taken, he says by you, Jamal Arabi, Peter Doxas and Jimmy Nguyen, your other co-accused. Following an argument, Bradley Fraser told you, Jamal Arabi, that he would not repay the debt that he owed you. Kim Fraser, who is Bradley's mother, was present during this argument and the fact that she did not intervene in the argument on behalf of her son led to a dispute within the family and Bradley Fraser made his mother and three sisters leave the house while he remained there with his two younger brothers.
7 Bradley Fraser received, shortly after this, phone calls from someone telling him that there was going to be a run-through of his house, and Arabi, your brother visited the complainant, Bradley Fraser, and gave him an ultimatum about paying the debt that he owed to you.
8 On the day of the offending, Kim Fraser and one of her daughters, Samantha, returned to the house to collect some belongings. Kim Fraser told her son, Bradley, that he would be evicted and a further verbal dispute followed. You, Arabi, picked up Kim and Samantha Fraser and took them away from the house. At that time Kim Fraser and her three daughters were staying at 140 Aherns Road, Epping, where you, Kon and Peter Doxas, and your co-accused Michael and Jimmy Nguyen, were living.
9 At about 9.30 pm on that night, 8 December, Bradley Fraser was at home with his neighbours Kirsty and Josh Myer, aged 16 and 13 respectively, and 17 year old Adam Pink. He heard a window smash in the front of his house. When he went to the door he saw you, Peter Doxas, and a few other people standing at the door. He ran towards the back door which was pushed open and you, Arabi, Kon Doxas, Christopher Linton and a fourth unidentified male, rushed in. You, Arabi, and Kon Doxas were both armed with bats or poles. Daniel Fraser observed you, Kon Doxas, to be armed with a pole and also saw you, Arabi and Linton, inside the house. He retreated to a back bedroom when ordered to "fuck off" by you, Kon Doxas.
10 Arabi, you and Kon Doxas were both hitting Bradley Fraser with your weapons. He was knocked to the ground and eventually dragged, struggling, out the back door and into the backyard where he was further assaulted. This incident is the basis for the charge of intentionally causing injury against you, Arabi, Kon Doxas and Christopher Linton. I note that Christopher Linton was present and was not armed.
11 Peter Doxas was observed to be carrying a mental pole by Adam Pink, the young neighbour who was present in the house, when he went to the front door. When he refused to open the front door you, Peter Doxas, smashed the window, and that is the basis of the criminal damage charge, Charge 1, against you.
12 Kirsty Myer, who was also present in the house, observed you, Arabi, hitting Bradley Fraser with what she thought was a cricket stump, outside the house, and she observed you, Kon Doxas, Linton and Arabi all dragged Fraser towards the front of the house and forced him into a vehicle belonging to you, Kon Doxas.
13 You were observed to be violently forcing Bradley Fraser into the car by several neighbours. Bradley Fraser continued to struggle and was eventually dragged and forced into the car which was to be driven by you, Peter Doxas. Christopher Linton, you got into the front seat with Peter Doxas and the complainant, Bradley Fraser, sat in the back with you, Arabi and Kon Doxas. Bradley Fraser attempted to gain the attention of a passing police car and you, Kon Doxas, taped his arms with black electrical tape. He was held down when he attempted to free himself. He stated that when he was forced into the car he was terrified and did not know what was going to happen to him. Whatever the previous relationship between you all, this must have been a terrifying experience.
14 With the vehicle you took Bradley Fraser to that address, 140 Aherns Road, Epping. He had attended that address before and knew that you, Kon and Peter Doxas, and your other co-accused Jimmy and Michael Nguyen, were living there. You, Kon Doxas and Arabi, took Bradley Fraser out of the car in the garage where Jimmy and Michael Nguyen were present. They were both on crutches, having been recently injured in a car accident. The electrical tape was taken from Bradley Fraser's arms and Jimmy and Michael Nguyen hit him and poked him to the back and shoulder area with their crutches. You, Peter Doxas, were also seen by Fraser to be in the shed at the same time observing and that incident forms the basis for the common assault charge, Charge 4, against you Peter Doxas.
15 The Nguyens have already been sentenced in relation to the single charge that flowed from those events in relation to them.
16 At some stage, Fraser was given a cigarette and some water and was told to get back into the car, and the three of you, Arabi, Kon Doxas and Linton, drove him to near the Epping station and released him. He entered the station at 10.45 pm, caught a train to Preston station where he was met by the police.
17 Police immediately began surveillance outside the address in Aherns Road and you, Peter Doxas, were arrested in the early hours of 9 December, as you left the premises, and at about 1.20 am police arrested you, Kon Doxas and the Nguyens, at that house. The mother of the complainant, Kim Fraser, and her two daughters, were also found to be present at the house at the time of the arrest.
18 You, Peter Doxas, made denials in relation to the events of the evening but a search warrant was executed, your vehicle was seized and police located crushed and used black electrical tape and the roll it came from in the garage.
19 Swabs of blood were taken from the lining of the front off-side door and rear nearside arm rest and submitted to DNA testing. Analysis of the blood established that it came from the complainant, Bradley Fraser, with a very high percentage chance. The screwed-up tape gave a similar result with a likelihood ration of one in 39 billion.
20 You were all charged and the matter went through a fully contested committal hearing for all of you. It was listed then for a three week trial starting on 3 September 2012 and on that day plea offers were made in relation to you, Kon and Peter Doxas, and you, Arabi and Linton, and on 4 September you were all arraigned before me.
21 You have pleaded guilty to charges which include kidnapping, which carries an extremely high sentence, indicating the seriousness with which such behaviour as you demonstrated in committing these offences is viewed by the Parliament in this state. I accept that this is a serious matter as it involves violence, despite the fact that you were all known to each other and there was no ransom, or indeed any particular advantage to any of you, to be gained from the kidnapping. The complainant was taken to an address with which he was familiar and was released after a relatively short period of time. I take those matters into account when considering what the appropriate sentence is.
22 You are entitled to a discount, each of you, in relation to your pleas of guilty and I note that you have saved the community the expense of a trial and you have saved the witnesses from giving evidence again.
23 I note further that each of you spent time in custody before obtaining bail, which will of course be taken into account as time served in relation to your eventual sentences.
24 I now turn to matters personal each of you.
25 Peter Doxas, you and your brother were born in Australia to a mother of Lebanese origin and a father of Greek origin who was violent towards your mother. Your parents separated when you were 13 years old and you remained with your mother whose difficulties in controlling you led to you running wild in your teenage years.
26 You left school at 15 after completing Year 9, having spent time at Baltara Special School and Collingwood Alternative School, in addition to the Mill Park Secondary School. Having left school you commenced work as a bricklayer and completed half of an apprenticeship. You have also done cabinet-making and worked as a door-to-door salesman.
27 At the age of eight you were diagnosed as suffering ADHD and were prescribed Ritalin and dexamphetamine for many years. You also began experimenting with other drugs and alcohol in your early teens and in the last four years you have used methylamphetamine which has led you into a lot of trouble. You have sought treatment through YSAS and have demonstrated certainly a strong will in that you have completed a residential withdrawal program through that organisation. However, soon after that you relapsed.
28 You are currently in custody in relation to other matters. I note that you were remanded on 10 June 2012 and are currently at the Melbourne Remand Centre where you work in the kitchen. Your mother, her partner and your girlfriend remain supportive of you and continue to visit you.
29 You have had a number of court appearances, all of which have resulted in no conviction except for driving and one drug matter.
30 I was provided with a psychological report prepared by Ian McKinnon, and although it was not formally tendered I will now identify it as Exhibit 1PD. Mr McKinnon indicates that the results of his clinical observations would suggest that your functioning intelligence is within the normal adult range and you have normal general cognitive function. There is no evidence of any overtly obvious organic brain disease or acquired brain injury. His opinion was you did not appear to have any symptoms which met the clinical criteria for any major diagnosable psychological disorder at the time of assessment, however, he suggested you will be vulnerable to relapsing into substance abuse when you are eventually released from prison. That of course will be a matter for you because you are apparently of sound mind and it is for you to exercise your will and make sure that when you complete these sentences that you manage to get on with your life as you are still a very young man.
31 Mr McKinnon also indicates that at the time of these offences you were probably suffering from a poly-substance abuse disorder based on your reported smoking of .5 grams of ice each day and he says that is further enforced by the fact that you were engaging in impulsive and irrational behaviour and neglecting your physical and general wellbeing.
32 The version of events given to you by Mr McKinnon denied any involvement of debts or money. You stated that the aim was to get the complainant, Bradley Fraser, to reconciles with his mother. It appears that you were able, however, in hindsight, to appreciate the irrational and destructive aspects of your actions. His indication is you will need structured support to address your substance abuse issues, social difficulties and self-destructive behaviour, and that in one way bodes well for eventually when you are released that you will be able to get appropriate treatment and you will be able to rehabilitate yourself.
33 I further note you are in custody at the moment in relation to other matters, including theft of a motor vehicle, two burglaries and driving whilst disqualified. As I understand it, these offences were committed after you were released on bail for these matters. You have also in the time you have been in custody served one month, which commenced on 10 October 2012, in relation to a drive whilst disqualified and theft of petrol. I accept that as I am sentencing you today you will have spent already close to eight months in custody.
34 You are now 21 and you were 19 at the time of committing these offences. You are a youthful offender and rehabilitation is of high importance in the case of any such offender, who will eventually be returned to the community. I take all those matters into account and I further take into account your plea of guilty, as I indicated.
35 You, Kon Doxas, are now aged 27 and you are the older brother of Peter Doxas. Your mother had you when she was 16 and you, like your brother, suffered the dysfunctional relationship between your parents which included violence committed by your father who eventually left your mother and the family and moved to live with the woman next door. The conflict, as I understand it, continued and was ongoing.
36 You have had a relationship which has produced two daughters. That relationship ended some two years ago and I note that you have not seen your daughters for the last 12 months.
37 Your drug use was a form of self-medication which began when you were about 17. You have used cannabis, amphetamine and methylamphetamine.
38 A bundle of documents was tendered as Exhibit 1KD on the plea. It contains a report by psychologist Gina Cidoni which also sets out your background and also refers to your involvement in the motor vehicle accident with your co-accused, Jimmy Lee and Michael Nguyen, where you received a laceration to the head. It appears that you have had some four incidents involving blows to the head.
39 You also had learning difficulties at school and as a result of these matters you were referred to a neuro-psychologist, Loretta Evans. Her assessment revealed a considerable discrepancy between your language functioning and your other capacities, which were within the low average or higher range. She indicated that you may have a specific language impairment which may have affected your education.
40 The result of the assessment done by Ms Cidoni indicates that you have a below average intellectual capacity which accords with the neuro-psychological report, where it was indicated that you had reduced abilities in concentration, attending to and processing information.
41 A Court Integrated Services Program final progress report was also part of Exhibit 1KD where your worker reported that you appeared motivated and engaged and you successfully completed the CISP program whilst on bail in relation to these matters.
42 You have clearly had a difficult upbringing and a great deal to contend with given your family disintegration and your criminal history is quite extensive. You have appeared repeatedly before the Heidelberg Magistrates' Court from 28 February 2005 for numerous driving offences, criminal damage, breach of an Intervention Order and assault police and in January 2010 you were convicted and sentenced to 32 days imprisonment for recklessly causing injury, criminal damage and other matters.
43 In submissions on your behalf, your counsel indicated that you were not involved in any of the preceding matters leading up to the eventual kidnapping of Bradley Fraser. He also submitted that the effect would have been less on you as Bradley Fraser's mother and sisters were living at the house in Epping where he was eventually taken on that night and assaulted. His submissions were that you were well-intentioned and felt that Bradley needed to talk to his mother and sisters in order to resolve the incident. You understand with hindsight that the attempts went very badly wrong and of course that there will be serious consequences as a result of that.
44 Your counsel urged that rehabilitation is still an important matter in relation to you. He also submitted that your intellectual disability reduces your moral culpability and that you are not an appropriate vehicle for the consideration of general deterrence - that is that others in the community be deterred by any sentence I impose on you. Further, that you will incur greater difficulties serving any custodial sentence than would a person without the disability from which you suffer. He also made a submission that there is a nexus between your disability and your offending in that you considered it morally just to kidnap the complainant in order to reconcile the family.
45 I accept the submission that you will find greater difficulty, that any sentence that you may serve will be harder for you than a person who does not suffer from your disability but I find that your disability is not one which prevents you from knowing what is right and wrong. I do take into account all those matters in assessing what your sentence should be.
46 You, Jamal Arabi, are 26 and you also have come from a difficult background. Your parents left Lebanon and went to America and four of your siblings were born there, then your family moved to Sydney, started a small business, and you were in fact born in Australia, as I understand it. Your father became ill with cancer and there was a recession occurring which resulted in his business being severely damaged. Your father became bed-ridden for much of the time and as your mother had eight children she struggled to bring everyone up.
47 A bundle of documents was handed to me during the plea which I will now identify as Exhibit 1JA. The documents include a psychological report prepared by Dean Janover, psychologist, and a reference from the manager of your employer, David Poczatkiewicz and also a reference letter from Tony Mancuso with whom you have worked.
48 Your younger brother, Mohammed Arabi, also gave evidence as to the family background.
49 From the psychological report it appears that you were subjected to physical and verbal abuse inflicted on you by your father. This resulted in you leaving home at the age of 15 and you spent the next three years either homeless or living in refuges. When you were 18 you were able to move in with one of your brothers. This was obviously disrupting to your education and you left school half-way through Year 11. You have worked as a labourer and bricklayer ever since and have had constant employment.
50 You have one child with your former girlfriend, who is now five years old, and you are engaged in litigation in the Family Court seeking increased access to your son.
51 Your version of the events which bring you before the court is that you had a close relationship with the mother of Bradley Fraser, the complainant, and that when she was forced out of her home by her son you intervened. However, although you say that your motivation was the desire to help others, you admit that your actions were misguided and wrong. It appears that Bradley Fraser also owed you money and that given all those factors you were the crucial figure in the events which are before the court.
52 The psychologist's opinion is that you have a chronic low mood and that you need to address the issues stemming from your childhood. You were not diagnosed with any other psychological disorder apart from that low mood and a tendency to depression.
53 During the course of his evidence your brother, Mohammed, indicated that the family will support you when you have dealt with these matters. It appears that you also have pending charges arising from 6 September 2012, that is two days after you were arraigned in relation to these matters, and that you have some four matters listed for committal in January 2013.
54 Your prior criminal history involves the cultivation of a narcotic plant in 2005, possessing a dangerous article in 2007 and burglary and handling stolen goods which was dealt with in this court on 28 October 2008 by His Honour Judge Williams.
55 I have been provided with the sentencing remarks of His Honour which refer to the fact that at that time you had had no further trouble with the law and he sentenced you some two and a half years after you had committed the offence. He took into account all those matters and the fact that you had served almost three months on remand and His Honour gave you an opportunity and sentenced you to a period of imprisonment of 13 months, which was wholly suspended for two years. It is indeed unfortunate that you failed to take full advantage of that opportunity and I note that this current offending occurred two months after the expiration of that period of suspension.
56 Your present situation does not inspire the court with optimism as to your rehabilitation. You are someone without the psychological difficulties of some of your co-accused and it is clearly a matter for you to earn your living by work and that you should refrain from indulging in criminal activity.
57 You, Christopher Linton, are now aged 26 and have been involved with the criminal justice system since you were 18 years old.
58 Tendered as Exhibit 2CL were a number of psychological reports dating from 2004, which was the time of your first involvement in the criminal justice system. In the 2004 report it indicates that your parents separated when you were approximately eight years of age. Your mother became very depressed, and although you lived with her for most of your life you had a very difficult relationship with her. You had a good relationship with your father who suffered from leukaemia and after a long illness died in 2002 when you were 15. You also have one sibling, a sister, with whom you also have had, and continue to have, a difficult relationship.
59 The most recent report tendered as part of Exhibit 2CL is a Forensicare report prepared by Dr Rachael Campbell. It indicates that you told the author that you had been kicked out of home at the age of 15 and lived between refuges, friend’s houses and on the street. Obviously your education was severely interrupted and it ended with you being expelled for violence during Year 8. You obtained employment at a supermarket and also work in hospitality but you lost your job in hospitality having been involved in a physical altercation with a customer.
60 You began using drugs and alcohol at the age of 14 and by 17 you were drinking a bottle of spirits once a week. You have used opiates, hallucinogens, prescription drugs and also cannabis and amphetamines. Your use of ice increased so that you were using one gram daily between the ages of 19 and 25. You indicated that you had ceased drug use prior to the interview with the author. You had gone cold turkey despite having attended drug and alcohol counselling on three to four occasions at the direction of the court and you did that to avoid having to go cold turkey when placed in the prison system. The fact that you were able to do that indicates that perhaps you have a resource of willpower that you will be able to use when you are eventually released.
61 Dr Campbell indicated that you present with a number of anti-social beliefs and that you need to undergo a cognitive skills program in order to better adapt to living in the community.
62 You have repeatedly appeared before the courts in this State, as I indicated beginning in 2004 when you were sentenced to eight months detention in a youth training centre, for charges including criminal damage, making threats to kill, assault with a weapon, intentionally destroying property, theft, unlawful assault, burglary and various motor vehicle offences and reckless conduct endangering serious injury.
63 In 2005 you were convicted of theft of a motor vehicle and driving offences. In 2006 you were convicted and put on a bond in relation to one charge of assaulting police. In 2007, on 30 November, you were convicted and given a suspended term of imprisonment of four months for recklessly causing injury and trafficking amphetamine. You breached that and on 31 March 2008 that sentence of four months was restored and you were ordered to serve it. In 2008 you were also convicted and fined for shop stealing and on 11 August 2009 you received a term of imprisonment which was partially suspended for offences including shop theft, attempted robbery, theft of a bicycle and possessing a controlled weapon. You were ordered to serve three months with the remaining two months suspended for a period of 12 months. In 2010 you again received 14 days imprisonment for theft and were also fined and on 12 August 2010 you breached the sentence imposed and partly suspended on 11 August 2009 and that sentence was restored and you were ordered to serve three months.
64 At the time of this offending you were living a very unstructured life and had engaged in ongoing anti-social activities. I note from other material that in 2006 you were involved in a fire when you fell asleep while chroming with petrol and you were severely burnt. You underwent a period of physiotherapy and skin grafts and indicated to Dr Campbell that you suffered significantly, both socially and interpersonally, due to the suffering you had undergone due to the extensive burns and scarring.
65 I note that you too pleaded guilty to the two offences with which you are charged. Your counsel submitted that you had not been involved in any of the pre-planning or the events which preceded the kidnapping, although you heard others discussing it, and you gathered that it was an attempt to, as you put it, repatriate the family. You were in the car and had no other way of getting back to your residence in Glenroy. I note you did not arm yourself when you attended at the home of Bradley Fraser and you did not hit him, although you did say "put him in the car" during the struggle.
66 Regarding the kidnapping, your counsel further submitted that although it is true that Bradley Fraser was taken against his will, there was no ransom asked, no blackmail and no gain to all of you who participated in the offence.
67 Your counsel submitted that this is a kidnapping at the lower end of the scale and the injuries incurred by the complainant are also at the lower end of the scale, including minor scratches and a bruise to the eye. He further submitted that the low injuries resulted in the doctor who examined him saying that they were inconsistent with the description of the attack he had given. Further, although there was a swelling to the side of the complainant's jaw, he conceded he had been suffering a tooth ulcer.
68 Your counsel also raised the fact that you lacked literacy and are suffering from the difficulties of your upbringing and depression, that you had also been on ADHD from the age of six to 14 and that you spent time in foster homes during the early part of your childhood.
69 It appears you have had no work since 2003 and in that year your mother and sister took out an Intervention Order against you and you have had an itinerant lifestyle from that point on.
70 It appears you have continued to use ice, as I indicated previously, and you are both psychologically and physically dependent. Your counsel further submitted that your impaired mental functioning means I should moderate the requirement for general deterrence which is a factor to be taken into account in sentencing you. He also urged that I consider that you have reduced moral culpability and that any longer term of imprisonment would weigh more heavily on you than it would on a person who did not suffer from your post-traumatic stress disorder, pre-existing depression and anxiety.
71 I now turn to the other matters I need to take into account in sentencing each of you.
72 Firstly, general deterrence, that is that others in the community should be deterred from engaging in behaviour such as yours when you forcefully entered the home of the complainant and removed him in the presence of friends and other people, assaulting him and driving him to another location where he was further assaulted before being released. Anyone who may think to behave in such a way for whichever of the two motives which have been expressed to this court, that is to recover a debt or to forcefully reconcile someone with their family, must understand that serious consequences will flow.
73 I also need to take into account specific deterrence. You have all had court appearances, although this is by far the most serious offence any of you have faced, and I consider specific deterrence to be of some importance in any sentence I impose on each of you.
74 I am further required to denounce your conduct on behalf of the community and I do so. Your actions in breaking into another person's home to extract someone and take them away by force is behaviour which will not be tolerated by this community. If more people were to adopt your attitude we would be living in complete chaos and I denounce your conduct absolutely on behalf of the community in which we all live.
75 Finally, I am required to impose just punishment in all of the circumstances in any sentence which I impose.
76 I have also been referred to statistic and cases in relation to kidnapping which have served to inform me as to current sentencing practices. I have taken them into account as far as they are relevant to the specific circumstances of this offending and of each of you.
77 Having considered all the matters put before me on behalf of each of you, I have reached the conclusion that the only appropriate sentence to reflect the seriousness of this matter is one of a term of imprisonment. In reaching that decision I balance the matters put in mitigation in relation to each of you against that objective seriousness and I take into account the principles of cumulation and parity.
78 You have all had extremely difficulty backgrounds which have disadvantaged you and I have allowed for a significant period of parole to provide you with some assistance to change your lives on your release, as if you are unable to do so, you will be spending a lot of your lives in prison.
79 I have differentiated between you in accordance with any particular disability or age and in the roles you played in the kidnapping of Bradley Fraser.
80 Peter Doxas, would you stand for me please.
81 On Charge 1 of criminal damage, you are convicted and sentenced to six months imprisonment.
82 On Charge 2 of kidnapping, you are convicted and sentenced to three years imprisonment.
83 On Charge 4 of common assault, you are convicted and sentenced to six months imprisonment.
84 I direct that all those sentences be served concurrently. The total effective sentence will be three years and I direct that you serve 16 months before being eligible for parole. I have taken into account, in relation to you in particular, your youth and the fact that you have already served time in prison and any other matters for which you will be dealt will be taken into account as well.
85 I further order that the 109 days pre-sentence detention be deemed time served and I direct that that be entered into the records of the court.
86 Pursuant to s.6AAA I declare that but for your plea of guilty, the sentence I would have otherwise imposed would be three years five months imprisonment with 21 months to serve before being eligible for parole.
87 Please stand for me Kon Doxas.
88 On Charge 2, kidnapping, you are convicted and sentenced to three years imprisonment.
89 On Charge 3, intentionally causing injury, you are convicted and sentenced to 12 months imprisonment. I direct that three months of the sentence imposed on Charge 3 be served cumulatively on the sentence imposed on Charge 2.
90 That in my calculation gives a total effective sentence of three years and three months and I direct that you serve 15 months before being eligible for parole. In particular I have taken into account your psychological and intellectual difficulties.
91 I order that the 37 days pre-sentence detention be deemed time served and I direct that that be entered into the records of the court.
92 Pursuant to s.6AAA I declare that but for your plea of guilty, the sentence I would have otherwise imposed is three years nine months with 21 months to serve before being eligible for parole.
93 Thank you, you may be seated.
94 Please stand for me Jamal Arabi.
95 On Charge 2 of kidnapping, you are convicted and sentenced to three years imprisonment.
96 On Charge 3 of intentionally causing injury, you are convicted and sentenced to 12 months imprisonment. I direct that three months of the sentence imposed on Charge 3 be served cumulatively on the sentence imposed on Charge 2.
97 That in my calculation is a total effective sentence of three years three months imprisonment and I direct that you serve 20 months before being eligible for parole.
98 I order that the 30 days pre-sentence detention be deemed time served and I direct that that be entered into the records of the court.
99 Pursuant to s.6AAA of the Sentencing Act I declare that but for your plea of guilty, the sentence I would have otherwise imposed is three years nine months imprisonment with 27 months to serve before being eligible for parole.
100 Thank you, you may be seated.
101 Please stand Christopher Linton.
102 On Charge 2 of kidnapping, you are convicted and sentenced to three years imprisonment.
103 On Charge 3 of intentionally causing injury, you are convicted and sentenced to eight months imprisonment. However, I direct that those sentences be served concurrently in your case.
104 That in my calculation is a total effective sentence of three years imprisonment and I order that you serve 14 months before being eligible for parole.
105 I order that the 49 days pre-sentence detention be deemed time served and I direct that that be entered into the records of the court.
106 Pursuant to s.6AAA I direct that but for your plea of guilty, the sentence I would have otherwise imposed is three years five months imprisonment with 20 months to serve before being eligible for parole.
107 Thank you, you may be seated.
108 That completes the sentences and I further have some ancillary orders to make which are retention orders of samples already taken. Are they all made by consent?
109 COUNSEL: Yes, Your Honour.
110 HER HONOUR: I also make the disposal orders which are also by consent. Thank you.
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