Director of Public Prosecutions v Georgiou

IN THE COUNTY COURT OF VICTORIA

Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION
CR-18-01319

DIRECTOR OF PUBLIC PROSECUTIONS

JESSE GEORGIOU

---

JUDGE:	HIS HONOUR JUDGE HIGHAM
WHERE HELD:	Melbourne
DATE OF HEARING:	7 August 2018
DATE OF SENTENCE:	16 August 2018
CASE MAY BE CITED AS:	DPP v Georgiou
MEDIUM NEUTRAL CITATION:	[2018] VCC 1418

REASONS FOR SENTENCE
---
Subject: CRIMINAL LAW

Catchwords:  Sentence – plea of guilty – two charges of intentionally cause injury – one charge of false imprisonment – two victims – two separate incidents – young offender – relevant prior convictions
Legislation Cited:     Crimes Act 1958; Sentencing Act 1991
Cases Cited:

Sentence:Convicted and sentenced to a total effective sentence of four years and six months’ imprisonment with a non-parole period of two years and nine months.
---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms S. Bruhn	Office of Public Prosecutions
For the Accused	Mr N. Brown	Paul Vale Criminal Law

HIS HONOUR:

1Jesse Georgiou, you have pleaded guilty to two charges of intentionally cause injury and one charge of false imprisonment. The maximum penalty for each of these offences is a term of imprisonment of ten years.
2On your plea, there was tendered as Exhibit 1 a summary of prosecution opening detailing the circumstances of the offending to which you have pleaded guilty. I annex a copy of the opening to these sentencing reasons.
3The circumstances of your offending were as follows.
4At about 3.20 pm on the afternoon of 12 February 2018, you were in a vehicle being driven by Ms Lola Voss, your former partner, on Morack Road, Vermont, near to Vermont Secondary College. A group of students left the grounds of the college on bicycles and scooters. One of this group was your victim, Cruiz Halifax, who was at the time 14 years of age. You believed that the group had somehow interrupted your free passage. You lent over and sounded the car's horn, shouting at the group to "get off the fucking road." One of the group of school boys gestured in your direction. This appears to have been the prompt for your subsequent actions.
5As Ms Voss slowly overtook the group of schoolboys, you jumped out of the moving vehicle and ran towards your victim. You tried to wrestle him off his scooter. You punched him approximately six times to the head and stomach, grabbed him by the throat, picked him up off his feet, and threw him onto the grass. As your victim recovered his balance, you punched him to the side of his head, knocking him to the ground. You then punched him again whilst he lay on the ground, and your victim lost consciousness. He was wearing
a helmet at the time, which I find to be an indication of the level of force that you used.
6When his friends remonstrated with you that your victim had done nothing wrong, you said something in response. You offered no assistance to the unconscious schoolboy, but walked to your home which was some 200 metres away. At your home, you were confronted by Ms Voss, who asked you, not surprisingly, why you had behaved in such a manner. The answer that you gave to Ms Voss is, in my view, truly chilling. You said to her, “They were being disrespectful."
7Your victim was taken to a medical centre and was then referred to Box Hill Hospital for assessment. He was monitored and treated for concussion, and then released into the care of his parents. He was still suffering pain and concussion on the following check-up on 16 February 2018. Those are the facts constituting the offending in Charge 1.
8The facts underpinning Charges 2 and 3 are as follows.
9Alexander Glezos was a friend that you had known for some years. He had agreed to come to your house to help you do some repair work on your Holden vehicle. You and a friend collected him from his TAFE at about 4.45 on the afternoon of 12 February 2018. This was less than an hour and a half after your first assault on the helpless schoolboy.
10You and Mr Glezos were dropped off at your home. As Mr Glezos was leaning over his bag in your bedroom, you struck him on the side of the head three times with your closed fist. When he asked you why you had done that, you said "It was for getting in with Lola." I take this to be a reference to your former partner, Ms Voss. You then punched him a further four or five times to the face and he fell to the ground. You grabbed him by his hair and whilst continuing to punch him, dragged him towards the bathroom. Your victim struggled to try and break free, saying that he had never done anything with Lola. You said he was lying and things would only get worse if he continued to lie.
11You then subjected your victim to a sustained assault and humiliation. In the bathroom, you forcibly shaved his head with a pair of electric clippers, leaving your victim petrified, his face bleeding and swollen. You then dragged him back into the bedroom where you subjected him to further physical assaults, used cable to tie him to a chair, and then recorded your victim's distress and anguish on your mobile phone. You searched through your victim's mobile phone, looking for messages between him and Ms Voss. Having found a message sent by your victim to Ms Voss, ending with an ‘x’ indicating a kiss, you demanded to know: "Why have you sent such a message?", striking him again to the head.
12At this point, your victim was crying. He was clearly terrified and in the most abject distress. You then uploaded the recording; you published your victim's distress on social media to the whole world. Shortly thereafter, your victim broke free of the cable ties. There was a struggle and you managed to force him back into the chair. You told him that the more that he moved, the worse it was going to get for him. You then got a knife and stabbed the victim's left thigh, all the while recording him. At some point thereafter, you brought your victim a bandage and a bottle of water, telling him that if he went to the police things would get worse for him than they were now.
13You then assisted him out of your house. Your victim managed to walk to a nearby pizza shop where police were called at around 6.20 pm. Taken to Maroondah Hospital, Mr Glezos presented with a stab wound to his leg and multiple facial injuries including severe swelling and bruising and
a bleeding nose. The stab wound was a small 1.5 centimetre wound and required sutures. A CT scan identified swelling under the eye socket and traces of fluid in the left maxillary that "may reflect the presence of a hairline fracture."
14Meanwhile, at approximately 6.01 pm, you called Ms Voss on a mobile, saying to her, "You cheated on me with Alex so I stabbed him. Check your Snapchat." She did so and saw a recent post from your account showing the swollen and bleeding face of your victim and his clear and obvious distress and terror. You had uploaded your interrogation of your victim. Ms Voss showed the video to her father, and she and her father immediately went to Heidelberg Police Station to report the matter and their concerns that this situation was ongoing. The police attended at your home at 8.25 pm. You were not present.
15At around 7 pm, you sent a Facebook message to your friend, Ms Taylor Hynes, saying that you had done something really bad. You later sent her a video showing you punching your victim and explaining to her that you dealt with someone who "tried to rape my ex. Only found out yesterday and I am very protective with people I love."
16At 9 pm on that evening you called Ms Voss four times and messaged her twice, saying "This is the last time I'll talk to you in eight years." And again, "Did you lag me, I'm not ready to do eight years", an apparent reference to what you believed would be your sentence if you were charged and convicted for your offending. You saw Ms Hynes later that night and confirmed to her that you had beaten someone up and the police were at your house looking for you. You told Ms Hynes that you were going to attempt to kill yourself so that it would look like you were unstable, and further, that if the police caught up with you, you would run from them.
17At 12.30 pm on the afternoon of Tuesday 13 February 2018, you spoke with officers and surrendered by arrangement to the police station at 5 pm on that day. You declined to participate in a record of interview, as was, of course, your right.
18On the plea, victim impact statements were tendered from Cruiz Halifax, his father and his mother, and from Mr Glezos. They were, respectively, Exhibits 5, 6, 7 and 4. Cruiz Halifax wrote:
"I feel a little anxious when I'm on my way home from school. I am worried there may be some retaliation from having reported this to police. I am still feeling anxious when I see cars that remind me of the one his driving. Sometimes when I see tradies and stuff like that I get a bit worried (because of his build). I have been looking around a lot more, trying to be more aware of people around me and everything. Since it happened I feel that I get frustrated easier at times, more forgetful, and more uncoordinated. It's really frustrating."

19His parents speak of their concern, his father stating:
"It is disappointing I have to worry about things like my children going to school and getting home safely."

20His mother said:
"I wish this hadn't happened to Cruiz and to all of us as a family, and I wish that the horrible feelings that I'm experiencing would go away. Sometimes I feel very angry that the offender did this to my son. I also wonder how bad things have been for the offender that have led him to behave like this. I am aware that he is quite young, and I wonder what will happen to him now and whether he will be able to get onto a better path for himself."

Such an observation by her demonstrates, in my view, a humanity and a forgiveness, Mr Georgiou, which should make you feel truly humbled and ashamed.
21Mr Glezos spoke of how the horrific scenario returns to him:
"Once it’s in my head, without fail it always makes my heart sink and instantly brings down my mood.”

22As well as detailing the physical impacts of the crime, he spoke of the emotional impact of your crime upon both him and his family.
"I feel so disheartened knowing I had never done anything wrong by Jesse and I had always respected him. I feel publicly humiliated knowing that he recorded the scenario and he posted it publicly, I feel depressed knowing my family and closest friends had seen what he did to me on video. I struggle to face some of the people who had seen the video as I feel embarrassed and humiliated."

He is not speaking of what you have done to him but the fact you uploaded it for all the world to see.
23He went on:
"I feel I get awkward when people ask why I shaved my hair, knowing. I feel as if I have to lie about why my head is shaved, or even feeling embarrassed and humiliated telling them the truth. My mum still lives in fear, being scared that Jesse would be let back out, thinking he may come back to hurt me or my family. She constantly worries about me getting hurt again, and for my well-being and mental health. We've had multiple nights as a family feeling down and depressed about the whole situation and how it has affected this family."

24Those victim impact statements speak eloquently and starkly of the impact of your offending.
25I turn now to your personal circumstances.
26You were born on 6 February 1997 and you are now 21 years of age, and were just 21 at the time of this offending. You have an older sister and a younger brother. You were very close to your mother as you grew up. She was the main caregiver, as your father often worked long hours. Despite this, you had and have a good relationship with your father, and I note that he attended court on your plea and is here again this afternoon. Tragically, your mother died in a motor vehicle accident when you were seven years old. And it appears that this event, not surprisingly, completely fractured your family. Your eldest sister in particular - and I note she is in court - experienced great difficulties coping in the face of this loss. I am told that you felt that your father put all of his emotional energy into supporting your sister and left you and your younger brother to cope with your grief on your own. Of course, your father was also struggling with his own grief. You do not seek to blame your father, and that shows some insight on your part, and you accept that he did what he could to support and protect all of his children in the face of this immense and unthinkable tragedy.
27Academically and behaviourally, you struggled after your mother's loss. You transitioned in and out of various programs at school that had been arranged to manage your behaviour as alternatives to the regular curriculum. However, you managed to obtain a Grade 10 pass while still in Grade 8, obviously a sign of your intelligence, and thus you left school at the age of 14 and started your apprenticeship in spray-painting, an apprenticeship you have not yet completed. Your last employment was with AAA Accident Repair in Burwood, where you were employed between June 2017 and January 2018. On New Year's Eve in December 2017, you were involved in a motorcycle accident and dislocated your knee. You have not worked since. I understand you hope to return to AAA Accident Repair upon your eventual release from custody, and complete your apprenticeship.
28You have one child from a previous relationship who is now four years of age. You have a good relationship, I am told, with the mother of your child and you remain in contact with her. Your hope is to reside either with your father or with your former partner and your child upon your release.
29You commenced using cannabis at a very young age and moved on to methylamphetamine or ‘ice’. You began using that drug at around the age of 18. As your drug use has increased, so has your involvement in the criminal justice system, leading you, in my view, directly to the offending for which you fall to be sentenced today. At the time of this offending, you were using up to two grams of methamphetamine per day, more when you were in the company of friends.
30I turn now to your criminal history.
31Your criminal record contains matters dating back to 2013. At the age of 16, you were dealt with by the Children's Court for theft of a motor vehicle for which you were disqualified from driving for six months. You appeared again in the Children's Court on the day before your 17th birthday for offending including robbery, driving in a dangerous manner, theft of a motor vehicle, resisting police, and wilfully damage property, for which you were placed on probation for 12 months. Your third and fourth court appearances at the Children's Court were when you were 17 and 18 for offences including drug trafficking and possessing a weapon without approval. You received a six month Youth Supervision Order and were directed to engage in drug and alcohol counselling and treatment.
32As an adult, you have appeared before the Magistrates' Courts multiple times from the age of 19. Over the course of those appearances, you were dealt with for a number of violent offences including assault with a weapon, unlawful assault, reckless conduct endangering serious injury, and assault of a police officer, as well as a number of drug offences including possession of methylamphetamine and trafficking of amphetamine. You were dealt with by means of youth detention, fines, and you have received two community corrections orders. You have breached court orders for supervision and probation. This offending was committed but three months into the operational period of a community corrections order that was imposed upon you on 21 November 2017.
33Your counsel, Mr Brown, tendered on the plea Exhibit 10JG, a report from Ms Carla Ferrari, a consultant psychologist, dated 4 June 2018. You told Ms Ferrari that you have suffered from depression and anxiety symptoms since childhood. You were prescribed anti-depressants in primary school after your mother's death and have admitted to two previous suicide attempts, one on Christmas Day 2017, and the other after this offending, the act that you told Ms Hynes about. I understand there is a family history of mental health issues.
34You acknowledged to Ms Ferrari that at the time that you assaulted the schoolboy, you were in, and I quote, "an uncontrollable rage." You also described to Ms Ferrari that in the course of assaulting your mate, Mr Glezos, you became overcome with anger and rage to the point where you were unable to control yourself and had little awareness of what you were doing until after the fact. That admission, whilst it be commended for its frankness and honesty, is an admission that causes the court the greatest of concern.
35Ms Ferrari was of the opinion that "The main precipitant to the current offending appears to be increased self-medication with substances following a number of psychosocial stressors." Of interest, these stressors including being released upon bail for another matter when you were able to remain drug-free for a period of six months, the longest that you had been drug-free for many years. You were apparently extremely anxious regarding the prospect of your court appearance in December 2017, and the prospect of having to return to prison. And so therefore, being anxious about that, you decided to go back to using methamphetamine. You also developed a reliance upon the prescription drug diazepam to cope.
36She says that “perpetuating factors to Mr Georgiou include unresolved childhood trauma and grief and loss issues. He has not developed appropriate coping mechanisms to deal with loss of relationships in his adulthood”. She says that “it is important to note that the particular acts which constitute this offending were not committed due to any antisocial or criminogenic thinking style, nor an apparent disregard for social conventions and laws, but rather due to impulsive behaviour in the midst of a period of self-destruction, unresolved trauma, grief and loss issues, emotional dysregulation and distress.”
37Ms Ferrari stated that your mental health issues were directly related to your substance use, in other words, your use of amphetamine is what is impacting upon your mental health. You expressed to Ms Ferrari a willingness and a desire to engage in further psychological treatment to address longstanding issues and to develop coping mechanisms in order to reduce the risk of further relapse into substance use to self-medicate.
38I turn now to the gravity of the offending.
39Intentionally causing injury and false imprisonment are serious offences, as is made clear by the maximum penalties imposed by Parliament. In my view, these are serious examples of such offending.
40Your attack upon a 14-year-old schoolboy was completely unprovoked and it was, moreover, founded upon some notion that you had not been afforded the respect which you deserved. Feeling thus affronted, you jumped out of a moving vehicle despite your companion's efforts to dissuade you, and you delivered a crude form of summary justice upon your frightened child victim. Cruiz Halifax was riding home from school on a scooter. It was an ordinary weekday afternoon. Your attack upon your victim took place in full view of other young students leaving the school, and in full view of general passers-by on what up until then was an ordinary Monday afternoon. It was an attack rightly described by learned counsel for the prosecution as an example of the random street violence that is all too prevalent in society. I find that the fact that you rendered your victim unconscious even though he was wearing a helmet is indicative of the degree of force used by you. Moreover, you left your schoolboy victim unconscious on the ground. Your behaviour was disgraceful, and as I have stated, has had an enduring emotional impact upon your victim and upon his family.

41There was discussion on the plea as to your motive for your assault upon Mr Glezos, and whether it was open to me to find that it was premeditated to the criminal standard. Your counsel, Mr Brown, submitted that the offending upon your friend was not premeditated. Upon closer scrutiny, that submission was inconsistent with what you had told Ms Ferrari. And those two accounts were not only inconsistent as between themselves, but perhaps most significantly, inconsistent with your actions at the time of the offending itself. You told Ms Ferrari that it was shortly after attempting to reconcile with Ms Voss around New Year's 2017 that you discovered that Mr Glezos had allegedly drugged her and attempted to rape her. This apparently triggered unresolved trauma from a past incident in a past relationship. It was your intention, you said to Ms Ferrari, to confront Mr Glezos on this afternoon, and it was in part anxiety over that proposed confrontation that contributed to the uncontrollable rage which was the backdrop for your offending against young Mr Halifax. You are clearly telling Ms Ferrari of your intention to confront Mr Glezos.
42The source of that information, i.e. where you heard this allegation, is not clear. You at no time discussed the matter with Ms Voss, who had been in your company on that afternoon. You never asked her, "This is what I have heard. Is there any truth in it?" You at no time afforded Mr Glezos an opportunity to answer the accusation.
43Instead, you took matters into your own hands. You were judge, you were jury, and you were executioner in the case of your friend, and your texts to Ms Voss at the time not only made no reference to her status as a victim of sexual assault but clearly demonstrate, in my view, that the motive for your attack upon
Mr Glezos was quite simply one of enraged jealousy. What you texted to Ms Voss was as follows, "You cheated on me with Alex, so I stabbed him." That is what you said at the time; that is the reason for the assault. You felt that Mr Glezos had touched your property, your former partner, Ms Voss.
44Whilst I do not find that in assaulting Mr Glezos you were putting into effect a planned and premeditated assault, I reject any submission that it was a purely spontaneous act. I am satisfied that on this day you were driven by a rage, the reasons for which you quite simply now cannot identify. I do find that rage was fuelled by your sustained abuse of methamphetamine. Mr Glezos was completely innocent of any of the imagined wrongs that you attributed to him. He had done nothing. But Mr Georgiou, even if he had, the law was not yours to take into your own hands. The assault upon Mr Glezos and his false imprisonment was protracted, it was deliberate, and again, completely unprovoked. It was offending the gravity of which was compounded, in my view, by your deliberate videoing of him in all of his distress and uploading that to social media for all the world to see. That was a truly callous act. You intended thereby to inflict upon him an element of public degradation and humiliation in addition to the physical assaults to which you had already subjected him. It adds to the objective gravity of the offending and to your moral culpability for it.
45Ms Bruhn, on behalf of the prosecution, submitted rightly that this offending was very frightening and traumatic for your victims, and that general and specific deterrence, protection of the community, just punishment and denunciation of your conduct were all relevant sentencing purposes in the circumstances of your offending.
46She pointed to your relevant prior history, to which I have made reference above. I make it clear that you do not fall to be punished a second time for matters that have already been in front of the court, but your prior criminal history and your failure to respond to community supervision raises the weight to be afforded to specific deterrence, that is, to send a message to you that you cannot behave in this way, and the need to protect the community from the next time you are in an uncontrollable rage.
47Your counsel, Mr Brown, accepted realistically that the offending was serious and that the only appropriate disposition was one of an immediate term of imprisonment with the fixing of a non-parole period.
48He correctly identified that the charge of false imprisonment relates to the tying up of your victim to the chair, thereby preventing him leaving, and that the other acts of physical violence and restraint are instances of Charge 2. Thus, whilst there are two discreet offences against Mr Glezos, the offending itself is part of one incident and I should be careful to avoid any element of double punishment. He submitted that any cumulation of sentence between the offending in Charge 1 and that in Charges 2 and 3 should be moderated proportionately, having regard to the principle of totality. I agree with that submission.
49He urged upon me your plea of guilty, which was entered at the earliest opportunity and which brings with it not only the willingness to facilitate the administration of justice but also a significant utilitarian benefit. He further submitted that your plea was indicative of your remorse. He submitted you were genuinely remorseful for your actions. In this regard, I have read and taken into account the letter that you wrote to the court, Exhibit 13JG. I accept that you are now demonstrating an awareness of the consequences of your action and are sorry for them. I give you full credit for your plea of guilty.
50Mr Brown submitted I should have regard to your age now and at the time of the offending, and to your prospects of rehabilitation when I assess the weight to be given to the sentencing purposes of general and specific deterrence, and protection of the community.
51Mr Brown pointed to the clean urine screens that you provided during your period on remand, which he said is consistent with your expressed desire to change your life and remain drug-free. He urged upon me the continued support of your father and the mother of your child as being protective factors which present grounds for optimism in terms of your future rehabilitation. I regard your prospects of rehabilitation at this stage as guarded at best. As your counsel realistically accepted, the prospects for your rehabilitation and indeed your future depend upon whether or not you can stop using drugs. That will depend upon your willingness and upon your ability to engage in treatment addressing the underlying causes of your drug use. But more than anything, it depends upon you actually wanting to stop.
52Mr Georgiou, the loss of your mother at such an early age is something no child should have to endure, and it is quite clear to me that it has impacted upon every aspect of your life. You have not been sufficiently guided through the trauma of your grief. That is no criticism of your family, who did their best, but in consequence you have been angry with the world. You have self-medicated. You have taken drugs because, as you told me on the plea, they make you feel energetic and empowered. But drugs lead you to be overcome with that very sense of rage that takes a young man such as yourself, supported by your family such as you are, down the road of offending such as this.
53You have to decide, Mr Georgiou, whether you want to be a person who is filled with rage because they lost their mother at an early age, or whether you would rather be someone who can lead a fulfilling life, and not use drugs, particularly methamphetamine, as a substitute for emotions. That is your choice, Mr Georgiou, and only you can make that decision.
54In sentencing you, I have to have regard to a range of different factors. I must give effect to the principles of both general and specific deterrence; that is, I must deter others from behaving as you did, and I must deter you from repeating such behaviour. I must express the community's denunciation of your conduct, and I should promote, if possible, your rehabilitation. I take into account the effect that your crimes have had on your victim, and I must have regard to current sentencing practices and the maximum penalties. In other words, I have to try and balance your personal circumstances with the circumstances of your offending.
55Clearly, in a case such as this, principles of general and specific deterrence and denunciation are the primary sentencing considerations. I give full effect to all of the factors which have been urged upon me in your case.
56For the avoidance of doubt, I have regard to –
(i) Your relative youth;
(ii) Your early plea of guilty;
(iii) The remorse that you have expressed to the court;
(iv) Your willingness to engage in treatment;
(v) Your willingness to develop alternative coping strategies; and
(vi) The protective factors of continued family support both of your father and of the mother of your four year old child.

57But nonetheless, the objective gravity of your offending is in my view so serious that the only appropriate sentence is a significant term of imprisonment. I have fixed a non-parole period that will enable you, should you be released upon parole, to have structured support when you are back in the community.
58On Charge 1, intentionally cause injury, I sentence you to a term of imprisonment of 18 months.
59On Charge 2, intentionally cause injury, I sentence you to a term of imprisonment of three years and three months' imprisonment.
60On Charge 3, false imprisonment, I sentence you to a term of imprisonment of 15 months.
61I direct that ten months of the sentence on Charge 1 and five months on the sentence of Charge 3 run cumulative to each other and cumulative to the sentence on Charge 2.
62This makes a total effective sentence of four years and six months.
63I fix a non-parole period of two years and nine months.
64Pursuant to s.6AAA of the SentencingAct 1991, I indicate that but for your plea of guilty, you would have sentenced to a total term of imprisonment of six years with a non-parole period of four years and six months.
65Pursuant to s.18 of the Sentencing Act 1991, I declare that you have served 182 days of the sentence that I have imposed upon you and I direct that this be entered into the records of the court.
66In relation to custody management issues, I will note your youth, that you need to be assessed for the prescription of anti-depressant medication, and your vulnerability.

‑ ‑ ‑

Court Reference No. CR-18-01319
Indictment No. J10451222
IN THE COUNTY COURT OF VICTORIA
AT MELBOURNE
CRIMINAL JURISDICTION
DIRECTOR OF PUBLIC PROSECUTIONS
-v-
JESSE GEORGIOU

Date of Document:  13 July 2018
Filed on behalf of:  Director of Public Prosecutions
Prepared by:  Sarah Bruhn of Counsel
Office of Public Prosecutions                Solicitor’s code: 7539
565 Lonsdale Street  Reference:
MELBOURNE VIC 3000  Tel:

SUMMARY OF PROSECUTION OPENING UPON PLEA
Background

1. The offender in this matter, Mr Jesse Georgiou, was born on 6 February 1997, and is 21 years old. He was also 21 years old at the time of the offending.

2. Mr Georgiou is pleading guilty to a total of three charges involving two victims being: one charge of intentionally cause injury where Mr Cruiz Halifax is the victim; and one charge each of false imprisonment and intentionally cause injury where Mr Alexander Glezos is the victim.

At the time of the offending, Cruiz Halifax was aged 14 years old and a student at Vermont Secondary College located on Morack Road, Vermont. The offender and Mr Halifax were unknown to each other.
At the time of the offending Alexander Glezos and the offender had known each other for about two or three years. They were introduced to each other by the offender’s brother, Mr Jake Georgiou and would sometimes help each other with their cars as Mr Glezos is an apprentice panel beater and the offender has worked as a spray painter.
Circumstances of offending where Mr Cruiz Halifax is the victim (Charge 1)
5. On Monday, 12 February 2018 at about 3:20pm the victim left the grounds of Vermont Secondary College (‘the College’) and rode his scooter on Morack Road, Vermont with his friends, Byron White, Edwin James and Patrick Clifford, two of whom were on scooters and the other on a bike.
6. At about the same time, Ms Lola Voss was driving her blue Kia sedan, registration LOLA99 north on Morack Road near the College. The offender, Mr Georgiou was sitting next to her in the front passenger seat. Ms Voss is the offender’s former partner.
As Ms Voss was driving the victim and his three friends went from the footpath onto the road. The offender leaned over Ms Voss and tooted the horn and yelled at the them through the window – at one stage yelling “Get off the fucking road”[1] and “Fucking Dog Cunt”[2].
[1] Statement of Lola Voss, [8] – [13].
[2] Statement of Patrick Clifford, [10].
Ms Voss overtook the students at about 10kph and the offender continued to yell at them. The offender then unbuckled his seatbelt and opened the car-door as the car was still moving. Ms Voss yelled “stop” to the offender and told him to put on his seatbelt and close the door, which he did. Ms Voss continued to drive before getting stuck in traffic behind a bus.[3]
[3] Statement of Lola Voss, [13] – [15].
The offender again unbuckled his seatbelt and jumped out of the car. Ms Voss yelled at him to get back in the car but as soon as he got out the traffic started moving again, so she had to keep driving.[4]
[4] Ibid, [18] – [19].
The offender left the car and walked out onto the road and yelled out “Oi, cunt” to the victim and the other students. The offender ran towards the victim yelling and tried to wrestle him off his scooter. The victim dropped his scooter and tried to push the offender back but as he did the offender punched him approximately six times, including to the head and stomach.[5]
[5] Statement of Spencer Macleod-Finke, p 1 -2; See also statements of Patrick Clifford, [17] and statement of Claire Davison, p 2
The offender then grabbed the victim by the throat and picked him up off his feet and threw him onto the grass. Whilst the victim recovered his balance the offender punched him to the side of the head and knocked him to the ground,[6] punched him again, [7] and the victim lost consciousness.[8] The victim was wearing a helmet at the time.
[6] Statement of Spencer Macleod-Finke, p 1-2.
[7] Statement of Edwin James, [13] and statement of Claire Davison, p 2
[8] Statement of Cruiz Halifax, p 1 – 3; See also statements of Patrick Clifford, [18], statement of Edwin James, [12] and statement of Spencer Macleod-Finke, p 2.
His friends were scared and one rushed towards the victim and offender saying “He didn’t do anything wrong”. The offender said something in response and left the scene and walked home (which was located approximately 200 metres away). [9]
[9] Statement of Spencer Macleod-Finke, p 2 -3 .
When the offender left, Mr Mcleod-Fink, a year 11 student at the College, who had, together with his friends,[10] seen the offending, came over to check on the victim. The victim said he was okay but looked stunned[11] and was a bit dizzy.[12] Mr Mcleod-Fink told the victim’s friends to make sure he got home safe. Mr Mcleod-Fink returned to the school and told the assistant principal what had happened. The assistant principal called the police. [13]
[10] See also statement of Claire Davison.
[11] Statement of Spencer Macleod-Finke, p 3.
[12] Statement of Edwin James, [15].
[13] Statement of Spencer Macleod-Finke, p 3.
The victim and his friends first went to a 7-Eleven nearby but then decided to return to school and report what had occurred. The principal rang the victim’s mother and father who took the victim to a medical centre at Ringwood and was referred to the Box Hill Hospital for assessment.
The victim experienced a headache and pain to the jaw and side of his head. The victim’s memory of the offending was limited to when a man came towards him and then being at the 7-Eleven later on. He was monitored and treated for concussion and released into the care of his parents. On 16 February 2018 he had a follow up appointment with a General Practitioner and was still found to be suffering pain and concussion. [14]
[14] Exhibit 4, Medical Records.
In the meantime, Ms Voss drove to the offender’s house and confronted him about the incident. Ms Voss yelled at the offender saying, “Why would you do that? I told you not to get out of the car”. The offender responded saying words to the effect of “they were being disrespectful”. Ms Voss left his house at about 4:00pm and the offender said he would call her later to tell her how he went with his application for the personal training course. [15]
[15] Statement of Lola Voss, [25] and [28].
Circumstances of offending where Mr Alexander Glezos is the victim (Charges 2 and 3)
On or about Monday, 5 February 2018 the offender contacted the victim via ‘Facebook messenger’ to ask the victim to help him work on his car at his home in Vermont the following Monday, 12 February 2018.[16]
[16] Statement of Alexander Glezos, [6].
As arranged, on Monday, 12 February 2018 at about 4:25pm the victim was collected by the offender and Mr Nicholas Collins from Dandenong Chisholm TAFE. Mr Collins dropped the offender and victim off at the offender’s home at about 4:45pm and left.[17]
[17] Statement of Alexander Glezos, [8].
Once inside the house the offender went to the kitchen and the victim went into the offender’s bedroom. The victim was leaning over his bag when the offender entered the room and punched the victim with a closed fist approximately three times to the side of his face.[18]
[18] Ibid, [10] – [11].
The victim stood up and screamed “What was that for?” The offender replied “For getting in with Lola” (in reference to Ms Voss) and punched the victim four or five times to his face.[19]
[19] Ibid, [12] – [13].
The victim fell to the ground and the offender grabbed him by his long hair and dragged him towards the bathroom whilst continuing to punch him. The victim tried to free himself and told the offender he had never done anything with Lola. The offender called him a liar and said words to the effect that things would get worse if he kept lying.[20]
[20] Ibid, [15] – [18].
Once they were in the bathroom the offender punched the victim about six times. He picked up a pair of electric hair clippers and shaved the victim’s head telling him the more he squirmed the worse it would be for him. The victim’s face was bleeding and swollen and he was petrified.[21]
[21] Ibid [19] – [20]
The offender took the victim’s mobile phone, grabbed him by the shirt and dragged him back into the bedroom. He forced the victim to sit down in a chair, punched him approximately six times and pulled his hands behind his back and tied them with cable to the metal frame of the chair.[22]
[22] Ibid, [21] – [25]
The offender punched the victim again, called him “a dog” and said “Everyone’s going to see this”. He then proceeded to record the victim on his mobile phone whilst calling him names.[23]
[23] Ibid, [26].
The offender stopped recording and sat on the couch and went through the victim’s mobile phone reading text messages between Ms Voss and the victim. The victim was crying and asked him “Why are you doing this?” The offender then stood up and screamed at the victim saying “Why did you send Lola an “X”? and punched the victim to the head approximately three times. The victim continued to cry and said anything he believed the offender wanted to hear to try and stop the offender hurting him.[24]
[24] Ibid, [29].
About a minute later the victim broke free of the cable ties and a struggle took place between them. The offender eventually got hold of the victim, forced him back onto the chair and punched him in the face telling him “the more you move the worse it’s going to get for you”.[25]
[25] Ibid, [31] – [34].

The offender then got a knife and stabbed the victim’s left thigh. The victim was shocked and looked up at the offender who was recording him again and said words to the effect of “You stabbed me man! Why?” The offender called him names including that he was a dog.[26]
[26] Ibid, [35] – [39]
The victim asked the offender whether he was going to let him go home. The offender said he would so the victim sat in silence as the offender went through his phone. The offender then got a phone call and after hearing a male voice the victim heard the offender said “No, don’t come home yet” and hung up quickly.[27]
[27] Ibid, [38] – [40].
The offender walked out of the room and returned with a bandage and a bottle of water which he gave to the victim. The offender told the victim that if he went to the police things would get worse for him than they were now and assisted the victim out of the house.[28]
[28] Ibid, [41] – [42]
30. The victim walked approximately 400 metres to a local Pizza shop and at approximately 6:20pm the manager called police and an ambulance.[29]
[29] Ibid, [44]
31. Police attended the pizza shop and saw the victim sitting in the waiting area with severe bruising on his face and swollen left eye, as well as blood stains on his pants. He also had black plastic cable ties on his wrists.[30]
[30] Statement of Senior Constable Austin Wong, p 1.
The ambulance took the victim to Maroondah hospital. He presented with a stab wound to his leg and multiple facial injuries, including severe swelling and bruising and a bleeding nose. He had a CT scan of his face and received stitches to his leg and was discharged approximately 12am the next morning. The CT scan identified swelling under the eye and traces of fluid in the left maxillary antrum that “may reflect the presence of a hairline fracture”.[31]
[31] Exhibit 5, Medical Records.
At approximately 6:01pm the offender called Ms Voss on her mobile phone and said “You remember how I was going to let you know about that course? It’s not about that. You cheated on me with Alex, so I stabbed him. Check your snapchat”.[32]
[32] Statement of Lola Voss, [29].
Ms Voss checked her Snapchat videos and saw a public post from the offender’s account. Ms Voss saw the victim’s face swollen and bleeding with a towel over his nose and a shaved head. Ms Voss was shocked and went to her dad and played him the video. Some of the conversation included the offender asking the victim “Why did I stab you?” with the victim answering words to the effect of “I’m a dog”. [33]
[33] Statement of Lola Voss, [44]; See also Exhibits 17, 18, 19, 20.
35. Ms Voss’ took screenshots of the Snapchat video[34] and at about 6:15pm Mr Voss took his daughter to the Heidelberg Police Station where they ran into the station and showed First Constable Andrew Moharic part of the Snapchat video until deleted by the offender on Snapchat. Ms Voss said the incident was currently in process and first Constable Moharic immediately notified police communications who directed police to attend the offender’s home.
[34] See Exhibit 1
36. At approximately 7:00pm the offender sent his friend Ms Tayla Hynes a Facebook message saying “he had done something really bad”. The offender eventually sent Ms Hynes a video showing him punching the victim explaining that “I delt [sic] with someone who tied to rape my ex only found out yesterday” and “I’m very protective with people I love”.
At about 8:25pm police attended the offender’s home address and his father, Mr Keith Toohey, consented to a search of the house. A crime scene was established and blood swabs, hair, cable ties and hair clippers were seized. Mr Toohey said he would encourage his son to attend the police station in relation to this offending.[35]
[35] Statement of Senior Constable Karen Robinson, [13].
At about 9:00pm the offender called Ms Voss four times and messaged her twice. The first message said “Please call me this is the last time I’ll talk to you in 8 years” and “did you lag me I’m not ready to do 8 years”.[36]
[36] Statement of Lola Voss [46].
The offender saw Ms Hynes that night and whilst there he confirmed that he had beaten someone up and that police were at his house looking for him. The offender also stated to Ms Hynes he was going to attempt to kill himself in order to look like he was unstable and if the police caught up with him he would run from them.[37]
[37] Statement of Tayla Hynes, p 1.
On Tuesday, 13 February 2018 at 12:30pm the offender spoke with Senior Constable Karen Robinson and arranged to meet at the police station at 5pm that day to be arrested and interviewed.[38]
[38] Statement of Senior Constable Karen Robinson, [18].
At approximately 2:30pm the offender took an overdose of prescription medication and alcohol. He was hospitalised and placed into a medically induced coma.[39]
[39] Ibid, [19].
On Thursday, 15 February 2018 the offender was released from the hospital and was arrested and transported to Boroondara Police Station where he was assessed by Dr Grace Vittor, Forensic Medical Officer, and found fit to be interviewed.[40]
[40] Ibid, [20]; See also Report of Dr Vittor, Hand up brief, pp 63-64.
After speaking with his solicitor he declined to participate in a record of interview and was remanded in custody to appear at the Melbourne Magistrates Court on Friday, 16 February 2018.
Maximum Penalties
The maximum penalty for the common law offence of false imprisonment is 10 years’ imprisonment (s 320 Crimes Act 1958)
The maximum penalty for intentionally causing injury is 10 years’ imprisonment (s 18 Crimes Act 1958)
Criminal History
46. A copy of Mr Georgious’ prior criminal history will be provided to the Court.
47. At the time of the offending Mr Georgiou was subject to a 12 month Community Corrections Order as part of a combined sentence including 66 days imprisonment imposed on 21 November 2017 at the Ringwood Magistrates’ Court for offences including reckless conduct endangering serious injury.
Victim Impact Statements
Victim Impact Statements have been provided by Mr Alexander Glezos, Mr Cruiz Halifax and Mr Halifax’s parents, Mr Michael Halifax and Ms Arlynda Halifax.
Timing of Plea
Mr Georgiou pleaded guilty at the Committal Case Conference held on 14 May 2018.
Pre-Sentence Detention
50. As at 7 August 2018 the offender has spent 173 days in custody (not including the 7 August 2018).
Ancillary Orders
Section 6AAA of the Sentencing Act 1991 applies.
Sarah Bruhn
Counsel for the Prosecution

[2018] VCC 1418

16 August 2018