Director of Public Prosecutions v Ghannoum
[2018] VCC 1762
•29 October 2018
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTIONCR-18-00654
CR-18-00656
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| GEORGE GHANNOUM SAIF RASHID |
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| JUDGE: | HIS HONOUR JUDGE HIGHAM |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 25 September 2018 |
| DATE OF SENTENCE: | 29 October 2018 |
| CASE MAY BE CITED AS: | DPP v Ghannoum & Anor |
| MEDIUM NEUTRAL CITATION: | [2018] VCC 1762 |
REASONS FOR SENTENCE
---Subject: CRIMINAL LAW
Catchwords: Sentence – pleas of guilty – two co-accused – armed robbery – attempted armed robbery – attempted robbery – attempt to obtain property by deception – obtain property by deception – theft – victims approached on the street – deprived of mobile phones and wallets – youthful offenders – opportunistic offending – prospects of rehabilitation
Legislation Cited: Crimes Act 1958 (Vic); Sentencing Act 1991 (Vic)
Cases Cited: R v Doran [2005] VSCA 271
Sentence:For Accused Ghannoum, total effective sentence of 36 months’ imprisonment with a non-parole period of 18 months with 341 days reckoned as served.
For Accused Rashid, total effective sentence of twelve months’ imprisonment with 366 days reckoned as served and a Community Correction Order of 30 months’ duration.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms N. Burnett | Solicitor for Public Prosecutions |
| For Accused Ghannoum For Accused Rashid | Mr M. Fitzgerald Mr M. Brennan | Doogue and George Defence Lawyers Emma Turnbull Lawyers |
HIS HONOUR:
1George Ghannoum, you have pleaded guilty to two charges of armed robbery (Charges 10 and 13), for which the maximum penalty is a term of imprisonment of 25 years; one charge of attempted armed robbery (Charge 12), maximum penalty 20 years; one charge of obtaining property by deception (Charge 5), maximum penalty ten years; one charge of attempting to obtain property by deception (Charge 11), maximum penalty five years; and one charge of theft (Charge 9), for which the maximum penalty is a term of imprisonment of ten years.
2Your offending occurred between 5 and 22 June 2017, committed by either you alone (Charge 9), or in company with either Abbas Allafta (Charges 5, 11 and 12) or Abbas Allafta and Saif Rashid (Charges 10 and 13).
3You have also pleaded guilty to a summary charge of driving whilst authorisation suspended, for which the maximum penalty is a term of imprisonment of four months or 30 penalty units and a mandatory period of licence disqualification.
4Saif Rashid, you have pleaded guilty to three charges of armed robbery (Charges 4, 10 and 13), maximum penalty 25 years; one charge of attempted armed robbery (Charge 3), maximum penalty 20 years; and one charge of attempted robbery (Charge 7), maximum penalty ten years.
5Your offending took place over a three week period between 1 and 22 June 2017 and was committed either by you alone (Charge 7), or in company with either Mr Allafta (Charges 3 or 4), or Mr Allafta and Mr Ghannoum (Charges 10 and 13).
6Tendered on the plea as Exhibit 1 was a summary of prosecution opening which contained a detailed account of your offending. I annex a copy of that document to these sentencing reasons.
7In short, your offending consisted of the street robberies of passers-by of their mobile phones and/or wallets. Weapons carried, used or described, included a wrench, a metal bar, a small flick knife, a knife and a small axe. Persons walking on the street would be approached from behind and told to hand over their mobile phones or other items. Verbal threats would also be employed, either to secure the success of the robbery or to avoid detection. On occasion, physical force was actually used.
8In Charge 7 you, Mr Rashid, punched your victim in the face, kicked him in the leg and struck him to the elbow with a knife, causing a small laceration. In Charge 12, the victim was confronted by Mr Allafta holding a knife to his stomach, and that is when you, Mr Ghannoum, were seated in a Holden vehicle. You, Mr Ghannoum, also traded in a stolen phone for $450, pretending that it was yours to sell (Charge 5), purchased petrol from a service station in Thomastown and made off without paying (Charge 9), and later attempted to make a purchase with a credit card stolen from your victim, Mr Phillips (Charge 11).
9You both, along with your co-accused, Mr Allafta, were arrested on 22 June 2017. You, Mr Ghannoum, denied participation, as was your right, in any of the armed robberies but admitted attempting to use Mr Phillips' stolen credit card. You, Mr Rashid, made partial admissions to a number of offences.
10You have both been in custody since your arrest, which is now nearly 500 days ago, some or all of which time marks pre-sentence detention.
11Mr Ghannoum, on your plea was tendered as Exhibit 5GG, a report from
Ms Carla Lechner, clinical psychologist dated 29 August 2018, which, together with your counsel's submissions, set out your personal history and your circumstances.12You were born on 14 March 1995 and you are now 23 years of age, and you were 22 years old at the time of the offending. You are the youngest of three children born to parents of Syrian heritage. You grew up in Melbourne's northern suburbs and you report a close relationship with your two older sisters and your parents. You report that your home life was stable and that you had no exposure to any domestic abuse. You attended local schools and stated you were an average student that was easily distracted and disruptive. Whilst never formally diagnosed with ADHD, your reported behaviour suggests such a diagnosis in Ms Lechner's view. You report that you were teased by your peers for being short but that you also had a wide circle of friends. You were expelled from your high school at the end of Year 11 due to your misbehaviour but you managed nonetheless to complete Year 12 VCAL and obtain a certificate in carpentry.
13After leaving school, you worked full time at Bunnings before you were fired for missing too many shifts. You subsequently worked full time in your father's business, a busy local coffee shop, however this business closed, unfortunately, in 2017. You then tried a number of different jobs, including sales, telemarketing and labouring until you stopped working altogether and began receiving Centrelink. You had by this time financial commitments that you are unable to meet.
14I am told that you started smoking cannabis at the age of 16, initially infrequently, before it slowly increased to the daily use of up to 2 grams. You described its effects as sometimes making you creative and at other times lazy and unmotivated. You deny use of any other drugs and report that you occasionally drink alcohol socially. You reported being cannabis affected at the time of the offending.
15Your criminal record contains matters dating back to February 2015, which is shortly before your 20th birthday. You have been convicted of a range of offences, including theft, possession of cannabis, going equipped to steal, possessing a weapon, burglary, damaging property, committing an indictable offence on bail and orchestrating a bomb hoax. You have relevant priors. This does not mean you are to be sentenced again for such offending but I have regard to them in my assessment of your prospects for rehabilitation, the need for specific deterrence and community protection. You have been dealt with by way of fines and a Community Correction Order, which you were convicted of breaching by way of further offending. You have been in custody since 22 June 2017, following your arrest on these matters, and during that time have served a prison sentence of five months, which was imposed on 12 September 2017 and which expired on 22 November 2017.
16You demonstrate some degree of insight into your offending and how you came to participate in it. It was Ms Lechner's opinion that you impressed as quite socially and emotionally immature, with a vulnerability to the influence of others. You were beginning to think more seriously about the implications of your actions, both on yourself and on others, that is on members of the public and, of course, your family.
17Ms Lechner states that your offending seems to have arisen in the setting of an escalating use of cannabis, which drug enabled you to be sociable, and address your underlying issues of social anxiety. You told Ms Lechner you were drug affected at the time of the offences and did not give serious consideration to either the nature of the offending or the potential consequences. Being in prison has had a salutary effect on you. You say that it makes you want to change your life for the better. In Ms Lechner's view you have reasonable prospects of rehabilitation but you would benefit from support in the community upon your release.
18Mr Rashid, you were born on 23 October 1996 and you are now 22 years of age. You were 20 years of age at the time of the offending. You have no prior or subsequent criminal matters. You, your brother Mohammed and your mother fled from Iraq in 2003. You went firstly to Syria and then emigrated in 2004 to Australia when you were seven years of age. Your father did not join you. Shortly after your arrival here I understand that you got a dog. Your father was still living in Iraq when he passed away after a heart attack in 2006 when you were ten years of age. Your mother, in her letter to the court which was tendered as part of Exhibit 10SR, described your father as very violent, and that he was abusive towards you, your mother and your brother.
19You attended four secondary schools in Melbourne's northern suburbs and completed Year 11 at Lalor Secondary College in 2012. You then gained employment in hospitality, completed a Certificate III at Preston MIT. You later completed a Certificate II in Security at Kangan Institute before finding employment in painting and rendering for City Wide Rendering in January 2016, which you thoroughly enjoyed.
20You were involved with a young woman whom you had met at high school for a substantial period of time before you were compelled, I am told, to end the relationship due to the fact that your respective families practiced different religions. You found this very traumatic and this was apparently the trigger for your spiral into drug use at the age of 20. You primarily used GHB and methylamphetamine, otherwise known as ice, and you were using approximately half a gram of methylamphetamine a day at the time of your arrest. You needed to pay for that drug and were committing offences so you could sell stolen items to afford your habit.
21Your mother still lives in Melbourne and your brother is married with children. I am told you have a close relationship with your brother. He is seven years older than you. Before you were remanded you were living with your mother and you had stopped working full time for City Wide Rendering in order to support her to manage her chronic health conditions. In your letter to the court,
Exhibit 13SR, you described the passing of your dog, Alex, who had been your pet for the previous 12 years. You found this to be a deeply traumatic experience and you were having difficulty staying at home because it reminded you of your loss. This is the immediate background to the start of the offending period.22On the plea Mr Roper, learned counsel on behalf of the prosecution, submitted correctly that the primary sentencing purposes were general deterrence, just punishment and denunciation. He submitted that for you, Mr Ghannoum, in light of your prior criminal history and the fact that these offences were committed whilst you were on a Community Correction Order, the need for specific deterrence also comes to the fore. Notwithstanding your relative youth, he submitted that the objective gravity of your offending called for immediate terms of imprisonment with a non-parole period. He pointed to the multiple victims and submitted there should be a sentenced passed in relation to each victim with some cumulation to give effect to the individual actions comprised in the robberies. He recognised and accepted that in relation to you, Mr Rashid, your record of interview contained fulsome admissions. Although there was no victim impact statement served, he directed me to the depositions and submitted that I must have regard to the impact of your offending upon your victims.
23Mr Ghannoum, your counsel Mr Fitzgerald submitted that your offending constituted relatively unsophisticated examples of armed robberies committed upon easy targets with a limited show of violence. He sensibly accepted that such offending causes great harm to those victims and also feeds into the community's sense of concern. The offences were easy to commit, committed in company, bladed weapons were used, but he characterised the offending as opportunistic.
24He submitted that you were not an instigator but, rather, you fell to be sentenced on the basis of being a late joiner to a criminal enterprise commenced by others. Whilst you have been involved in helping to dispose of the products of your co-offenders' robberies and in stealing of petrol, your involvement in armed robberies was for a period of 48 hours as the get-away driver, and thus you were not personally involved in direct confrontation with your victims. The property obtained from those robberies consisted of two mobile phones and a wallet.
25Mr Fitzgerald accepted that you have relevant priors and that this offending occurred whilst you were on a Community Correction Order, thus engaging the need for specific deterrence and community protection, but he submitted that these should be balanced with your youth, your anxiety and your cannabis use, and your prospects of rehabilitation.
26He submitted your plea of guilty was entered effectively at an early opportunity and as such, brought with it an acceptance by you of responsibility, the benefit to the community of saving time and cost of a trial, and that I should regard it as a demonstration by you of your remorse, that is, that you are truly sorry for what you have done, rather than the scrape that it now placed you.
27He pointed to your relative immaturity and to your developing insight as identified by Ms Lechner.
28He submitted that you have strong family support, your family was in court on the plea, and he relied upon the courses and programs that you had completed whilst on remand, all of which suggesting that you have good prospects for rehabilitation.
29He submitted that particular concurrency considerations apply as between Charges 10 and 11, which were committed only a few minutes apart.
30His ultimate submission was that having regard to all the matters, including the principle of totality and of parity, my sentencing disposition should provide for your continued supervision in the community under a Community Correction Order.
31Mr Brennan, on your behalf, Mr Rashid, described your happy and well-supported upbringing by your mother but identified two personal crises which appear to be the immediate precipitant of this offending. Those two personal crises were the loss of your girlfriend and the passing of your dog. I accept the traumatic nature of this loss of your dog, that dog being a transitional object which had been with you since your arrival here in Australia. Unfortunately for you, instead of talking about your feelings, you avoided them and began to use methamphetamine with a peer group to whom your co-offenders belonged. The use of drugs, I am told, gave you a sense of belonging. However, of course, it was not possible for you to use methamphetamine and maintain your employment and your family relationships. You quickly spiralled into the offending for which you fall to be sentenced right now.
32Mr Brennan rightly conceded this was serious offending in which you played an active role. The offending was opportunistic, committed against soft targets in public places over a three week period and in the company and presence of co-offenders. Opportunistic it may be but your offending was not spontaneous. I accept that your offending lacked those elements of aggravation which are often found, such as the use of disguises or sustained physical violence. Charge 7, indeed, with which you were charged alone, was the only incident where any physical harm was caused.
33Mr Brennan accepted that the relevant sentencing purposes were general deterrence, denunciation and just punishment. In light of the progress that you made, he submitted the need for a specific deterrence was lessened.
34He pointed to your plea of guilty, which whilst entered two and a half months after a contested committal and therefore not at the earliest opportunity, was nonetheless a relatively early plea. Such a plea brings with it the benefit of saving the community the time, expense and trauma of a trial, demonstrating a willingness to facilitate the course of justice and, Mr Brennan said, is indicative of your remorse.
35He pointed to your fulsome and frank admissions regarding your own conduct and the conduct of others, which he described as more than could easily be proven and thus attracting a particular credit, as per the case of R v Doran [2005] VSCA 271, and also was indicative of your genuine remorse.
36Mr Brennan reminded me that you are a youthful offender who has come before the court without any prior or, indeed, subsequent convictions.
37The consequence for you of being in custody has been significant. Your mother has had to move from the family home and you have an abiding sense of guilt, shame and responsibility for the consequences of your actions. I am told that your mother is your only visitor in custody, and I can imagine how difficult and traumatic each journey to prison is for her.
38The material that was served on your plea made clear that up until your introduction to drugs you were an honest, hardworking, decent and, indeed, caring young man. When you lived at home with your mother you were her main support, both physically and emotionally, as well as contributing economically to the family budget. All of that has been lost.
39I was also provided with a bundle of documents, Exhibits 11SR and 12SR, which detail not only the programs you have completed whilst on remand, but also clean urine screens and notes of the concerns that you expressed for your mother and for your own mental health. I note that you were prescribed antidepressants for a period of time in custody.
40You hope upon your eventual release to work as a painter and renderer and to continue being a carer for your mother. I was also provided with a letter from Mr Joe Ahmed, proprietor of Décor Property Maintenance, offering you work immediately upon your release, which was part of Exhibit 10SR.
41Mr Brennan pointed to your continued and strong family ties and community supports, leading to a conclusion that you have good prospects of rehabilitation.
42He reminded me of the principles of parity and totality.
43In conclusion, he submitted that an appropriate sentencing disposition in your case was a combination sentence combining a term of imprisonment with a lengthy Community Correction Order.
44Mr Ghannoum and Mr Rashid, the offences to which you have pleaded guilty are serious matters, as is made plain by the maximum penalty imposed by parliament. Armed robbery carries with it a maximum penalty of 25 years' imprisonment. Your offending consisted in preying upon innocent passers-by who were just going about their everyday business, and they were confronted by youths, carrying a bladed weapon to place them in fear and to deprive them of personal items, which although not necessarily possessing a high dollar price, were no doubt of great value to them. People can have all their lives on their mobile phones, and you take them so you can trade them in for methamphetamine, with no awareness of the emotional damage that you leave behind, all under threat of immediate physical harm.
45Such offending is easy to commit and it has an impact not only upon the immediate victim but also upon the community at large, because it feeds into a sense of alarm amongst the community. It feeds into a belief that we are not safe on our streets and it undermines the community's sense of safety. People must be entitled to go about their everyday business without fear of being robbed or assaulted in such a manner as they walk home from the train station, listening to their favourite music on their phone.
46The courts will do everything that they can to ensure the safety of our streets and those who come before the courts will be punished, and saving for the most exceptional circumstances, will lose their liberty. Both your counsel accepted that a term of imprisonment was an inevitable disposition for offending of this nature. The issue, in short, was whether the time that you had already served was sufficient.
47In sentencing both of you I must have regard to a range of different factors. I must give effect to the principles of general deterrence and specific deterrence. 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 upon your victims and I must have regard to current sentencing practices determined and described by the Court of Appeal for this kind of offence, and to the maximum penalties imposed by parliament. In short, I have to try and balance your personal circumstances with the circumstances of your offending.
48Mr Ghannoum, principles of general and specific deterrence and denunciation are primary sentencing considerations in your case. I have given full weight to all of the mitigatory factors which have been urged upon me so ably by your counsel, Mr Fitzgerald. For the avoidance of doubt I have had regard to:
(i) Your plea of guilty;
(ii) Your youth;
(iii) Your developing insight;
(iv) Your chronic anxiety;
(v) Your role in the offending;
(vi) The principles of parity and of totality insofar as I can give effect to them; and
(vii) Your prospects of rehabilitation, which I concede are positive if you can manage your anxiety, stay away from drugs and avoid the associates that you meet in the drug world which you inhabit.
49In my view, the objective gravity of your offending is such that it can only be met by a term of imprisonment, however I am imposing a sentence, Mr Ghannoum, which enables you to be supervised in the community for a period of time should you achieve parole.
50If you could stand up please, Mr Ghannoum.
51On Charge 5, obtaining property by deception, you are sentenced to four months' imprisonment.
52On Charge 9, theft, you are sentenced to two months' imprisonment.
53On Charge 10, armed robbery, you are sentenced to 21 months' imprisonment.
54On Charge 11, attempt to obtain property by deception, you are sentenced to three months' imprisonment.
55On Charge 12, attempted armed robbery, you are sentenced to 18 months' imprisonment.
56On Charge 13, armed robbery, you are sentenced to 21 months' imprisonment.
57On the summary charge of driving whilst authorisation suspended, you are convicted and discharged, and with conviction I order that all Victorian licences and/or permits held be cancelled and you are disqualified from obtaining any such licence or permit for a period of 18 months from today.
58I direct two months of the sentence on Charge 5, one month of the sentence on Charge 9, six months on the sentence in Charge 12, and six months of the sentence on Charge 13, run cumulative to each other and cumulative to the sentence on Charge 10.
59This makes a total effective sentence of 36 months. I fix a non-parole period of 18 months.
60Pursuant to s.18 I declare that you have served –
61MR FITZGERALD: We agree upon 341 days.
62HIS HONOUR: 341 days. That's agreed at the Bar table?
63MS BURNETT: That is right, Your Honour.
64HIS HONOUR: Pursuant to s18(1) of the Sentencing Act 1991, I declare that you have served 341 days of the sentence I have imposed upon you today, and I direct that this be entered into the records of the court.
65Mr Ghannoum, parole is not a matter for the courts, it is a matter for the Parole Board. Should you get parole, you will be released under supervision of the Adult Parole Board in just under seven months, and you will be under the supervision of the Board with the assistance that can provide you in getting back onto the straight and narrow.
66Pursuant to s.6AAA of the Sentencing Act 1991, had you not pleaded guilty, you would have been sentenced to a total effective sentence of four years and three months, with a non-parole period of three years.
67Mr Ghannoum, the prosecution are seeking a s.464ZF order. I am going to make that order, which enables the police to take a DNA sample from you, which is placed upon the database. That is taken generally by a buccal swab. If you refuse to provide the sample, then they can use such force as is reasonably necessary to take the sample from you.
68Alright, thank you. You can take him down, please.
(Prisoner Ghannoum removed.)
69Mr Rashid, in your case, principles of general deterrence and denunciation are primary sentencing considerations in your case. I consider the need for specific deterrence, that is to send you a message, is reduced to a great extent although not entirely eliminated. I give full weight again to all of the mitigatory factors on your behalf. For the avoidance of doubt I have had particular regard to:
(i) Your plea of guilty;
(ii) Your status as a young offender;
(iii) Your prior good character;
(iv) Your cooperation in the course of your interview;
(v) Your genuine remorse;
(vi) Your prospects of rehabilitation, which are again dependent upon your ability to remain drug free;
(vii) The continued support of your family; and
(viii) Principles of totality and insofar as they have application, parity.
70In my view, whilst the objective gravity of your offending is such that it can only be met by a term of imprisonment, in your case I have come to the conclusion that I am able to pass a sentence which enables you to be released under the supervision of Corrections today.
71On Charge 3, attempted armed robbery, and Charge 4, armed robbery, you are sentenced to an aggregate Community Correction Order of 30 months.
72On Charge 7, attempted robbery, you are sentenced to a term of imprisonment of 12 months.
73On Charge 10, armed robbery, you are sentenced to a term of imprisonment of 12 months.
74On Charge 13, armed robbery, you are sentenced to a term of imprisonment of 12 months.
75Pursuant to s.18 of the Sentencing Act 1991, I declare that you have served 366 days of the sentence that I passed upon you and I direct that this be entered into the records of the court.
76The conditions attaching to the Community Correction Order are as follows:
(i) You must complete 250 hours of unpaid community work;
(ii) You must undertake assessment and treatment for drug abuse and dependency;
(iii) You must undertake assessment and treatment for mental health;
(iv) You will be under the supervision of a Community Corrections officer;
(v) I direct that there be a residence restriction;
(vi) You will be subject to a curfew between 9 pm and 7 am for 6 months;
(vii) I impose a non-association condition in relation to your co-accused, Mr Allafta and Mr Ghannoum;
(viii) You will re-attend at court for judicial monitoring.
77I direct that any hours that you complete in terms of treatment can be deducted from your community work hours.
78Pursuant to s.6AAA of the Sentencing Act 1991, had you not pleaded guilty, you would have been sentenced to a total effective sentence of three years and six months with a non-parole period of two years and six months
79The prosecution seek a s.464ZF order for a forensic sample, Ms Burnett, is that right?
80MS BURNETT: That is right, Your Honour.
81HIS HONOUR: I am going to make that as well. Mr Rashid, in terms of the taking of the DNA sample, that is taken by means of buccal swab. You will be told to present at a police station. I have to inform you that should you fail to provide a sample in due course police officers can use such force as is reasonably necessary to take the sample.
82MS BURNETT: Thank you, Your Honour.
83HIS HONOUR: Now, I have to ask you if you agree to being placed upon a Community Correction Order.
84ACCUSED RASHID: Yes, Your Honour.
85HIS HONOUR: I am going to impose a condition of curfew between nine and seven. Is that going to impact with his work?
86MR BRENNAN: It may considering here he is normally a painter. If I can just briefly confirm that, Your Honour.
87HIS HONOUR: Yes, certainly.
88MR BRENNAN: Your Honour, he has instructed me that when he is working he would normally rise around 5, 5.30 and leave at 6.
89HIS HONOUR: All right.
90MR BRENNAN: So - - -
91HIS HONOUR: 6 am.
92MR BRENNAN: Yes.
93HIS HONOUR: The curfew will be from 9 pm to 6 am. Do we have the address, Mr Brennan?
94MR BRENNAN: I do, Your Honour.
95HIS HONOUR: So that is going to be your residence, Mr Rashid.
96ACCUSED RASHID: Yes, Your Honour.
97HIS HONOUR: Now, you are going to come back over the next 30 months to see me, because I want to know how you are getting on, but can I make very, very clear, if you were to breach this order, I will set aside this sentence and you will go to prison. Are you in any doubt about that?
98ACCUSED RASHID: No, Your Honour.
99HIS HONOUR: Mr Brennan, I am sure you are not in any doubt about that and you will make it clear. Ms Burnett, anything arises?
100MS BURNETT: No, Your Honour.
101HIS HONOUR: Mr Brennan will explain to you, Mr Rashid, the core conditions of the CCO. I am going to sign the order and my associate will then bring the order to you for your signature. You can go with Ms Murphy if you want, Mr Brennan.
102MR BRENNAN: I will, thank you.
103HIS HONOUR: Now, you need to go down and you will be processed and that may take some time. I make very clear, Mr Rashid, I thought long and hard about that disposition. I am not setting you up to fail. I want you to succeed. It is about giving you an opportunity to take back control of your life, alright? So you are going to come back and see me on 17 December 2018 at 9.30 am.
104ACCUSED RASHID: I will, Your Honour.
- - -
ANNEXURE A
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE | Court Reference: CR-18-00209; CR-18-00654; CR-18-00656 Indictment No: C1711313 |
CRIMINAL JURISDICTION
IN THE MATTER OF Section 182 of the Criminal Procedure Act 2009
| Prosecution of Abbas ALLAFTA, George GHANNOUM and Saif RASHID |
SUMMARY OF PROSECUTION OPENING ON PLEA
| Date of Document: Filed on behalf of: Prepared by: JOHN CAIN Solicitor for Public Prosecutions 565 Lonsdale Street Melbourne Vic 3000 | 6 September 2018 Director of Public Prosecutions Solicitors code: 7539 Reference: Telephone: File Number: C1711313 |
Background
The first offender Abbas ALLAFTA (ALLAFTA) was born 6 September 1995. At the time of the offending, he was 21 years old and is now 22 years old. Mr ALLAFTA resides in Thomastown with his parents, wife and children.
The second offender George GHANNOUM (GHANNOUM) was born 14 March 1995. At the time of the offending, he was 22 years old and is now 23 years old. Mr GHANNOUM resides in Epping with his parents.
The third offender Saif RASHID (RASHID) was born 23 October 1996. At the time of the offending he was 20 years of age and is now 21 years old. Mr RASHID resides in Epping with his parents.
In June 2017, Mr GHANNOUM was the owner of a red 2008 Holden Commodore sedan. At the relevant time this vehicle was unregistered.[1] This vehicle has been modified by the placing of blue tape on the rear boot lights above the number plate.[2]
[1] Exhibit 53, HUB pg. 363
[2] Statement of LSC Daniel Sage, HUB pg. 192
Circumstances of Offending
29 – 30 May 2017
About 11.02pm on Monday 29 May 2017, Prem SADARAM was walking home along Cheddar Road in Reservoir. He was listening to music through headphones connected to his mobile phone. Mr SADARAM was carrying his mobile phone, a black Oppo brand smartphone, in his hand.
While on Cheddar Road, Mr SADARM observed two males walking behind him. One of these males was Mr ALLAFTA. The other male asked Mr SADARAM “Hey mate can I use your phone, my phone is turned off and my friend needs to make a call”. Mr SADARAM felt uneasy about providing his phone but was reassured after Mr ALLAFTA had a brief conversation with him about being a chef.[3]
[3] Statement of Prem SADARAM, HUB pg. 53
Mr SADARAM was told a number by the males and dialled it for them; he then handed over his phone to Mr ALLAFTA. There was no answer to this call, so the males asked to send a message. Mr SADARAM took back is phone and set it up to send a text message. He then handed his phone over to the other male, who sent a text message.
The two males then started to walk away, still holding Mr SADARAM’s mobile phone. Mr SADARAM called out “where are you going? Give me my phone.” The other male then said words to the effect of “fuck off mate, just go away from me.”
Mr SADARAM then reached out and grabbed Mr ALLAFTA on the arm. Mr ALLAFTA said words to the effect of “leave my hand”. He then put his hand behind his back and turned to face Mr SADARAM.
10.Mr ALLAFTA held a metal pipe close to the right side of his body, pointed towards Mr SADARAM[4] and said “Do you want me to shoot! It’s a real gun”. Mr SADARAM formed the belief that Mr ALLAFTA was holding a gun and let go of him. (Charge 1 (ALLAFTA): Armed Robbery)
[4] Committal Transcript, Prem SADARAM pg. 32 ln 16; Committal Exhibit B.
11.The two males then continued walking away in the direction of Palm Avenue. They got into a red Holden Commodore driven by a third male and left the area.
12.About 5.51pm on Tuesday 30 May 2017, Mr ALLAFTA attended the Mini Mart Milk Bar at 831 High Street in Epping. He offered store person Said BARAMI Mr SADARAM’s mobile phone for sale. Mr ALLAFTA told Mr BARAMI that the phone was brand new and that he had the box at home. Mr BARAMI was suspicious and asked if the phone was stolen.[5] Mr ALLAFTA handed over his driver licence as proof that the phone was not stolen. Mr BARAMI was satisfied and bought the phone for $45.00 (Charge 2 (ALLAFTA): Obtain Property by Deception).
[5] Statement of Said BARAMI, HUB pg. 56A
1 June 2017
13.About 11.15pm on 1 June 2017, Mr Allan SINGLETON was walking home from the Thomastown Railway Station. As he was walking down Frederick Street in Thomastown, Mr RASHID and Mr ALLAFTA came up behind him.
14.One of the men said ‘hey’ to get Mr SINGLETON’s attention. When he turned around, one of the males said “give me your phone”. Mr SINGLETON did not hand over his phone.
15.The offender again said “give me your phone” and started to wave a wrench in a threatening manner towards Mr SINGLETON.[6] (Charge 3 (ALLAFTA & RASHID): Attempted Armed Robbery)
[6] Statement of Allan SINGLETON, HUB pg. 66
16.Mr SINGLETON dropped to the ground in fear, shielding his face with his arms and yelling “help!” This caused Mr RASHID and Mr ALLAFTA to run to a Holden Commodore parked nearby and drive away without obtaining any property from Mr SINGLETON.
4 -5 June 2017
17.About 10.30pm on 4 June 2017, Mr Liam JONES was walking on Alexander Avenue in Thomastown, heading towards the Thomastown Railway Station when he was approached by Mr RASHID and Mr ALLAFTA. One of them was armed with a metal bar and the other with a small flick knife.
18.The offender with the metal bar told Mr JONES to give him his phone. Mr JONES complied and handed over his Apple iPhone 6S. The offender then demanded the pin code to unlock the phone, which Mr JONES also provided.
19.The offender with the knife the demanded Mr JONES’ wallet. Mr JONES handed his wallet over, but the offender gave it back when he discovered that there was no money in it.
20.The offenders then demanded that Mr JONES’ provide his iCloud password. Before he could do so, they directed him to close his eyes and walk around the corner. One of the offenders placed his hand on Mr JONES’ shoulder to escort him onto Marcia Street.
21.While Mr JONES was being escorted, one of the offenders has said “don’t open your eyes or we will fucking kill you” before again demanding his iCloud password. Mr JONES provided his iCloud password to the offenders, who then left.[7] (Charge 4 (ALLAFTA & RASHID): Armed Robbery)
[7] Statement of Liam Jones, HUB pg. 69
22.Mr JONES heard the offenders get into a car and then saw a red Holden Commodore drive off.
23.About 3.08am on 5 June 2017, Mr GHANNOUM took a series of photographs of Mr JONES’s Apple iPhone with his mobile phone.[8]
[8] HUB Exhibit 56, pg. 392
24.About 9.00am on 5 June 2017, Mr Eric MANUEL was browsing the Facebook Marketplace application for a cheap mobile phone.[9] He located an advertisement placed by Mr GHANNOUM and contacted him regarding the phone. Mr MANUEL agreed to by the phone for $450.00.
[9] Statement of Eric Manuel, HUB pg. 70A
25.About 10.30am on that same day, Mr GHANNOUM and Mr ALLAFTA drove to Heidelberg to deliver the phone. Mrs Geraldine MANUEL met them on the street at collected the phone. The phone was unlocked and did not have a sim card or charger. Mrs MANUEL paid the offenders $450.00 for the phone and they drove off in Mr GHANNOUM’s red Holden Commodore.[10] (Charge 5 (ALLAFTA & GHANNOUM): Obtain Property by Deception)
[10] Statement of Geraldine MANUEL, HUB pg. 71
10 June 2017
26.About 5.40pm on 10 June 2017, Mr Hioshi MITSUI was walking along Vasey Avenue in Lalor. He was approached by Mr ALLAFTA and Mr RASHID on the footpath. Both men confronted Mr MITSUI and demanded “get out your phone”.[11] The men continued to advance on Mr MITSUI, demanding his phone.
[11] Statement of Hiroshi Mitsui, HUB pg. 75
27.Mr MITSUI refused to hand over his possessions and became involved in a physical altercation with Mr ALLAFTA and Mr RASHID. (Charge 7 (RASHID): Attempted Robbery) During this altercation, Mr MITSUI was punched in the face and kicked in the leg. He also was struck to the left elbow with a knife, causing a small laceration.[12] After feeling the strike to his elbow, Mr MITSUI observed Mr ALLAFTA to be carrying a knife in his right hand (Charge 6 (ALLAFTA): Attempted Armed Robbery).
[12] Photographs of MITSUI Injuries, HUB pg. 217.
28.Mr MITSUI fell to the ground and the two offenders ran to a waiting car and drove off.
15 June 2017
29.About 4.10pm on 15 June 2017, Mr ALLAFTA drove Mr GHANNOUM’s red Holden Commodore to the Coles Express Service Station in Thomastown. He filed up the vehicle with 41.97 litres of petrol and then drove off without paying the $63.76 owing for the petrol.[13] (Charge 8 (ALLAFTA): Theft)
[13] CCTV Footage, HUB exhibit 15; Notes of SC Robert HILLS
17 June 2017
30.About 1.30pm on 17 June 2017, Mr GHANNOUM drove his red Holden Commodore to the Coles Express Service Station in Thomastown. He filed up the vehicle with 39.76 litres of petrol and then drove off without paying the $60.00 owing for the petrol.[14] (Charge 9 (GHANNOUM): Theft)
[14] CCTV Footage, HUB Exhibit 16; Notes of SC Robert HILLS
20 June 2017
31.About 6.00pm on 20 June 2017, Mr Stephen PHILLPS was walking along French Street in Lalor. Mr PHILLPS was wearing headphones and watching a video on his mobile phone. He observed a red Holden Commodore parked on the footpath. [15] When he was about 10 metres when he felt a tap on the shoulder. He turned around and saw Mr ALLAFTA and Mr RASHID standing about 30 centimetres from him.[16]
[15] Statement of Stephen PHILLIPS, HUB, pg. 85
[16] Statement of Stephen PHILLIPS, HUB, pg. 86
32.One of the offenders was holding a small axe about chest height. He demanded Mr PHILLIPS hand over his mobile phone. Mr PHILLIPS handover his phone to the offender with the axe and his wallet to the other offender.[17] (Charge 10 (ALLAFTA, GHANNOUM, RASHID): Armed Robbery)
[17] Statement of Stephen PHILLIPS, HUB, pg. 878
33.Mr GHANNOUM then drove up alongside where the men were standing. Mr ALLAFTA and Mr RASHID got into the car and the three offenders drove off.
34.About X on 20 June 2017, Mr ALLAFTA and Mr GHANNOUM entered the Darebin Milkbar. Mr GHANNOUM attempted to make a purchase valued at $64.00 using Mr PHILLIPS’ card. As the card had already been cancelled, the transaction was declined. (Charge 11 (GHANNOUM & ALLAFTA): Attempt to Obtain Property by Deception)
22 June 2017
35.About 2.00pm on 22 June 2017, Police commenced targeted surveillance on GHANNOUM’s red Holden Commodore.[18]
[18] Statement of SO051, HUB, 191C
36.About 5.04pm, GHANNOUM and ALLAFTA attended the ‘Bargain Busters’ store in Lalor[19] and purchased two green and yellow face masks.[20]
[19] Statement of SO051, HUB, pg. 191E
[20] Statement of Lin Cen, HUB, pg. 95; Photograph 1, HUB, pg. 349
37.About 5.16pm, Fahmi JEBAR was walking from the train station along Newton Crescent in Lalor. He heard a car exhaust and then GHANNOUM’s red Holden Sedan pulled up next to him. ALLAFTA got out of the vehicle wearing a black mask.[21] He grabbed Mr JEBAR by the shoulder and demanded his phone three times. On the third time, Mr JEBAR observed that ALLAFTA was holding a knife to his stomach.[22] In fear, Mr JEBAR got his phone out of his pocket and attempted to hand it to ALLAFTA. (Charge 12 (GHANNOUM & ALLAFTA): Attempted Armed Robbery) ALLAFTA then laughed and told him it was a prank before quickly getting back into the car. GHANNOUM also called out from the driver’s seat that it was a prank.[23]
[21] Statement of Fahmi Gebar, HUB, pg. 96
[22] Statement of Fahmi Gebar, HUB, pg. 97
[23] Statement of Fahmi Gebar, HUB, pg. 97
38.About 6.36pm, Police observed that RASHID was now travelling with GHANNOUM and ALLAFTA in the red Holden. They were observed in the vicinity of the Lalor train station.
39.About 6.40pm, Mr John BOUKALIS was walking down Vasey Avenue in Lalor.[24] He was approached by ALLAFTA and RASHID. One of the offenders was holding a knife in his right hand. He demanded that Mr BOUKALIS hand over his phone. In fear, Mr BOUKALIS handed over his iPhone 6 to the offender.[25] (Charge 13 (ALLAFTA, GHANNOUM & RASHID): Armed Robbery) The offender then demanded his passcode, which Mr BOUKALIS told him. The other offender demanded money from Mr BOUKALIS, however he didn’t have any. The offenders checked that the passcode worked, before telling Mr BOUKALIS to turn around and walk the other way.[26] RASHID and ALLAFTA then got back into GHANNOUM’s red Holden and drove away.
[24] Statement of John Boukalis, HUB, pg. 106
[25] Statement of John Boukalis, HUB, pg. 106
[26] Statement of John Boukalis, HUB, pg. 107.
Related Summary Charge
40.On 17 February 2017, GHANNOUM’s driver licence was suspended for a period of six months.[27] At all relevant times, his right to drive in Victoria was suspended. (Charge 26: Drive while suspended)
[27] Exhibit 49, HUB, pg. 359
Arrest and Interview
41.About 9.50pm on 22 June 2017, all three offenders were arrested at the Coles Express Service Station in Thomastown. A search was conducted of the red Holden and a receipt belonging to Mr PHILLIPS was located inside, along with gloves, masks and other property belonging to the offenders.
42.All three offenders were interviewed by Police.
43.GHANNOUM denied participation in any armed robberies, however admitted to attempting to use Mr PHILLIP’s stolen credit card (Charge 11).
44.ALLAFTA admitted to the offending.
45.RASHID made partial admissions to a number of the offences.
Hearing Date Chronology
Arrested 22 June 2017
Filing Hearing - 23 June 2017
Committal Mentions - 17 August 2017, 15 September 2017 & 15 November 2017
Committal - 29 January 2018 & 27 March 2018
Initial Directions Hearings - 4 April 2018 (ALLAFTA resolved), 17 May 2018 (GHANNOUM resolved), 7 June 2018 (RASHID resolved)
Maximum Penalties
Armed Robbery (Charges 1 4, 10, 13) – 25 years imprisonment
Attempted Armed Robbery (Charge 3, 6, 12) – 20 years imprisonment
Attempted Robbery (Charge 7) – 10 years imprisonment
Theft (Charge 8, 9) – 10 years imprisonment
Obtain Property by Deception (Charges 2, 5) – 10 years imprisonment
Attempt to Obtain Property by Deception (Charge 11) – 5 years imprisonment
Pre-Sentence Detention
The offenders have all been on remand since arrest. Mr ALLAFTA and Mr RASHID each have 461 days of pre-sentence detention up to and including 25 September 2018.
On 12 September 2017, Mr GHANNOUM was sentenced to 5 months imprisonment with 83 days pre-sentence detention declared. He therefore has 308 days of presentence detention available to him.
Victim Impact Statements
To be advised.
Criminal History
GHANNOUM and ALLAFTA have relevant prior convictions.
Forensic Sample Order
Forensic Samples Orders will be sought from each offender.
______________________________
PLEA PROSECUTOR