Director of Public Prosecutions v Gun (a pseudonym)
[2025] VCC 1413
•25 September 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| LUCUS GUN (A PSEUDONYM) and SAM KENT (A PSEUDONYM) |
---
JUDGE: | HIS HONOUR JUDGE WRAIGHT | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 24 June 2025, 5 September 2025 | |
DATE OF SENTENCE: | 25 September 2025 | |
CASE MAY BE CITED AS: | DPP v Gun (a pseudonym) & Anor | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 1413 | |
REASONS FOR SENTENCE
---
Subject:CRIMINAL LAW – Sentencing.
Catchwords: Plea of guilty – Armed Robbery – Causing serious injury recklessly – Causing injury recklessly – Common assault – Affray – Causing injury intentionally – Robbery – Theft – Possession of a drug of dependence – Commit an indictable offence whilst on bail – Relevant criminal history – Offending in company - Very serious offending – Youthful offenders – Prospects of rehabilitation cannot be assessed positively – Bugmy – Mental health – Totality – Parity.
Legislation Cited: Crimes Act 1958 ss 17, 18, 74, 75, 75A, 195H; Drugs, Poisons and Controlled Substances Act 1981 s 73(1); Bail Act 1977 s 30B; Sentencing Act 1991 ss 6AAA, 18.
Cases Cited: Azzopardi v The Queen (2011) 35 VR 43.
Sentence: Imprisonment for a period of 4 years and 3 months with a non parole period of 2 years and 4 months. Fine of $500 on Charge 18 (KENT).
Imprisonment for a period of 3 years and 9 months with a non parole period of 2 years. Fine of $500 on Charge 17 (GUN).
---
APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr G Hayward | Office of Public Prosecutions |
For Lucus Gun For Sam Kent | Mr V Vuu (Plea) Mr J Portelli | Shanelle Veit Lawyers James Dowsley & Associates |
HIS HONOUR:
Introduction
1Lucus Gun[1] and Sam Kent,[2] you have each pleaded guilty to:
(a) six charges of armed robbery contrary to s 75A of the Crimes Act 1958 (‘CrimesAct’) which carries a maximum penalty of 25 years imprisonment (Charges 1, 2 , 5, 8, 10 and 12);
(b) one charge of causing serious injury recklessly contrary to s 17 of the Crimes Act which carries a maximum penalty of 15 years imprisonment (Charge 13);
(c) two charges of causing injury recklessly contrary to s 18 of the Crimes Act which carries a maximum penalty of 5 years imprisonment (Charges 3 and 6);
(d) two charges of common assault contrary to Common Law which carries a maximum penalty of 5 years imprisonment (Charges 4 and 9);
(e) one charge of affray contrary to s 195H of the Crimes Act which carries a maximum penalty of 7 years imprisonment (Charge 7);
(f) one charge of causing injury intentionally contrary to s 18 of the Crimes Act which carries a maximum penalty of 10 years imprisonment (Charge 11);
(g) two charges of robbery contrary to s 75 of the Crimes Act which carries a maximum penalty of 15 years imprisonment (Charges 14 and 15); and
(h) one charge of theft contrary to s 74 of the Crimes Act which carries a maximum penalty of 10 years imprisonment (Charge 16).
[1] A pseudonym.
[2] A pseudonym.
2Lucus Gun, you have also pleaded guilty to:
(a) one charge of possession of a drug of dependence contrary to s 73(1) of the Drugs, Poisons and Controlled Substances Act 1981 which carries a maximum penalty of 5 penalty units (Charge 17).
3You have also pleaded guilty to the following related summary offence:
(a) one charge of commit indictable offence whilst on bail contrary to s 30B of the Bail Act 1977 which carries a maximum penalty of 30 penalty units or 3 months imprisonment (Summary Charge 21).
4You have also admitted your Criminal Record.
5Sam Kent, you have also pleaded guilty to:
(a) one charge of possession of a drug of dependence contrary to s 73(1) of the Drugs, Poisons and Controlled Substances Act 1981 which carries a maximum penalty of 5 penalty units (Charge 18).
6You have also admitted your Criminal Record.
Circumstances of the offending
7A prosecution opening was tendered on the plea and may be summarised as follows:
8You, Lucus Gun, were born in August 2006 and were 16 years old at the time of this offending.
9You, Sam Kent, were born in October 2006 and were also 16 years old at the time of the offending.
10At the time of the offences, the two of you were living together in Lucus Gun’s family home near the Melton area. You Sam Kent, had travelled to Victoria from your home address in Queensland.
11Both of you were affiliated with the Original Gangster Killers (OGK) street gang. The OGK was a gang which operated primarily within the Melton area.
Incident 1: Armed Robbery (St Lukes Road, Tarneit – 26 July 2023)
12At approximately 7:40pm on Wednesday 26 July 2023 Sandeep Singh and Nakul Nakul were walking home from a Sikh temple on Sayers Road in Tarneit. At the corner of Frances Browne Way and Saint Lukes Road, Tarneit, both of you and a third male ran up to Mr Singh and Mr Nakul. Mr Singh and Mr Nakul attempted to run from you both but were caught and detained.
13This incident was captured on CCTV, which also includes audio of the incident.
14You both chased and grabbed hold of Mr Nakul. You Lucus Gun produced a baseball bat and you Sam Kent produced a machete. You both made demands for Mr Nakul’s phone before snatching it from him. The demand of the phone can be heard on the CCTV footage. You, Lucus Gun then demanded the password to Mr Nakul’s mobile phone. He refused and was hit in the left leg with the baseball bat.
15One of you yelled ‘give me the fucking password’ while Mr Nakul was being held and hit him across the head with the baseball bat (Charge 1: Armed Robbery).
16Mr Nakul attempted to flee again but was still being held by the two of you. You Sam Kent pointed the machete at him the whole time and Mr Nakul sustained cuts to his hands as a result of trying to push you away (Charge 3: Recklessly Causing Injury).
17The third unknown male chased and grabbed hold of Mr Singh. This male held Mr Singh and stopped him from running away. He made demands for his mobile phone, 'Boat' watch and 'Boat' ear buds while making threats to stab him, holding a knife to Mr Singh’s back.
18You both turned your attention to Mr Singh once Mr Nakul was able to escape. You made threats and demands for Mr Singh's mobile phone and password, ear buds and watch, saying you would stab and hit him. Mr Nakul was then hit in the knee with the baseball bat. Mr Singh handed over his property because he didn't want to get hurt (Charge 2: Armed Robbery). Demands were then made for Mr Singh’s banking password and after he refused, you Sam Kent slapped him in the back of the head and hit him in the knee with the baseball bat (Charge 4: Common Law Assault).
Incident 2: Armed Robbery (Baden Powell Dr, Tarneit) - 26th of July 2023
19At approximately 7:55pm on Wednesday 26 July 2023, Jeyaseelan Malaiyandi was walking East on Baden Powell Drive in Tarneit. As Mr Malaiyandi was walking past a dark coloured sedan the doors of the vehicle open. You Lucus Gun and you Sam Kent alongside a third male exited the vehicle and surrounded Mr Malaiyandi. This is captured on CCTV footage.
20Mr Malaiyandi noticed that two of you had baseball bats and that one had a machete.
21One of you, while holding a baseball bat yelled ‘give me your phone’. Mr Malaiyandi gave his two mobile phones as he was afraid that you were going to hurt him.
22One of you holding a machete, grabbed and held Mr Malaiyandi, and told him to unlock his phone while the third male raised the baseball bat that he was holding, implying that he would hit him. After telling the three of you that he did not know the password, one of you used a baseball bat to hit the side of Mr Malaiyandi’s face. Mr Malaiyandi screamed for help, noticing passing cars. You Lucus Gun, and you Sam Kent alongside the third male started yelling out and waving your weapons at the cars and the cars drove off.
23Two of you started hitting Mr Malaiyandi to the legs, hand and face, and the male holding the machete pointed it towards Mr Malaiyandi and threatened him by stating, ‘give me the password or else I will kill you’ (Charge 5: Armed Robbery).
24Mr Malaiyandi was in fear and tried to provide his password. He again screamed for help from passing cars, none of which stopped. After this, you both began hitting him again to the legs, body and face, causing a cut to his lip, a sore left ear, a broken nail on his right hand and soreness to his leg (Charge 6: Recklessly Causing Injury).
25A passenger in one of the passing cars, Peter Franks heard Mr Malaiyandi’s screaming and saw three males standing over a person sitting on the ground. Mr Franks saw one of the three males was holding a machete and called 000.
26The three of you then got back into the dark coloured car and drove east down Baden Powell Drive.
27Mr Malaiyandi walked down Baden Powell Drive and saw police down the road (who had been called in relation to Incident 1) and waved them down. This incident occurred approximately 10 minutes after Incident 1 and approximately 2km away from Incident 1.
Incident 3: Affray (McDonald's, Tarneit) - 26th of July 2023
28At approximately 8:07PM on Wednesday 26 July 2023, Zakaria Ibrahim and Monica Aheyo attended a McDonalds restaurant located at the intersection of Hummingbird Blvd and Davis Rd, Tarneit. A short time later, you Lucus Gun, and you Sam Kent and an unknown male arrived at the location and exited from a dark coloured Mazda 6 sedan.
29Mr Ibrahim and Ms Aheyo got out of their car and walked into the McDonalds restaurant. You both followed Mr Ibrahim and Ms Aheyo.
30You were each wearing dark clothing and a balaclava. A third offender was wearing similar clothing with a balaclava.
31At the time of your entry into the McDonalds restaurant, you Sam Kent were carrying a baseball bat in your right hand.
32After entering the store, you Lucus Gun, and you Sam Kent surrounded Mr Ibrahim who was at the self-checkout. The incident, including the arrival, entry and assault on Mr Ibrahim was recorded on CCTV footage.
33You both asked Mr Ibrahim if he was part of a gang, specifically ‘are you a Niner?’ (Being a reference to another gang which operates primarily within the Wyndham area who are known by police to commit serious and violent offending against the community and other gangs).
34You both then surrounded Mr Ibrahim and demanded that he show you his Instagram account to confirm if he was part of the gang. Mr Ibrahim showed his Instagram account confirming he is not part of a gang. One of you then stated, ‘run your ones’ which means 'give us your stuff'. Mr Ibrahim refused to hand over his property, and you Sam Kent then struck Mr Ibrahim once in the face with the baseball bat (Part of Charge 7: Affray).
35The two of you and the unknown third male then left the store for a short amount of time. The three of you returned to the dark coloured Mazda 6 sedan bearing Western Australian registration plates, which was a stolen vehicle.
36After about 30 seconds, the three of you then returned inside the McDonalds restaurant and approached Mr Ibrahim and Ms Aheyo from behind. After Mr Ibrahim stood up, you Lucus Gun grabbed him by the front collar and pushed him into the front counter which caused him to fall to the floor. As Mr Ibrahim remained on the floor, he was punched and kicked by both of you. You Sam Kent also struck Mr Ibrahim with the baseball bat.
37During this time, Ms Aheyo was screaming and crying.
38Dylan Gill, who was working in McDonalds at the time, saw three males hitting Mr Ibrahim while he was on the floor. Mr Gill told the both of you to get out. As the three of you exited the store, one of you raised the baseball bat towards Ms Aheyo and said, ‘shut up, bitch’.
39Mr Gill locked the front door and told his manager to call 000. Mr Gill observed that Mr Ibrahim had a ‘busted lip’.
40This incident occurred approximately 10 minutes after Incident 2 and approximately 4.5km away from Incident 2.
Incident 4: Armed Robbery (The Parade Caroline Springs) - 27th of July 2023
41At approximately 5:00pm on Thursday 27 July 2023, Harley Mamo and Imogen Morfitt were riding an E-Scooter to a skate park in Caroline Springs. Witnesses, Andres Segovia and Nicholas Fusca were also present at the skate park.
42Whilst at the skate park, the dark coloured Mazda 6 Sedan pulled up at the curb. Approximately six males then exited the vehicle. The males were described as aged in their early to late teens, all wearing tracksuits and balaclavas, brandishing machetes, and baseball bats. You Lucus Gun and you Sam Kent were among these males.
43Andres Segovia yelled out to Harley Mamo, ‘Run Gangers’. Mr Mamo noticed that one or two of the males were carrying baseball bats while three or four of them were carrying machetes. Mr Mamo attempted to flee on his E-Scooter with Ms Morfitt on the back, towards the Caroline Springs Leisure Centre.
44The group of you were able to catch Mr Mamo and Ms Morfitt and one of you pushed Mr Mamo off his E-Scooter and into the wall of the Leisure Centre. One of the males grabbed Ms Morfitt by either her jacket or her hair and pulled her backwards, off the scooter. Mr Mamo was then surrounded by four or five males. One of you demanded Mr Mamo’s E-Scooter stating, ‘don't be a dick head, give me the scooter’. One of you then reached into Mr Mamo’s pockets and took Ms Morfitt’s mobile phone. Mr Mamo pleaded with the group of you to return the phone to Ms Morfitt and to not hurt her.
45One male reached into Mr Mamo’s pockets again taking his mobile phone being a blue iPhone 14. The group of you then made repeated demands for him to unlock his mobile phone.
46Mr Mamo pleaded with you all to let him keep his phone but one of the males hit him in the knee with the baseball bat (Charge 8: Armed Robbery). After being assaulted, Mr Mamo unlocked his mobile phone as quick as he could. A male described as wearing a black tracksuit hit him on the left side of his head.
47Further demands were made to Mr Mamo to provide his iCloud password. He attempted to comply but continued to be struck to the left side of his head. The male with the baseball bat hit Mr Mamo to his left thigh with a lot of force (Charge 9: Common Law Assault).
48The group of you demanded Mr Mamo write down his password to his phone on the 'notes' application on his mobile phone and then left with his scooter. Both of you and your co-offenders attempted to place the scooter into the stolen Mazda, however it would not fit inside the car so it was left on the side of the road.
Incident 5: Armed Robbery (Baden Powel Drive) - 27 July 2023
49At approximately 6:00 PM on Thursday 27 July 2023, 16-year-old Alex Simpson, 15-year-old Justin Farmer[3] and 13-year-old Hudson Brown[4] were playing on a basketball court at the Baden Powell Reserve in Tarneit. The boys were celebrating Mr Simpson’s 16th birthday.
[3] A pseudonym.
[4] A pseudonym.
50While Mr Simpson, Mr Farmer and Mr Brown were playing on the basketball court, you Lucus Gun and you Sam Kent, along with a further 4 males, arrived in a dark coloured sedan.
51After parking the car, five of you exited the car, and one remained as the driver.
52Mr Simpson, Mr Farmer and Mr Brown were approached and surrounded by the five of you who had your hoods up over your heads and were carrying machetes or metal objects or baseball bats. The group of you asked the three victims what they were doing there and if you could join them. You then made demands that all three victims hand over their mobile phones.
53One of your co-offenders stated, ‘Run your Shit’. At this time, a woman walking nearby asked the group of you what you were doing. Some of you yelled ‘keep walking, mind your own business or we’re gonna hurt you as well’.
54Mr Farmer was hit multiple times to his head and body and started trying to walk towards where his bike and his mobile phone were located. As he reached his bike, he heard the group of you ask him where his phone was. Mr Farmer recalls someone holding him by the collar and steering him towards a bag on the ground (containing his phone). Mr Farmer had two metal bars pointed at him and was told to pick up his phone. He was then told to open his phone and while trying to give the group of you his password, you all were hitting him (Charge 10: Armed Robbery).
55After finding that the phone was restricted, you Lucus Gun and you Sam Kent, along with your co-offenders then started attacking and assaulting Mr Farmer. Mr Farmer was pushed around, thrown to the ground and kicked to the body multiple times. One of your co-offenders held Mr Farmer down and instructed him not to get up. He then felt one of the bigger males lift him from the ground by putting an arm around his neck. At that point, he also felt a poke in his left buttock area and heard the same male laugh. Mr Farmer was stabbed in the buttocks with an unknown weapon and could hear laughing (Charge 11: Intentionally Cause Injury).
56The group of you then started assaulting Mr Simpson. One of your co-offenders grabbed Mr Simpson’s mobile phone, looked at it and threw it onto the ground causing it to smash. Another demanded Mr Simpson hand over his shoes which he complied with as he didn't want to get hit (Charge 12: Armed Robbery).
57Mr Simpson was pushed and grabbed before he was made to stand still to be hit in the face. He was told if he kept flinching, he would keep hitting him. Mr Simpson could see what was happening to Mr Farmer and saw Mr Farmer being stabbed to the side. Mr Simpson then started punching you and your co-offenders, in an attempt to get to Mr Farmer.
58Mr Simpson attempted to flee but was chased down and hit in the back of the head with a metal object and as a result blacked out for a short period of time. The group of you continued to attack him while he was on the ground. You Lucus Gun and Sam Kent, hit, kicked, and stabbed Mr Simpson multiple times. At some point the assault on Mr Simpson ceased and the group again assaulted Mr Farmer before leaving.
59Dr Joanna Tully of the Victorian Forensic Paediatric Medical Service reviewed the hospital records relating to Mr Simpson.
60The hospital records show:
(a) clinical examination revealed an almost-amputated left 5th finger with extension of the wound to the base of the left 4th finger;
(b) stab wounds to both buttocks;
(c) a stab wound to left upper quadrant of the abdomen/lower chest;
(d) an injury (described as a laceration) to the back of Mr Simpson’s scalp; and
(e) Mr Simpson was commenced on antibiotics and pain relief medication and admitted to the ward in preparation to go to the operating theatre to have his wounds sutured and finger repaired the following day.
61Mr Simpson’s injuries included:
(a) three buttock wounds variably described as stab wounds, penetrating wounds, and lacerations in the hospital record. Two of the wounds extended deep into the soft tissues of the buttock;
(b) a stab wound to the lower chest wall;
(c) three scalp wounds described as lacerations, one extending to bone, with subtle injury to the occipital (skull) bone beneath the laceration at this location;
(d) an injury to the left little finger described as ‘almost-amputated’ that resulted in the tendons, nerves and blood supply being severed, and a fracture of the proximal phalanx; and
(e) an injury to the left ring finger that resulted in damage to a tendon and fracture of the neck of the 4th metacarpal bone
62Dr Tully’s statement relays that information from the hospital records also reveal:
(a) the injury to Mr Simpson’s little finger resulted in complete disruption of the tendons, blood vessels and nerves;
(b) the injury to his left ring finger resulted in disruption to an extensor tendon;
(c) these were repaired; and
(d) Mr Simpson also had fractures of his little finger and hand that required repair using metalwork.
63The prosecution opening further summarises the injuries and ongoing difficulties Mr Simpson suffers as a result of the serious injury to his hand which I will not repeat in these reasons.
64The prosecution is unable to state which of you in the group of offenders caused the serious injury to Mr Simpson (Charge 13: Recklessly cause serious injury).
65After the demands had been made and while the assaults on Mr Farmer and Mr Simpson were happening, Mr Brown started to run from the scene to try and get help. He was chased by one of your co-offenders through grassland at the back of the basketball courts. Whilst running, Mr Brown turned around and could see something shiny in the waistband of the male chasing him, which he believed was a machete. Mr Brown threw his phone at the male chasing him.
66CCTV footage from a neighbouring property recorded audio of the event. In the footage, yelling can be heard, in addition to the words ‘stab him, stab him, stab him’. CCTV footage also captures Mr Farmer and Mr Simpson looking and screaming for help after the attack, with visible injuries and blood on their clothing.
67Police arrived at the basketball courts to find both Mr Farmer and Mr Simpson laying on the ground.
68Shortly after, several other police units attended and established a crime scene. There was blood on the footpath, throughout the basketball court and a surrounding play area. Also located on the basketball court were Mr Simpson’s and Mr Brown’s mobile phones, which had been smashed.
69Mr Farmer was transported to the Royal Children's Hospital and received treatment for the stab wound in his buttocks. Dr Jennifer Smith of the Victorian Forensic Paediatric Medical Service has provided a statement in relation to this matter.
70To summarise Dr Smith’s findings, Mr Farmer sustained the following injuries:
(a) buttock wound with features entirely compatible with a slash wound inflicted by a sharp object with ‘fat visible’;
(b) nasal bone fractures with swelling and tenderness to the soft tissues around his nose;
(c) a haematoma (collection of blood within the scalp) to left parietal and the back of his head in the occipital region; and
(d) skin and soft tissue injuries to the region above the right eyebrow and below both eyes, both sides of the neck, right scapula and shoulder region, the pelvis area, left thigh and left forearm.
Incident 6: Robbery (Hungry Jacks) - 27 July 2023
71At approximately 7:00 PM on Thursday 27 July 2023, 15-year-old Mark Parton[5] and 15-year-old Liam Calbert[6] attended a Hungry Jacks Restaurant located in Manor Lakes. Both victims sat at the table next to the entrance.
[5] A pseudonym.
[6] A pseudonym.
72You Lucus Gun and you Sam Kent, along with three co-offenders attended the Hungry Jacks Restaurant. CCTV footage captures you all arrive in the Mazda sedan.
73At this time, you were both wearing black balaclavas, as were the three other co-offenders.
74After entering the restaurant, you Lucus Gun and you Sam Kent, alongside the other three co-offenders approached and surrounded Mr Parton and Mr Calbert. Mr Parton had his back towards the entrance, and you Lucus Gun went up behind him and said, ‘give me your fucking phone.’ Mr Parton tried to get up but one of your co-offenders pushed on his shoulder/neck, forcing him down to his seat and told him not to get up or he would be hurt. Mr Parton handed over his mobile phone (Charge 14: Robbery).
75You, Lucus Gun approached Mr Calbert and made demands for his phone. Mr Calbert complied and handed over his mobile phone. You, Lucus Gun then told Mr Calbert to log out of his iCloud and took the phone (Charge 15: Robbery).
76Mr Parton’s mother arrived at the restaurant to pick up her son. When she arrived, she saw males surrounding her son. Ms Parton asked one of you what you thought you were doing to which one of you responded, ‘what do you think, I’m robbing him’.
77CCTV footage shows you and your co-offender’s group pushing and shoving Ms Parton out of the premises. You all left Hungry Jacks in the stolen Mazda.
78On Friday 28 July the stolen Mazda was recovered by Police outside an address in Fraser Rise. The vehicle was towed for forensic examination.
79Your fingerprints, Sam Kent were located on the car (Charge 16: Theft of the Mazda).
Search warrant Execution and arrest of Gun and Kent - 31 July 2023
80Lucus Gun, at approximately 12.00pm on Monday 31 July 2023, police executed a search warrant at your residence in Weir Views.
81After entering the property, police located you asleep in your bedroom. You were arrested.
82Investigators conducted a search of your bedroom and located a backpack containing a bag of cannabis (37grams) (Charge 17: Possess a Drug of Dependence).
83You Sam Kent were located in the next bedroom opposite from Lucus Gun’s bedroom. Investigators conducted a search of this bedroom and located a black balaclava and a Louis Vuitton bag containing a bag of cannabis (37grams) - (Charge 18: Possess a Drug of Dependence).
84Also located was a Victoria Learner permit of victim Mr Mamo.
85You Sam Kent began to get dressed and put on tracksuit pants matching what you were wearing during Incidents 5 and 6. You were arrested.
86Whilst investigators were conducting a search of the premises, a postal delivery was delivered, addressed to you Lucus Gun. This package contained a ‘Z-Hunter’ Machete.
87Both of you were conveyed to the Melton Police Station where separate interviews were conducted.
88During your interview you Sam Kent made no admissions to the matters involving Incidents 1 to 6, largely saying ‘no comment’. You said of the incident involving Mr Simpson that you did not know anything about it and that you were not there. You confirmed the cannabis located in the Louis Vuitton bag was yours.
89During your interview, you Lucus Gun confirmed you purchased the machete from eBay that was delivered to your home. You otherwise largely made no comment in relation to the allegations.
Nature and gravity of offending
90The offences to which you have both pleaded guilty, relate to six separate incidents involving 10 victims. The offending overall is undoubtedly very serious.
91The offences were committed against innocent members of the community and in public places. Five of the 10 victims were children. In order to achieve your aims of assaulting and robbing the victims, you used multiple weapons including machetes, baseball bats and other objects. You disguised your appearance, and you were in company.
92While I will not re-summarise the offending, the armed robbery on 27 July 2023 at Baden Powel Drive, warrants some consideration. The two child victims in that incident were Alex Simpson aged 16, and Justin Farmer aged 15. They were simply playing basketball with another friend (aged 13) when you approached them. You and your co-offenders were armed with machetes and baseball bats. Following your assault, Mr Simpson received stab wounds and lacerations including stab wounds to his chest wall and buttock. Most significantly his left little finger was almost amputated (Charge 13). Mr Farmer also received stab wounds to his buttock (Charge 11). In the circumstances I accept the submission of the prosecution that Charge 13, recklessly causing serious injury, is a ‘high level’ example of the offence.
93Both of you were affiliated with a street gang called the ‘Original Gangster Killers’. It appears that over the course of a few days you were on a rampage, approaching vulnerable innocent members of the community including children, threatening and in some cases assaulting them, in order to achieve your aims. Your conduct was cowardly and reprehensible. In my view in all the circumstances your moral culpability is high. I respectfully adopt the comments expressed by the parents of Alex Simpson in their victim impact statement: ‘The perpetrators showed no remorse, no humanity. They acted with a cruelty that cannot be excused or explained.’
Victim impact statement
94Three victim impact statements were tendered on the plea which I have read and taken into account.
95Two of the statements were written by the parents of your victims who describe the pain and terror they experienced learning that their children had been injured by you. The parents of Alex Simpson express how the attack on their son has impacted the whole family stating: ‘They have left us with a lifelong burden, a pain that words cannot truly express’.
96Alex Simpson also provided a statement outlining the emotional and physical scars he has suffered as a result of his injuries. He suffers from long term nerve damage which has required multiple surgeries and months of rehabilitation. He can no longer participate in the physical activities he once loved. He also states that he has suffered anxiety, depression and symptoms of PTSD, and struggles to come to terms with what has happen to him.
Personal circumstances
Sam Kent
97Sam Kent, you were born and raised in Queensland as the second youngest of four siblings. You are of South Sudanese background and grew up in a predominantly single-parente household. Your biological father left the home when you were 12 leaving your mother to maintain the family dynamic on her own.
98Your relationship with both of your parents is marked by complexity however you have expressed a desire to reconnect and have maintained some communication with both your parents whilst in custody.
99Your childhood was marked by intermittent exposure to domestic violence, primarily perpetrated by your mother’s partners. You report occasions of absconding or being kicked out of your mother’s home where you would go stay with your cousins and uncle.
100You left your home in Brisbane to travel to Victoria in 2023 where you stayed with the family of Lucus Gun and committed these current offences. You have been in custody in Victoria since your arrest for this matter. You are wanted in Queensland in relation to further offending allegedly committed on 2 July 2023 while on parole.
101Your school attendance has historically been disrupted by periods of incarceration. You completed primary school in Queensland however were expelled from school in year 7 following a physical altercation that led to an arrest. In 2021 you were remanded in custody in Queensland where you formally completed year 10. Throughout your remand on this matter have you engaged in education through Parkville College - Cherry Creek Campus undertaking a VCE Vocational Major.
102A supporting letter from Sosina Dessie of Parkville College was tendered on the plea. Ms Dessi speaks positively of your engagement with the College.
103You were first introduced to alcohol at the age of 10 by a family friend and your earliest involvement with illicit substances commenced when you began smoking cannabis at the age of nine which escalated to daily consumption by the age of 13. You report that you have also engaged in the regular use of prescription medications including Xanax and recreational use of MDMA and cocaine.
104Your polysubstance use has created significant instability for you as you would frequently abscond from your home when your mother attempted to implement boundaries in response to your substance use and repeated overdoses. You acknowledge that you use substances as a way to reduce your distressing thoughts and elevate your mood. You have been diagnosed with substance and alcohol use disorders.
105Psychological reports prepared by Gina Cidoni dated 11 April 2025 and John Phung dated 23 June 2025 were tendered on the plea and provide a detailed overview of your psychological history which I have taken into account.
106In April 2024, you were referred to the Forensic Youth Mental Health Service where you were assessed by Dr Thomas Yeatman and reported nightmares about prior violence and hearing the voices of friends or loved ones who have died. You were subsequently diagnosed with post-traumatic stress disorder (PTSD).
107Recent neuropsychological assessments have further identified significant neurodevelopmental vulnerabilities including your overall adaptive functioning which is extremely low range relative to individuals of comparable age. Mr Phung asserts that your low cognitive functioning may be influenced by a range of environmental and psychosocial factors, including ‘exposure to family violence, absence of a consistent father figure, disruptions to your education, negative peer influences, substance use and PTSD’.
108Ms Cidoni’s further asserts that in the scheme of your offending your neurological profile ‘contributes to marked suggestibility and heightened impressionability’ making you particularly vulnerable to negative peer influence and incapable of asserting independent judgement under pressure. Additionally, Ms Cidoni is of the view that you present with clinically significant symptoms consistent with a diagnosis of ADHD which, when combined with your trauma related symptoms, significantly diminishes your capacity to exercise rational judgment and manage your emotional states.
109You have a history of repeated detention beginning in early adolescence and it is clear from reports that you require continued and ongoing supports to promote maturity and accountability and address your mental health and substance abuse disorders.
110A character reference from you mother, was tendered on the plea where she outlines that since your remand in youth justice, you have become more open to guidance and self-reflection.
111You wrote a letter to the court where you summarise the programs you have been involved with since being in detention and state that youth justice has provided you with structure. The purpose of your letter is to request to remain in youth justice.
Lucus Gun
112Lucus Gun, you were born and raised in the Melton area as the fourth in a set of six siblings. Your parents met in South Sudan and then fled to Australia due to war. They separated when you were six years old.
113You report intermittent exposure to family violence throughout your upbringing amongst various family members. Your father perpetrated domestic violence against your mother who struggled with significant mental health difficulties. Your older sister recalls several instances where she had to remove you from the room due to the risk of witnessing family violence incidents.
114You attended Melton Primary and left Secondary School in around year 8. Your departure from school coincided with at-home learning related to the pandemic and you note that it was at this time you began spending time with antisocial peers. Prior to your transfer to the Melbourne Assessment Prison (MAP) on 25 July 2025, you were enrolled in your VCE certificate at the Parkville College through Cherry Creek and had the goal of completing year 12.
115You were introduced to substances and alcohol through friends at age 13 and report that prior to your remand in custody you would consume alcohol frequently and often in large amounts. At the age of 14 you experienced a blackout when you mixed alcohol and benzodiazepines. Whilst remanded in youth custody you have received a diagnosis of substance use disorder through the Orygen Custodial Forensic Youth Mental Health Program (FYMHS) and had access to substance abuse supports through Barwon Health.
116Psychological reports of Laura Fleming dated 8 September 2023 and 4 June 2025 were tendered on the plea in which Ms Fleming opines that your psychological symptomology reaches clinical significance on the Post-Traumatic Stress, Drug Use and Major Depression subscales. You have been involved in or witnessed a number of violent incidents including a friend being stabbed in 2021 and home invasions in 2022, and these experiences continue to affect you through symptoms of rumination and night terrors.
117Regarding your diagnosis of PTSD, Ms Fleming explains that your symptoms are ‘particularly prone to exacerbation under situations of extreme stress or in comorbidity with other mental health issues or substance use’. You report engaging in self-medication with cannabis and non-prescribed benzodiazepines which Ms Fleming asserts heightens your risk of engaging in impulsive and reckless behaviour, further impairing insight, decision-making and judgement, as well as worsening your underlying mental health issues.
118You have historically received treatment for your PTSD however whilst on remand at Cherry Creek your engagement with the Youth Mental Health Service was sporadic. In the months leading to your transfer to MAP, you engaged in two clinical sessions reporting you did not want to participate in talking therapy. Ms Fleming states that you appear ‘closed to building therapeutic relationships’ and have not benefited from these supports due to your avoidance.
119Regarding your offending behaviour, Ms Fleming further opines that you present with traits of antisocial personality disorder including impairment in impulse control leading to poorly planned behaviour. These risk factors represent a significant risk for violence and further criminal offending.
120A character reference from your sister was tendered on the plea where she describes the bond you share and how you have grown very close to her partner. Your sister describes you as a kind and generous person who always shows support for your close friends and family. Upon your release from custody, you have shared an ambition to move to Perth and work in the mines with your sister’s partner building a stable and productive life for yourself.
Sentencing considerations
121There are a number of matters common to you both.
122First are your pleas of guilty. Your pleas have saved the court considerable time and expense. Given the number of victims, it is also significant that your pleas have spared them from having to give evidence and relive the incidents. Your acceptance of responsibility has progressed the course of justice, and you are each entitled to a discount in sentence as a result.
123Your youth is an important sentencing consideration. You were both aged 16 at the time of the offending but close to 17. Lucus Gun, you have just turned 19. Sam Kent, you will turn 19 in a few weeks. As such, it was submitted that rehabilitation should, despite the seriousness of the offending, take a primary role in the sentencing discretion. While I accept the well settled principles in relation to young offenders, and that they do have application in relation to each of you, I must also weigh those considerations with the seriousness of the offending in this instance.
124In Azzopardi v The Queen,[7] having reviewed the established authorities in relation to young offenders, Redlich JA said:
The general propositions which flow from these authorities is that where the degree of criminality of the offences requires the sentencing objectives of deterrence, denunciation, just punishment, and protection of the community to become more prominent in the sentencing calculus, the weight to be attached to youth is correspondingly reduced. As the level of seriousness of the criminality increases, there will be a corresponding reduction in the mitigating effects of the offender's youth. But only in the circumstances of the gravest criminal offending and where there is no realistic prospect of rehabilitation may the mitigatory consideration of youth be viewed as all but extinguished.
[7] (2011) 35 VR 43, [44].
125Sam Kent, you have a number of prior court appearances in the Children’s Court in Brisbane. In March of 2023, just prior to this offending, you were sentenced to 18 months youth detention, in relation to robbery in company, grievous bodily harm and other offences. In breach of parole, you left Queensland and came to Victoria and committed these offences. While on remand in a Youth Justice facility you were involved in a riot at the facility resulting in a number of offences including intentionally causing serious injury, and you have recently been sentenced for that offending which I will address further below.
126Lucus Gun, you have relevant prior history in Victoria for offences including home invasion and assaults. While on remand in a Youth Justice facility, you were also involved in the riot offences, being charged with offences including intentionally causing serious injury for which you also have now been sentenced. I also note that in March 2024 you were sentenced in the Children’s Court to 3 years and 4 month detention for offences of aggravated home invasion and injury charges.
127Mr Haywood who appeared on behalf of the Director of Public Prosecutions submitted that despite your youth, based on the available material (including the recent pre sentence Youth Justice Reports), it cannot be concluded that either of you have reasonable prospects of rehabilitation. I had you both assessed for your suitability for a Youth Justice Centre Order and you have both been found to be unsuitable. The reports detail the numerous incidents you have both been involved in while in youth detention. In each case the writers conclude that you do not have reasonable prospects of rehabilitation. Having considered the material, I too am of the view that currently, your prospects of rehabilitation cannot be assessed positively.
128Therefore, while I do not believe that the ‘mitigatory consideration of youth be viewed as all but extinguished’, in my view in the circumstances your youth must give way to a degree to other relevant sentence considerations of deterrence, denunciation, just punishment, and protection of the community.
129Turning to matters specific to you Sam Kent.
130It was submitted on your behalf that based on the report of Ms Cidoni and the reference to childhood trauma, Bugmy principles are enlivened. I accept that in the general sense your exposure to trauma in your earlier years can be taken into account thereby informing the assessment of your moral culpability.
131Mr Vuu who appeared on your behalf, submitted that your low range of functioning together with your diagnosis of ADHD and PTSD enliven Verdins principles. However you have also been diagnosed with substance abuse disorders, and it is clear from Ms Cidoni’s report that your substance use is intimately associated to your criminal behaviour. While I have taken into account your complex mental health diagnosis, I am not satisfied that Verdins principles are enlivened.
132Turning to matters specific to you Lucus Gun.
133It was submitted on your behalf that based on the reports of Ms Fleming that outlines your exposure to repeated trauma as a child, the principles of Bugmy are enlivened. I accept that in the general sense your exposure to trauma in your earlier years can be taken into account thereby informing the assessment of your moral culpability.
134Mr Portelli who appeared on your behalf, submitted that your complex mental health history is a matter that should be taken into account. I accept the opinion of Ms Fleming that your ability to regulate your emotions, which stems from your symptoms associated with traits of antisocial personality disorder, is also likely connected to your early childhood trauma. You also have a long history of substance abuse that has informed your criminal behaviour. While Verdins principles were not pressed in your case, and in my view would not have application, I nonetheless take your mental health into account in the general discretion.
135When this matter first came on for plea in June, you were both being detained in a youth justice facility. The matter was adjourned for the preparation of pre sentence reports to assess your suitability for Youth Justice Centre orders. As noted above you have both been assessed as unsuitable. Further in relation to you Lucus Gun, during the adjourned period, on 25 July 2025, you were transferred to adult gaol as a result of an administrative decision due to the risks you posed, and your non compliance with directions of staff.
136Having reviewed the materials including the recent reports assessing your suitability for Youth Justice Centre orders, I am satisfied that despite your age, you each must be sentenced to terms of imprisonment in adult gaol.
137As noted, while your youth remains important, other sentencing considerations must be given weight in the sentencing calculus. Deterrence, both general and specific are prominent sentencing considerations together with denunciation of your conduct and protection of the community. You targeted innocent members of the community, including children. You acted in company using weapons and robbed or assaulted your targets in order to achieve your goals, leaving victims with physical and psychological injuries. Such conduct must be firmly denounced and deterred by the courts. You both have relevant prior history and have committed further offences while on remand. As such specific deterrence must also carry weight.
138Totality and parity are important considerations in what is a relatively complex sentencing exercise. Since being on remand for this matter you have both been sentenced in relation to the riot offences, committed on remand. Lucus Gun, you have been in custody since July 2023 when arrested for these matters. You were also sentenced in relation to separate offending in March 2024 and your nominal release date in Youth Justice is May 2027. Sam Kent you have also been in custody since July 2023 when arrested for these matters. The prosecution sentencing submissions detail the complex chronology in relation to your respective custodial histories which I will not reproduce in these reasons, other than to accept the prosecution submission, that totality has application in relation to each of you but applied with greater force to you, Lucus Gun.
139Finally, the prosecution referred to a number of cases in terms of current sentencing practices as outlined in the prosecution sentencing submissions, which I have considered.
Sentence
Sam Kent
140Mr Kent would you please stand.
141Sam Kent on Charges 1, 2, 5, 8, 10 and 12, armed robbery, you are convicted and sentenced to 2 years and 6 months imprisonment on each charge. On Charge 13, causing serious injury recklessly, you are convicted and sentenced to 3 years and 6 months imprisonment. On Charges 3 and 6, causing injury recklessly and Charges 4 and 9, common assault, you are convicted and sentenced to 6 months imprisonment on each charge. On Charge 7, affray, Charge 11, intentionally causing injury, Charges 14 and 15 robbery and Charge 16, theft, you are convicted and sentenced to 12 months imprisonment on each charge. On Charge 18, possession of a drug of dependence you are convicted and fined $500.
142I direct that 1 month of the sentence imposed on Charges 1, 2, 5, 8, 10 and 12, and 3 months of the sentence imposed on Charge 11 be served cumulatively on each other and on Charge 13, making for a total effective sentence of 4 years and 3 months. I direct that you serve 2 years and 4 months before becoming eligible for parole.
Lucus Gun
143Mr Gun would you please stand.
144Lucus Gun on Charges 1, 2, 5, 8, 10 and 12, armed robbery, you are convicted and sentenced to 2 years imprisonment on each charge. On Charge 13, causing serious injury recklessly, you are convicted and sentenced to 3 years imprisonment. On Charges 3 and 6, causing injury recklessly and Charges 4 and 9, common assault, you are convicted and sentenced to 5 months imprisonment on each charge. On Charge 7, affray, Charge 11, intentionally causing injury, Charges 14 and 15 robbery and Charge 16, theft, you are convicted and sentenced to 9 months imprisonment on each charge. On Charge 17, possession of a drug of dependence you are convicted and fined $500. On Summary Charge 21, commit an indictable offence while on bail, you are convicted and sentenced to 1 month imprisonment.
145I direct that 1 month of the sentence imposed on Charges 1, 2, 5, 8, 10 and 12, and 3 months of the sentence imposed on Charge 11 be served cumulatively on each other and on Charge 13, making for a total effective sentence of 3 years and 9 months. I direct that you serve 2 years before becoming eligible for parole.
146In relation to you Sam Kent, pursuant to s 18 of the Sentencing Act 1991 (Sentencing Act), I declare that 148 days be reckoned as the period of imprisonment already served under the sentence I have imposed. That does not include today.
147Pursuant to s 6AAA of the Sentencing Act, I indicate that had you not pleaded guilty, in relation to you Lucus Gun, I would have sentenced you to a period of 4 years and 9 months with a non-parole period of 3 years and in relation to you Sam Kent to a period of 5 years with a non parole period of 3 years and 6 months.
0
2
0