Director of Public Prosecutions v Hormis&Yakou

[2015] VCC 479

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 13-02103
CR-14-00043

DIRECTOR OF PUBLIC PROSECUTIONS

v

FADI HORMIS
MARCILIA YAKOU

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JUDGE:	HIS HONOUR JUDGE LACAVA
WHERE HELD:	Melbourne
DATE OF HEARING:	24 April 2015
DATE OF SENTENCE:	24 April 2015
CASE MAY BE CITED AS:	DPP v Hormis&Yakou
MEDIUM NEUTRAL CITATION:	[2015] VCC 479

REASONS FOR SENTENCE
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Subject:              Robbery, Common Assault
Sentence:           Community Corrections Orders.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. Bosso
For Accused Hormis	Ms L. Treasure
For Accused Yakou	Mr C. Pearson

HIS HONOUR:

1Marcilia Yakou and Fadi Hormis, you have each pleaded guilty to two charges on the indictment.  The first charge is a charge of robbery and the second; a charge of common assault.  The offending occurred in April of 2013.  The maximum sentence for the charge of robbery is 15 years' imprisonment and the maximum sentence for a charge of common assault is five years' imprisonment.

2The circumstances of your offending were set out in a lengthy prosecution summary which was read in open court by the learned prosecutor, Mr Porceddu, at the time of your plea, and it is not necessary that I here repeat what is there set out except in summary form.

3You, Ms Yakou, lured the victim of this assault and robbery to a meeting that took place on 10 April.  The plan was that you, with others - including you Mr Hormis - would rob the victim.  Unfortunately one of your criminal associates had with him a knife and he stabbed the victim in the abdomen causing him serious injury.  I accept that neither of you knew that your associate had with him a knife and it was not part of the plan that the victim would be stabbed, and that the prosecution accepted that to be the position and that is the basis upon which the plea proceeded.  However, it was the plan that the victim would be either assaulted or threatened by the number of males that you, Ms Yakou, had taken to the scene of this robbery.

4The proceeds of the robbery were small and relatively insignificant.  A police investigation followed and soon after both of you were charged - not with the offences which you have pleaded guilty to but with other more serious matters.  There was, in your case - in each of your cases - a contested committal, but this matter has resolved into a plea at an early time.  In passing sentence upon each of you I have taken into account the fact that you have each pleaded guilty to the charges, although that was not at an early time.  It cannot be said I think that that was any fault of yours and so I treat you both as entitled to a significant reduction in sentence because of your pleas.  You have saved the time and cost of what might have been a reasonably lengthy trial by your pleas and you have also, in my view, by your pleas, demonstrated genuine remorse for your offending.

5I turn to you, Ms Yakou.  Mr Pearson - who appeared on your behalf - set out a detailed written outline of his submissions which I admitted as an exhibit.  It is not necessary again that I set out everything that is contained therein except in summary form.

6You are now 20 years of age.  You were born on 13 May 1994.  In the eyes of the law you are therefore a young offender.  In sentencing young offenders the guiding principle is rehabilitation; in your case I paid full regard to that.

7You were born in Phoenix, Arizona, and raised in Phoenix until you were 12, and you came to Australia with your parents and siblings in 2006.  Both of your parents are Iraqi immigrants.  You have lived in Australia since 2006.  You are now working as an apprentice hairdresser and in my view you need to be given the assistance that the law can give you to try to ensure that you achieve a full rehabilitation.

8At the time of the offending in 2013 I am told, and accept, that you were leading a largely lawless lifestyle.  You were unemployed and drifting with other young unemployed people.  Your boyfriend at the time was the co-accused - who I referred to earlier - who stabbed the victim.  You were using illicit drugs at the time of the offending; principally the methamphetamine ice.

9You knew the other co-offenders, but not well.  I accept that you did not know that Mr Adisho, your co-accused, had with him a knife.  You were charged with these offences in 27 June 2013.  You were remanded into custody but eventually released on bail.  You spent some time in custody - in fact, a total of 55 days - and that was spent at the Dame Phyllis Frost Centre.  You found

10that extremely difficult.  Since being bailed you have taken full advantage of your contacts with the YSAS and you have now found your accommodation and are living, or attempting to live what might be regarded as a relatively normal life in a lawful manner.  In my view any sentence that I pass must ensure that you continue to go down that path.

11Mr Pearson urged me to impose a community corrections order and I have been persuaded by his plea that I should do so.  There is one condition that I will be imposing on that that needs to be recorded.  Mr Pearson asked that I not impose a work order as a component of the community corrections order, but I have decided that having regard to the seriousness of these matters that one should be imposed, and you will be required to work 150 hours of community work over a period of two years.  However, there will be credits to that 150 hours for time that you are engaged in counselling, or performing other consultations as directed by the Corrections people.  Also, it will be part of the order that you not associate with Mr Hormis or the other co-offenders, including Mr Adisho.

12Now I turn to Mr Hormis.  You are not technically a young offender, but you are a youthful offender.  You are 23 years of age.  You are the eldest of four children living at home.  You have no relevant past criminal history and you are currently employed as a boner and cleaner at an abattoir in Brooklyn, and you have been doing that for just over 12 months, and that is to your credit.

13You, at the outset, made admissions when you were interviewed by the police, including admissions that you assaulted by punching the victim.  You did not know that the victim had been stabbed until well after the event, and I accept that.  I admitted into evidence references from relatives, which I have taken into account, and I have also taken into account your school record, which was tendered.  I accept that your plea of guilty also signifies significant remorse.

14The principles of rehabilitation being a guiding principle for youthful offenders, I think, apply in your case.  You have set yourself down the path to rehabilitation and any orders I make should not interfere with the path that you have chosen to take.  Accordingly, I have accepted a submission by your counsel that in your case I should also impose a community corrections order.  In respect of each of you I will make on both charges, with conviction, a community corrections order.

15In your case, Ms Yakou, the order will be for a period of two years; commencing on this day and ending on 23 April 2017.  There will be the usual terms and conditions, including a condition for treatment and rehabilitation for drug abuse.  There will be a condition for supervision and there will be a condition that you undergo unpaid community work of 150 hours over the period of two years of the community corrections order.

16There is a non-association condition.  You are not to associate with Mr Fadi Hormis, your co-accused, and Mr Ashor Adisho for a period of two years.

17Mr Hormis; the conditions of your community corrections order are the same, save that there is no condition in your case relating to treatment for drug abuse.  You are not to associate with Ms Yakou or with Mr Adisho for a period of two years.  Do you understand that?

18OFFENDER HORMIS:  Yes, Your Honour.

19HIS HONOUR:  Do you understand the terms and conditions, Ms Yakou?

20OFFENDER YAKOU:  Yes, Your Honour.

21HIS HONOUR:  Do each of you understand that if you breach this community corrections order you will be brought back before me and I have the power to deal with you again?

22OFFENDER HORMIS:  Yes, Your Honour.

23OFFENDER YAKOU:  Yes, Your Honour.

24HIS HONOUR:  So you have been given a chance, and time will tell whether or not you take that chance.  I hope I never see you back in my court again, quite frankly, all right?  You will be asked to sign the terms and conditions of the community corrections order.

25MS TREASURE:  Perhaps I can just clarify one thing, Your Honour?  It'd be inconsequential at this stage, but there was no contested committal hearing for Mr Hormis.

26HIS HONOUR:  Thank you.

27MR PEARSON:  Does Your Honour want them to go back into the dock?

28HIS HONOUR:  No.

29MR PEARSON:  Just grab a seat there.  That order has been signed, Your Honour.

30ASSOCIATE:  Do you confirm that this is your signature, Mr Hormis?

31OFFENDER HORMIS:  Yes.

32ASSOCIATE:  And Ms Yakou, do you confirm that this is your signature?

33OFFENDER YAKOU:  Yeah.

34HIS HONOUR:  Thank you.  The formal order in relation to Ms Yakou will also record that there has been 55 days pre-sentence detention, and in respect of Mr Hormis, five days.

35MR PEARSON:  Your Honour?

36MR BOSSO:  As Your Honour pleases.

37MS TREASURE:  As Your Honour pleases.

38HIS HONOUR:  Very well.

39MR PEARSON:  I think it was actually 57 days of pre-sentence detention for Ms Yakou, Your Honour?

40MR BOSSO:  That's the figure I had, Your Honour; 57.

41HIS HONOUR:  I thought I was told 55?

42MR PEARSON:  I noted it as 57 at the time, Your Honour.

43HIS HONOUR:  Very well.  It'll be 57.

44MR PEARSON:  Thank you, sir.

45HIS HONOUR:  Is Mr Gatt out the back?  Yes, very well.  Mr Hormis and Ms Yakou feel free to leave, thank you.  Thank you, Mr Pearson.

46MR PEARSON:  Thank you, Your Honour.

47HIS HONOUR:  Thank you, Mr Bosso.

48MR BOSSO:  Thank you, Your Honour.

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