Director of Public Prosecutions v Ibrahim

[2022] VCC 1488

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 21-01098

DIRECTOR OF PUBLIC PROSECUTIONS

v

NICHOLAS IBRAHIM

---

JUDGE:	HIS HONOUR JUDGE MURPHY
WHERE HELD:	Melbourne
DATE OF HEARING:	8 June 2022
DATE OF SENTENCE:	8 June 2022
CASE MAY BE CITED AS:	DPP v Ibrahim
MEDIUM NEUTRAL CITATION:	[2022] VCC 1488

REASONS FOR SENTENCE

---

Subject:

Catchwords:

Legislation Cited:

Cases Cited:

Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A. Brennan	Office of Public Prosecutions
For the Accused	Mr J. Singh	Roubos & Associates

HIS HONOUR: 

1Nicholas Ibrahim, you have pleaded guilty to two charges of attempted armed robbery, maximum penalty 20 years' imprisonment.  The circumstances of the offending were set out in the prosecution opening, which was read in open court by the learned prosecutor this morning and which I incorporate by reference.  In addition I had the benefit of viewing the CCTV footage of the incidents, which allowed me to have a proper appreciation of the offending.  I incorporate by reference the outline of the prosecution opening. 

Introduction

2The offending occurred on 15 September and the first charge involved you flashing a knife at three young men, including the complainant, on the platform and saying, 'Give me your shit'. You sat down beside them and flashed the knife.  The two young men closest to you ran away, and the third one saw the knife, which was a fishing knife that you had found at the Williamstown pier.

3Immediately after that you then took a train to the next station, which was Newport. CCTV footage captured you in that vicinity of that station in Mason Street, following the complainant in the second charge.  You followed him through a subway under the railway line. He was worried about you following him and he went into a shop to avoid you.  You were seen in the CCTV footage hanging around outside the shop. 

4When he emerged again you approached him, flashed the knife from your pocket and then asked him:  'Give me all your stuff and I want some cigarettes'.  He walked straight back into the shop that he had just come out of and called the police. You then left the scene.

5Subsequently the police, using the CCTV footage posted on the police Facebook page, identified you.  They raided your house. You were found there, but no knife was found. You gave a no comment record of interview.

6Subsequently you were charged. The chronology is set out in the prosecution opening: the matter was the subject of a filing hearing on 28 January last year, a committal mention with a straight hand-up brief in May, and the matter resolved at the initial directions hearing on 23 June.  You were arraigned in August last year.  The matter was first listed for plea on 14 February but came before this court this morning.

Seriousness of the offences

7Assessing the serious of the offences, the offence of armed robbery is an inherently serious offence, although it can be committed in a wide variety of circumstances.  Here the charge is that of attempted armed robbery and it carries a 20-year maximum term of imprisonment.  Your conduct involved two specific occasions closely related in time and both captured on CCTV footage.

8In assessing the seriousness of the offences, the impact on the victims is relevant.  The mother of the victim in the first count gave a poignant victim impact statement as to the impact of your conduct on her son.  At the time he was only 14 and, although he was with two friends, to have you brandish a knife at him and seek to steal from him and his friends obviously had a major impact on him, combined as it was with the COVID lockdowns during 2020.  It had a detrimental impact, according to the VIS, on his grades and on his overall well-being, as well as on the family, and caused, according to his mother, which I accept, immense disruption to the family life, including seeking to have the child attend therapy. 

9It has had an impact on the first complainant; while the other two individuals involved in the first incident and the adult in the second count did not file victim impact statements, I accept the prosecution submission that an inference is available that it would have had a significant impact on those other individuals.  Although they are not named as victims, the first two that were involved on the railway platform, and the fourth gentleman, would all have had a significant impact on them.  That was evidenced by the fact that in the case of the complainant in second matter, you followed him under the railway line, through the subway and then he sought to evade you, and you hung around outside the shop waiting until he left.

10I have to take into account the impact on the victims in this matter in assessing the overall seriousness of the offending.

11Taking into account all the circumstances of the offending, there was some premeditation, in that you did wrap a scarf or an item of clothing around your head on the first occasion and you still had it on in the second occasion.

12Overall this is at the lower end of the scale.  You were carrying the knife, which you had found, and you had done this wrapping of clothing around your head.  The actual attempt was on both occasions of very short duration and easily brushed off by each of the complainants.  Notwithstanding this, as evidenced by the victim impact statement of the mother, it did have a significant impact on the first complainant.

13As put by your counsel, Mr Singh, in a comprehensive submission which I incorporate by reference, there was an element of amateurishness in the offending and you described it as a joke originally.  This is confirmed by Dr Cunningham, psychologist, and from the evidence of your mother on the plea.

14Dr Cunningham explains that, while you have a moderate risk of future violent offending, you presented to him as a psychologically and emotionally immature young man.  This is also the opinion of your mother, Ms Mokdsi, who gave evidence before me, and a family friend, Ms Khouri, who has provided a reference on the plea.

15The overall explanation for your lapse into offending centres around long-term bullying at school, both  at primary school and later at your secondary school, and your psychological response to that bullying by seeking to change your personality by appearing tough and dressing and acting 'like a gangster'.  According to your mother you then presented, in contrast to your earlier demeanour, as an angry young man resistant to parental authority and involved in the use of alcohol and drugs and bad company.

16This phase in your development shortly prior to the offending in 2020 was combined with an emotional response to the passing of your grandfather about six weeks prior to the offending, to whom you were very close.  In addition you were in a turbulent relationship with your then girlfriend, who also introduced you to the use of drugs. You were abusing both drugs and alcohol in the period up to the offending and became attached to a different circle of friends than the ones you had been growing up with prior to that.

17At this time the State was suffering the COVID-related lockdowns during 2020, and your mother gave evidence that you were having difficulty transitioning to home schooling and she was being contacted by the teachers, who were troubled by your failure to properly link into the Zoom schooling that was going on at that time.

18In the period up to the offending you were obviously fragile psychologically and in about April 2019, 15 months before the offending, you had been hospitalised over an attempted suicide event.  After that you did have a period of online psychological consultations with Orygen.

19On the plea your counsel emphasised the contrast between your position before and after the offending.  Shortly after the offending you attempted suicide due to your response to the actual offending, but you then re-engaged with Orygen in online therapy.  Further, in the nearly two years since the offending, you have completed your schooling and commenced an electrical apprenticeship.  You have nearly completed the first year of that apprenticeship and you are responding well that position, although you are on your third employer, the first two having sacked you after becoming aware of this offending.

20According to your mother and confirmed by Ms Khouri, you have matured and have given up your use of drugs.  You have rebuilt your relationships with your parents and your sisters.  One of your sisters and your parents are here in court to support you on the plea.  You are now looking to complete your apprenticeship and establish yourself in adult life.

Other matters in mitigation

21In a comprehensive plea your counsel submitted that there are a number of matters that go in mitigation and should lead to a non-custodial disposition.  You did plead guilty early.  You are entitled to full credit for that and a further perceptible amelioration of sentence upon a plea of guilty in the COVID environment. Further, I am satisfied that the plea is evidence of remorse, insight and acceptance of responsibility.  Your insight into the offending is confirmed by the report of Dr Cunningham and the evidence of your mother and the reference from Ms Khodi.

22The report of Dr Cunningham indicates that, while you have a moderate risk of reoffending, you are not suffering from any mental illness.  He is of the opinion that you would benefit from a disposition that facilitated your rehabilitation given your history of fragile mental health and erratic behaviour under stress.

23Your counsel submitted that you have nothing outstanding against you in the period of nearly two years since the offending.  Commendably, he conceded that you did have an antecedent that was dealt with in the Children's Court.

Disposition

24I have been assisted in dealing with this matter by the comprehensive plea submissions by Mr Singh and the responding submission by Mr Brennan on behalf of the prosecution.  Mr Singh emphasised your age, you having turned 20 this day, and the requirement for the court to focus on your rehabilitation, notwithstanding the seriousness of the offending.  You are still, as defined in the Sentencing Act, a young offender.

25The powerful evidence of your mother as to the circumstances in which you were affected by the bullying during your school years, and your response, then your fragile psychological state in the period prior to the offending and the contrast since the offending itself lead to the conclusion that, as accepted by the prosecution and urged by your counsel, all sentencing considerations can be achieved by the imposition of an appropriately tailored community corrections order.

26You have been found suitable for a community corrections order.  Further, a mental health assessment shows that you have received some benefit from prior psychological counselling.  That assessment also indicates you have some insight into your offending and are now focused on a prosocial future.  The mental health assessment indicates you would benefit from participation in psychological counselling to focus on achieving prosocial life goals and to cope with stress and emotional issues.  That is consistent with the opinion of Dr Cunningham.

27Your conduct on that day must be utterly condemned and denounced.  It was amateurish and engaged in under the influence of alcohol and possibly drugs.  This provides no excuse for your conduct.  You were at the time an emotionally fragile and immature 18-year-old.  On the evidence before me you are now maturing and have insight into your conduct and are remorseful for it.  This bodes well for your rehabilitation.  It is in the community's interest that you be reclaimed from this lapse into criminality and that a disposition of the court designed to further your path into adult maturity is in the best long-term community interest.

28Having regard to all the submissions made, the sentence of the Court is that you are convicted and you are sentenced to an aggregate sentence of a community corrections order for two years.

29The community corrections order that commences today goes for two years.  There are standard conditions of the order.  The first one is that you effectively on a good behaviour bond for the next two years so that if you commit an offence which carries a term of imprisonment that of itself breaches the order. 

30You are required under the terms of the order to comply with any obligations imposed upon you by the Secretary of the Department or their delegate.  That includes reporting to the Werribee Community Corrections office within two business days by telephone and then accepting any visits to your home and following their directions.  You have also got to advise them of any change of address and you are not allowed to leave the State without getting permission from the Secretary.

31In addition to that there is the additional terms that are designed to reduce your risk of reoffending in the future.  You have got to perform 200 hours of unpaid community work over the next two years.  Further, I am allowing any hours of treatment and rehabilitation that you have satisfactorily completed to be counted against the 200 hours community work.  If you fail to comply with the directions of the Secretary then they can impose additional hours of community work on you.  In addition to that you are going to be under supervision of a community corrections officer for a period of two years.

32In order to facilitate your treatment and rehabilitation, you have got to undergo assessment and treatment for drug abuse or dependency as directed by the regional manager, and assessment and treatment for alcohol abuse or dependency, including testing for alcohol abuse or dependency as directed.  You must undergo any mental health assessment and treatment, which may include psychological, neuropsychological, psychiatric or treatment in a hospital or residential facility, as directed by the regional manager.

33Further, you are directed to go to a GP and get yourself a mental health plan, which is a referral to a psychologist under Medicare, or a youth mental health service such as Headspace.  You have got to participate in any programs or courses that the regional manager puts you into and participate in any programs or courses that are consistent with achieving the aim or the purpose of treatment and rehabilitation, which may include employment, education, cultural and personal development programs as directed by the regional manager.

34All this is in the community's interest and that is why I am imposing this sentence on you for this serious offending.  I am giving you this chance, the first time you have been before a Higher Court, so that the Office of Corrections can get you into a drug program so you understand the impact of drug abuse and dependency, you understand the impact of alcohol dependency, you get your mental health under control by getting a mental health plan from your GP, and any other courses that the Office of Corrections suggest.

35You have got to obey the directions of the regional manager and if you fail to comply, they will bring you back before me.  I will have a transcript of this and I will hand it to you and say, 'Don't say I didn't remind you'.  Breach of a community corrections order of itself is an offence that carries a three-month term of imprisonment. 

36I declare that had you not pleaded guilty to these offences I would have imposed a three-year community corrections order on you. 

37I want to thank both counsel for their comprehensive submissions in this matter and their assistance.  This allows me to wrap this matter up today.  So as far as you are concerned, Mr Ibrahim, I do not want to see you back in the criminal justice system.  You are a 20-year-old now.  You could have had a much more adverse outcome on your birthday, but I am giving you this one opportunity.  You will not get another one, so keep away from the drugs, keep away from the alcohol, focus on finishing your apprenticeship, being an electrician.  And I have got personal knowledge of this:  it is a licence to print money, so you see if you can finish that.

‑ ‑ ‑