Director of Public Prosecutions v Imrei

[2025] VCC 71

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 24-00442

DIRECTOR OF PUBLIC PROSECUTIONS

v

JOSH IMREI

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JUDGE:	HER HONOUR JUDGE RIDDELL
WHERE HELD:	Melbourne
DATE OF HEARING:	27 June 2024; 13 December 2024
DATE OF SENTENCE:	5 February 2025
CASE MAY BE CITED AS:	DPP v Imrei
MEDIUM NEUTRAL CITATION:	[2025] VCC 71

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW --- SENTENCE

Catchwords:  Plea of Guilty --- Aggravated Carjacking --- Attempted Armed Robbery ---Common Law Assault --- Theft --- Spate of Offending ---Multiple Victims --- Violent Incidents in Public --- Drug Affected State --- Imitation Firearm --- Disadvantage in Formative Years --- Bugmyv The Queen principles enlivened --- Principal Issue Drug Use --- Lengthy Criminal History --- Low Prospects of Rehabilitation --- Need for Specific Deterrence and Community Protection--- Remorse

Legislation Cited:  Sentencing Act1991

Cases Cited:  Bugmy v The Queen 249 CLR 571

Sentence:6 Years and 3 months Imprisonment --- Non-Parole     Period of 3 Years and 10 months  

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr B. Hardisty at Plea & Ms Y. Gorkem at Sentence	Office of Public Prosecutions
For the Accused	Ms K. Ljubicic	Giorgianni & Liang

HER HONOUR:

1Josh Imrei, on 27 June 2024, you pleaded guilty to one charge of
Attempted Carjacking, two charges of Common Law Assault, one charge of Attempted Armed Robbery, one charge of Aggravated Carjacking and one charge of Theft as well as the summary charges of Drive whilst
Authorisation Suspended and Tamper with Motor Vehicle.

2Those charges are the result of a spate of offending committed in close succession on the afternoon of 1 September 2023.  They involve five different victims.

3You are now 31 years of age and were 30 at the time of your offending.

4On 1 September 2023, at approximately 12:30pm, at approximately 12:30pm, Mr Siyagunakosgo Fernando drove his Honda Accord into the underground carpark at 51 Buckley Street in Noble Park. You appeared in his path and caused him to stop suddenly. You approached Mr Fernando and tapped on the bonnet before opening the driver’s door and saying ‘Get out of the car, do you know who I am? I am going to kill you.’

5Mr Fernando asked why, and with one hand you began to choke him. You then attempted to pull him from the car by grabbing his jacket. Mr Fernando hung onto his steering wheel and still had his seatbelt on. His jacket ripped.

6You tried to grab his keys, but he managed to block the ignition with his hands. That series of actions are the subject of Charge One, Attempted Carjacking.

7You then punched Mr Fernando four or five times to his jaw before kicking him in his right thigh.  Those actions found Charge 2, Common Law Assault.

8Mr Fernando managed to shut and lock the door before he began screaming ‘Help me’. You then walked away, exiting onto Leonard Avenue.

9Mr Fernando was bleeding from his mouth and attended the
Power Road Medical Centre. He was found to have a tender scalp with bruise and haematoma to the right temporal region; swelling to the right side of his jaw with bleeding from his lower lip; and a bruise on his right upper thigh.
Mr Fernando was prescribed pain medication and referred for a facial CT scan.

10Ten minutes later you approached a Toyota Kluger belonging to
Mr Thi Thu Thao Nguyen which was parked at the rear of his grocery business in Buckley Street in Noble Park. You attempted to open the locked front driver’s side door by pulling on the handle. You were unsuccessful and walked off in the direction of the adjoining carpark. Those actions found Summary Charge 10 Tamper with motor vehicle.

11Very soon after you walked down an alley where you came across
Mr Michael Carus. He had parked his Toyota Corolla in the public carpark on Frank street, connected to the alleyway. He was holding his car keys.

12You told Mr Carus to ‘Give me your keys’. He replied ‘What’ and you repeated ‘Give me your keys you dog’. You then took out a black imitation handgun from your clothing and held it approximately 20cm away from the right side of
Mr Carus’ head. You again said ‘Give me your keys’.

13Mr Carus panicked, however he realised that the gun looked fake. He used his right hand to push the gun away and by so doing felt that the gun was plastic. This caused you to give up and continue walking int eh opposite direction towards the carpark. Before leaving you said, ‘Scared you though you dog’.

14This interaction lasted for no longer than one minute. Mr Carus called
the police at 12:43pm. Those actions are the basis of
Charge 3 – Attempted Armed Robbery.

15Minutes later Mr Anthony Vomero drove his vehicle into the carpark behind the 7/11 store in Heatherton Road, Noble Park. He noticed you walk out of the laneway and was suspicious of you. He watched you walk away before you walked back in the direction of his vehicle.

16You approached Mr Vomero’s side door and tapped on the glass and showed him the imitation handgun. You waved it and said ‘Get out of the car’.

17Mr Vomero remained seated with his seat belt on. You opened the driver’s door and struck him in the face with the imitation handgun. This pressed Mr Vomero’s glasses up onto his nose and left a red mark before they fell off. The strike also caused pain to Mr Vomero’s jaw.  It is the act founding Charge 5,
Common Law Assault.

18Mr Vomero then undid his seatbelt at which you point you jumped back and pointed the handgun at him. He then exited his car, took out his mobile and you got into the driver’s seat and told him to ‘Fuck off, get out of here.’  Those acts constitute Charge 4 Aggravated Carjacking.

19Another driver paused nearby but you waved that car on with the imitation handgun.

20Mr Vomero heard you drive off in his car as he walked into the 7/11.  You were disqualified from driving as reflected in Summary Charge 8, Drive whilst disqualified. Mr Vomero called triple zero at 12:46pm.

21He attended Greens Medical Centre. Dr Bashir assessed him as having graze marks on his nose from his glasses and tenderness on the left side of his jaw. He did not require medical treatment.

22Mr Koleshi was working as a service member at the BWS drive through at the Keysborough Hotel. Close in time to the events I have just described he saw you walk into the bottle shop. You were ‘jittery’ and you asked him for a light for your cigarette. He lit your cigarette and you then exited the store towards Chandler Road.

23You returned to the store 10 minutes later, opened a fridge and removed a 4 pack of Jim Beam Double Black 375ml cans, valued at $25. You exited the store without paying and again walked back in the direction of Chandler Road. You cracked open one of the cans as you walked out. That is Charge 6, Theft.

24Police began monitoring these incidents at approximately 12:40pm. At 12:55pm they patrolled the area in an attempt to find Mr Vomero’s vehicle.

25At approximately 1:15pm, Officers were travelling north along Corrigan Road, Senior Constable Waldron spotted you walking in the same direction on the eastern footpath. You were drinking from a can of Jim Beam.

26The Officers drove alongside you and asked you for your name and address. You were evasive stating only that you lived in Noble Park. They took photos and videos of you before getting out and talking to you. You were told you would be arrested, whereupon you gave a false name and date of birth. You placed the cans of alcohol on the pavement, denied being in possession of alcohol and became agitated, making fists with your hands.  You began to walk away.  Detective Sergeant Davey had pulled up nearby. He put his hand up to stop you walking away but you clenched your fist and raised your right hand. The Detective then pushed you backwards into a garden bed. You landed on your back in the garden bed and began to resist by grabbing at
Detective Sergeant Davey’s arms. There was a struggle in which you proceeded to ignore multiple directions to stop resisting, by continuing to struggle and shout abuse.

27You continually tried to reach for your waistband. It was at this time that Detective Sergeant Davey issued a verbal warning to stop resisting.  OC spray was used. 

28Senior Constable Robertson saw a barrel protruding from your waistband and called out ‘He’s got a gun’. Senior Constable Waldron requested backup via radio and Detective Sergeant Davey issued another direction to ‘Stop reaching or I will baton you.’ The OC spray began to take effect and you were handcuffed. 

29Detective Sergeant Davey grabbed the barrel of the handgun and realised that it was fake. He placed it out of your reach. You continued to resist and reach towards your waistband.  More Police Officers arrived and you were moved back onto the nature strip. You continued to give the false name.

30Those actions are the basis of Charge 12 Resist police and Possession of imitation firearm.

31After you were taken into custody you continued to refuse to provide your name and address. You were transported back to the Dandenong Police Station and ultimately identified.

32You were unfit for interview due to possible ingestion of alcohol and drugs and because of your limited cooperation.

Sentencing Principles

33This is a concerning episode of offending whereby multiple people were put in fear.  The sentence I impose must generally deter others from behaving in this way.  It must denounce this type of aggression and violence, particularly in public places where people are innocently going about their business, and it must aim to achieve community protection. 

Objective gravity of the offending

34While it occurred over a short period of time, and each event of itself was of short duration, overall the offending is objectively serious. Individual offences are aggravated for the following reasons.

35The confrontations with Mr Fernando, Mr Carus and Mr Vomero were no doubt frightening. Mr Fernando was abruptly stopped, threatened, and you made physical contact with him in your effort to extract him from the car.  Dissatisfied with his resistance you physically assaulted him including by choking, and you were no doubt behaving aggressively.

36The common law assault by punching and kicking him against that background is a serious one.  It involved multiple applications of force to his face and then leg.  It left him with injuries.

37Your confrontation with and attempted armed robbery of Mr Carus involved you revealing the imitation gun in your effort to extract his keys. Although imitation, it no doubt caused him fear when initially revealed.  Fortunately he recognised it was a fake and you left him quickly. It was a very brief interaction.

38In contrast the offending against Mr Vomero was more protracted. He made efforts to stop you taking his car and you responded with violence.  You struck him to the face causing pain to his jaw. That is the common law assault and again the context, including him being confined to his car and you using a weapon to strike him, makes it more serious.  You also ripped his jacket.

39I am conscious that the possession and brandishing of the imitation firearm as part of extracting the vehicle from Mr Vomero is part of the offence of aggravated car jacking rather than an aggravating feature of that offence. Nonetheless I can and do take into account the type of weapon used, which no doubt was frightening.  Unlike Mr Carus, Mr Vomero apparently did not recognise it as an imitation. Even after he was out of the vehicle you again pointed the gun at him. The fact it was an imitation gun does not reduce the fear of a victim. For those reasons this is at least a moderately serious example of aggravated car jacking.  This will be the base sentence.

40In relation to your behaviour towards police, that too is reasonably serious.  They too were confronted with a person who was behaving aggressively and who they believed to be armed with a gun.  Although trained professionals, that does not mean they are not affected by production of weapons and by aggressive behaviour directed at them. 

41I accept this offending was not preplanned or particularly sophisticated.  I accept it was a reasonably brief series of events. I accept you were not thinking clearly and that there was no real motive for you to take any vehicle.  The vehicle you did succeed in taking was soon after abandoned.

42The charge of aggravated carjacking was introduced in this State in 2016.  It is a charge which carries a maximum penalty of 25 years' imprisonment.  In the case of an offender who is over 18 years, I must impose a non-parole period of not less than three years unless a special reason exists not to do so.  No reason was advanced in your case.

Specific Deterrence

43In addition to general deterrence, specific deterrence is relevant in your case.  You have a lengthy and relevant prior criminal history.  Your prior criminal history does not aggravate the circumstances of this offending, and you are not to be punished twice for it, however, it forms part of my consideration of the need for specific deterrence, of the risk you pose to other members of the community and of your prospects of rehabilitation.  

44That history dates back to the Children’s Court and to 2014 in the Magistrate’s Court. You have been dealt with for a range of dishonesty offences, drug offences, driving offences and offences of violence including threats to kill, threat to inflict serious injury, stalking, contravening intervention orders and armed robbery and arson. 

45Sentencing dispositions aimed at your rehabilitation have been attempted, including 9 Community Correction Orders which have included drug and alcohol treatment conditions.  Those have been breached by you.

46You have served various terms of imprisonment including 3 years 4 months with a non-parole term of 2 years for armed robbery in November 2016, 3 years and 3 months with a non-parole period of 2 years for arson in June 2022 and most recently, in July 2022 you were sentenced to a concurrent term of imprisonment of 427 days for intentionally causing injury, theft of a car and resist police and failing to stop after an accident. You were released from that term three months before committing these offences in September 2023. 

47Indeed you have spent much of the last 8 years in custody and it is true to say you are at risk of becoming institutionalised.

Personal Circumstances

48Turning to your personal circumstances.  I have been assisted by your Counsel and by the Psychiatric Report authored by Dr Clare McInerney dated
12 December 2024 and Psychologist report of Ms Carla Lechner dated
27 May 2024.

49In summary, your history is marred by the drug and alcohol use and violence of your father, the instability which resulted, a lack of supervision or care, your own problematic behavioural issues and a very early descent to drug and alcohol use.  In my view the nature of your background enlivens the principles enunciated by the High Court in Bugmy v The Queen.[1]

[1]Bugmy v The Queen 249 CLR 571

50What that means is your disadvantage suffered in your formative years has left a mark on you and impacted your behaviour and development over time. The prosecution did not dispute that those principles apply, though point to your ongoing involvement in illicit drug use as the main feature of your offending.

51You are one of four children, born in Dandenong and raised around Doveton and Endeavour Hills. What early memories you have are of a chaotic time.

52Your father is Aboriginal. He struggled with an alcohol and cannabis addiction. He was removed from your family home when you were young as he was violent towards your mother and you and your siblings. Your mother struggled financially to provide for all of you as a single mother and there was a consequent lack of supervision and what you experienced as neglect.

53You had behavioural problems from a young age and describe yourself as the ‘problem child’ of your family. You had increasing issues with disruptiveness and fighting at school, with early alcohol and drug use and association with older  antisocial peers.

54You retained some contact with your father after the separation, but there was ongoing family conflict.  As a teenager you spent some time living with him after your mother threw you out.  At times you and your father were then homeless.  He permitted cannabis and alcohol use which only fed into your existing problems.

55During your schooling years, you were assessed by multiple paediatricians and psychologists and were diagnosed with Oppositional Defiant Disorder (ODD) and treated with Ritalin for ADHD.

56You were expelled twice in Year 7, moved schools and eventually left to take up a practical course outside school at Year 9 level. You have had very little employment, other than one labouring job during a period of parole in 2019.

57Your drug and alcohol use is chronic and serious.  You began drinking alcohol at age 10 and were treated for alcohol poisoning as an 11 year old.  you continued to binge drink. You were smoking cannabis at that time and call yourself a ‘bong head’ by 13. You have used it since then although more recently you report it ‘makes me crazy’.

58You began using amphetamine at 14 years old and progressed to methamphetamine at 16 years of age.  You have used a range of other substances including GHB.

59You have had three serious intimate relationships which were marred by drug use, associated with conflict, jealousy and violence. Unsurprisingly your drug use also led to further difficulties with your family and to criminal offending.

60You have a seven year old daughter. You were not in a relationship with her mother and due to her suffering some mental illness, you were briefly granted custody of your daughter in 2019. However due to your own addiction, mental health and periods of incarceration, your mother took over custody. Your daughter is likely to remain in the custody of your mother.

61You have spent most of the last eight years in prison. When you had periods of time in the community, you stayed with your mother who has a bungalow at the back of her house. Immediately prior to your most recent arrest you were staying at your current partner’s flat in Dandenong.  She and your mother are both on the link today and are supportive of you which is significant.

62You have previously received a jobseeker allowance.  An application for NDIS support made in 2021 was rejected.

Mental Health

63You have some history of mental health treatment and inpatient psychiatric admission.  Although questions were raised by Ms Lechner regarding whether you have an underlying psychiatric condition such as schizophrenia, that question has been answered in the negative by Dr McInerny.  Rather, any psychotic behaviours stem from your problematic drug use.

64Dr McInerney has examined your justice health records. What they show is that your psychotic type symptoms resolve reasonably quickly once you are sober in the custodial setting.

65You underwent a two-week psychiatric admission in 2019 after methamphetamine use which made you paranoid.  Your mother called an ambulance because of your erratic and agitated behaviour. You required physical and chemical restraint. You were diagnosed with psychosis in hospital and treated with the oral antipsychotic medication olanzapine.

66You were referred for a mental health care plan on discharge but only attended one session before returning to drug use and ceasing the medication.

67You were brought back to the Royal Melbourne Hospital again a few months later after burning down your father’s house. However, you were discharged to police custody and remanded.

68You have never been engaged with community mental health.

69You have had two suicide attempts, in 2020 and 2021.

70You have taken olanzapine while in prison, but not while in the community. You briefly changed to paliperidone in 2023 to manage side effects and you were offered a depot formulation due to your unreliability in taking your medication, but you abandoned this when you left prison in mid-2023.

71You usually take an antidepressant but have stopped following your recent transfer to the Metropolitan Remand Centre.

72Your Justice Health Records indicated that you do have past diagnoses of anxiety, depression, PTSD and a previous Drug Induced Psychosis however any attendance at prison mental health has been irregular. 

73Over the past years, you have had numerous short psychiatric assessments in prison. At the most recent in May 2024 you returned a positive urine screen for methamphetamine.

74You failed to attend your psychiatrist appointment in custody in May 2024.  Antipsychotic treatment was discontinued due to an absence of a psychotic illness and because you were not taking it.

75Although you are now medicated on what Dr McInerney describes as a ‘very low dose’ of antipsychotic her recommendation is that that be ceased at an appropriate time under supervision of a psychiatrist.

Drug Use

76I have read the reasons for sentence for your two prior matters dealt with in this Court. Although your past diagnoses of anxiety, depression, ADHD and post-traumatic stress disorder have been confirmed, the principal issue noted is your drug use.  Those other offences were also committed in that context with associated paranoia. In 2016 you described yourself as being up for two days leading to the incident, having taken methamphetamine and drunk half a slab of bourbon.  In 2022 you instructed that you had no memory of offending due to your use of drugs.

77At the time of your offending on the occasion before me, you had used methamphetamine on a number of occasions in the weeks prior to the incident and you admit using it on the day prior.  When you spoke to a prison psychiatric doctor soon after the incident you told that person that you had been smoking ice which was bubbling unusually. 

78Issues were raised on the plea regarding whether your drug use is an aggravating feature of your offending. The Prosecution submit you have the type of foreknowledge which should make it so.  That is, you know from your past instances of offending that you will behave in an aggressive or violent way when affected by methamphetamine. Ms Ljubicic on your behalf resisted that submission, saying I should consider it through the prism of your mental health and difficult background.  She submits it provides context for your offending but does not aggravate it.

79I have considered the submissions of both parties. Arguably most offenders who are drug users will have some awareness of the impact of their drug use on their behaviours. In your case I have to consider that awareness in the context of the principles of Bugmy including the impact of your lack of education, and the psychotic episodes you have experienced in the past.  I also accept that resisting a chronic addiction – in your case 20 years of your life – is extremely difficult, and more so for someone with that history. Once drugs are in play the ability to be fully contemplate their impact wanes. For those reasons I am of the view that your drug use provides context for the offending rather than being a separate aggravating feature. 

80I do note however, that your drug affected state was no doubt apparent to the victims here, and that a drug affected person behaving aggressively is a very frightening thing for most members of the public.  Similarly, police having to deal with a drug affected aggressive person must be extremely difficult and I take into account your offending behaviour towards the police on this occasion. It was protracted and aggressive. You have past history of such behaviour against police.

Prospects of Rehabilitation

81Those who have sentenced you in the past, in particular His Honour Judge Wischusen in 2022, have noted your need for a great deal of active support on your release.  Those assessments have been based on the psychological and psychiatric material.  I can only add my voice to that chorus. 

82Dr McInerney too makes a number of recommendations which should be considered.

83You will need structured support on your release.  Transition planning should be undertaken including investigation of accommodation which I agree is a basic need for any success.

84Your prospects of rehabilitation which are reasonably low, given your history of a quick descent to drug use and reoffending after imprisonment, are almost entirely dependent on you conquering your addiction issues. 

85I note, Mr Imrei, that Dr McInerney says you under report or downplay the severity of your drug addiction.  Saying you are motivated to rid yourself of drugs is not enough.  Your use of drugs in custody speaks against any claim of motivation. You need to confront your addiction and take whatever treatment you can in custody to give yourself a chance of a different life.  Your daughter will hopefully give you some motivation.  So too your partner and your mother.

Plea of Guilty

86You did manage to complete a previous period of parole.  I accept here you have pleaded guilty early and expressed your disgust and remorse at your offending.  Those are positives for you.  Your plea entitles you to a discount in sentence.  It saves victims and it saves the court and community the cost and time of any trial. 

87I accept your remorse is offered genuinely.

88I accept the submission of Ms Lubjicic that your need for ongoing support and supervision does tend towards reducing the non-parole period of sentence so that you have a greater time on Parole.  Hopefully you will be able to be released at the earliest opportunity to allow for that intention.

Maximum Penalties and Current Sentencing Practices

89I have considered the maximum penalties for each offence as noted in the Prosecution Opening. 

90I have considered current sentencing practices and referred to a number of other cases in particular on the judicial college sentencing summaries. I have also looked through the Sentencing Advisory statistics for the various offences here. As always there are similarities and differences between offender and offending.  Ultimately I am required to impose a just sentence in all the circumstances and that is what I have endeavoured to do.

91I have also been mindful of the principle of totality.  That requires me to step back and determine the appropriateness of the overall sentence.  The sentences will reflect the offences individually and in that way will recognise each victim.  However, given these events occurred in quick succession, orders for cumulation will be more modest.

Sentence

92In all of the circumstances, I propose to sentence you as follows.  On Charge 1 of Attempted Carjacking,  you are convicted and sentenced to three years and two months imprisonment.  On Charge 2 of Common Law Assault, you are convicted and sentenced to two years and two months imprisonment.  On Charge 3 of Attempted Armed Robbery, you are convicted and sentenced to two years imprisonment.  On Charge 4 of Aggravated Carjacking, you are convicted and sentenced to four years and ten months imprisonment.  On Charge 5 of Common Law Assault, you are convicted and sentenced to two years imprisonment.  On Charge 6 of Theft, you are convicted and sentenced to three months imprisonment. 

93On summary Charge 8 of Drive whilst Suspended – sorry Drive whilst Disqualified, you are convicted and sentenced to four months imprisonment.  On summary Charge 10 of Tamper with motor vehicle, you are convicted and sentenced to seven days imprisonment.  On summary Charge 11 of Possess imitation firearm without Exemption, you are convicted and sentenced to ten months imprisonment.  On summary Charge 11 of Resist emergency worker on duty, you are convicted and sentenced to five months imprisonment.

Cumulation

94The base sentence will be the sentence on Charge 4 of four years and ten months imprisonment.  I make the following orders for cumulation, six months of Charge 1, three months of Charge 2, two months of Charge 3, two months of Charge 5, one month of Charge 8, two months of summary Charge 11 and one month of summary Charge 12 are to be served cumulatively upon each other and upon the base sentence.

Total Effective Sentence and Non Parole period

95The total effective sentence therefore is six years and three months imprisonment.  I direct that you are to serve a minimum period of three years and ten months imprisonment before becoming eligible for parole. 

96I declare that you have already served 520 days imprisonment and that that period should be reckoned as having been served under this sentence. 

97But for your plea of guilty, the total effective sentence I would have imposed would have been one of eight years imprisonment with a non-parole period of five years imprisonment.

98The prosecution make application for disposal of the imitation firearm.  That is not opposed and I will make that order. 

99I'll give counsel a moment just to check those figures if you would.  We're just checking the figures Mr Imrei.

100MS LJUBICIC:  They add up to me Your Honour.

101HER HONOUR:  Thanks very much.  Any other issues to raise Ms Ljubicic?

102MS LJUBICIC:  Not from my end of the Bar table.

103HER HONOUR:  No.  Just wait please Mr Imrei.  Any issues Ms Gorkem?

104MS GORKEM:  No.  No issues.

105HER HONOUR:  All right.  Thanks very much.  Thanks counsel for you assistance.  We'll now stand down.

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