Director of Public Prosecutions v Jamal

[2019] VCC 43

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

AT GEELONG
CRIMINAL JURISDICTION

CR 18-01449

DIRECTOR OF PUBLIC PROSECUTIONS

v

OMAR JAMAL

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JUDGE:	HIS HONOUR JUDGE MULLALY
WHERE HELD:	Geelong
DATE OF HEARING:
DATE OF SENTENCE:	30 January 2019
CASE MAY BE CITED AS:	DPP v Jamal
MEDIUM NEUTRAL CITATION:	[2019] VCC 43

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms N. Burnett
For the Accused	Ms S. Seoud

HIS HONOUR:

1Omar Jamal, you were born and raised in Lebanon.  In 2014, aged 22, you came to Australia to study.  You had some family in Sydney where you established yourself doing a business course and English.

2In January 2018, you came to Melbourne to seek further opportunities.  It seems shortly after arriving you were robbed and left with no money.  Hungry and in desperation you followed some odd advice to go to Gippsland, as it was thought you would be better able to access services to help you there.  That turned out to be forlorn.

3You had some bank cards, but they were without funds.  You tried to use them to get phone credit at a service station in Traralgon, the cards were declined.  You left and put together a rudimentary scheme.  What you did was, you put a towel down your shirt.  You attached a cable to your phone and you held another object, which turned out to be a knife sharpener.  You went back to the service station and told the lone attendant that what you had was a bomb, which you would detonate, unless you were given all the money.  You pretended to have a timer.  The attendant in terror backed away, saying the cash was all locked up.  You then ran away.

4You were arrested in a rooming facility.  You made admissions in a record of interview.  You have been on remand since, being now 11 months and 24 days.

5This attempt at armed robbery was frightening.  Those that work in these late-night service stations and the like must be reassured that the courts will deal sternly with offenders like you, who threaten them in order to get cash.  The victim impact statement in this case makes it clear just how deeply the victim was effected.

6The attempt at armed robbery did lack professionalism, was not gratuitously aggressive or violent and quickly came to an end.  What you did was out of character.  You have never been in any trouble with the law before.  You were in a desperate state and responded in a way you now regret.  I consider you are genuinely ashamed and remorseful.

7The report of Dr Cunningham indicates you have a fragile mental state.  I am sure your time in prison has been difficulty, as you have been isolated from family and friends.

8I am told your visa has been cancelled and you will be taken immediately from prison to immigration detention.  I was also told you have now sought a protection visa.  What comes of all that is for the federal immigration authorities.  However, the implications of that are that having applied for a sentence indication, in which your counsel sought a combined sentence of no more time, and a community corrections order, that is now not an option.  Your counsel's submission became that in all the circumstances a lenient sentence of time served was just and appropriate.

9The prosecution in a fair and practical response submitted that time served was very lenient, but within my sentencing discretion.  Gaol for a first offender is always a significant penalty.  However, a sentence of less than 12 months for this crime is lenient.  But in my view, the message of general deterrence and denunciation is not unduly undermined by such a sentence.

10The other sentencing purposes, or purpose, of rehabilitation will occur if you resume your lawful lifestyle.  If you are deported than you will have family support in Lebanon.

11Ultimately, your plea of guilty is of value, as you relieved the victim of reliving the trauma.

12For committing the crime of attempted armed robbery, I sentence you to
11 months and 24 days' gaol.  I, having been told that you have 11 months and 24 days on remand, this figure having been reckoned, I declare that 11 months and 24 days is part of the sentence that I have just imposed, in fact it is all of it.

13I will ensure this is entered into the records of the court, so the prison authorities understand that you have served every day of the sentence that I have just imposed.

14Unusually, I do not intend to fix any non-parole period, as in my view time served is all that justice requires.  Parole, to facilitate rehabilitation is not indicated in your personal circumstances, especially given the likelihood of deportation.

15Had you pleaded not guilty to these offences I would have imposed a sentence of three years, with a minimum of 18 months.

16Other orders required?

17MS BURNETT:  Yes, Your Honour, there's a forfeiture order and a disposal order.

18HIS HONOUR:  Yes, I'll sign those.

19MS BURNETT:  Thank you, Your Honour.

20HIS HONOUR:  Anything further required?

21MS BURNETT:  No, thank you, Your Honour.

22MS SEOUD:  No, Your Honour.

23HIS HONOUR:  Mr Jamal, you'll be taken downstairs.  What there happens is a matter for the prison and the immigration authorities.  Just remain.  Ms Bedeni, it may be that Ms Seoud here needs your assistance for a little longer downstairs.

24INTERPRETER:  Yes, Your Honour.

25HIS HONOUR:  So, if you wouldn't mind, I'd be grateful.  So, Mr Jamal can be taken downstairs and Ms Bedeni come out of the dock.  Thank you again,
Ms Bedeni, for your ‑ ‑ ‑

26INTERPRETER:  Your welcome, Your Honour.

27HIS HONOUR:  Coming down to Geelong and so on and so forth.  Thank you, Ms Burnett, so nothing further?

28MS BURNETT:  No, thank you, Your Honour.

29HIS HONOUR:  I'll stand down and we'll bring the next - well, actually, is there a prosecutor around?  Ms Burnett and Ms Seoud, we have to do it in our community by days.  It's three trial date days?

30MS BURNETT:  That's right, Your Honour.

31MS SEOUD:  Yes, Your Honour.  Sorry, took me a minute to register.

32HIS HONOUR:  I'll sign an order of that kind.  We got a prosecutor anywhere?  I'll just stand until the prosecutor comes in and we can work out which of the pleas is going first.

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