Director of Public Prosecutions v Jankovski

[2025] VCC 1036

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR -25-00576

DIRECTOR OF PUBLIC PROSECUTIONS

V

NIKOLIE JANKOVSKI

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JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:	18 July 2025
DATE OF SENTENCE:	23 July 2025
CASE MAY BE CITED AS:	DPP v Jankovski
MEDIUM NEUTRAL CITATION:	[2025] VCC 1036

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW

Catchwords:             False imprisonment, cause injury recklessly, threat to inflict serious injury possession of a drug of dependence,  theft of a motor vehicle and unlawful assault.

Legislation Cited:

Cases Cited:            Worbyes v R [2021] VSCA 169; Bugmy v R [2013] 249 CLR 571.

Sentence:                 Total effective sentence of 2 years and 6 months imprisonment. Non-parole period of 6 months.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms H. Devanny	OPP
For the Accused	Ms J. McGarvie	Giorgianni & Liang Lawyers

HER HONOUR: 

1Nikolie Jankovski, you have pleaded guilty to the following offences with the maximum penalties as noted:  false imprisonment, 10 years; causing injury recklessly, five years; threat to inflict serious injury, five years; possession of drug of dependence where it was conceded your possession was unrelated to trafficking, the maximum penalty one year or 30 penalty units; theft of motor vehicle, 10 years; and I am also required to disqualify you for your licence.

2You have also agreed to have dealt with by me and pleaded guilty to the related summary offence of unlawful assault which has a penalty of three months or 15 penalty units.

Circumstances of the offending

3The circumstances of your offending are set out in the summary of prosecution opening for plea dated 15 July 2025, Exhibit A.

4You were 38 and in a relationship with Monique Frederico-Willis, who was aged 22.  You were living at a property in Mickleham and had known Ms Frederico-Willis for about four or five years.  She had been staying at your home for about a week. 

5At about midday on 19 October 2024, you demanded that Ms Frederico-Willis pay you for a locksmith who had reprogrammed a key to your car.  CCTV later recovered from your home revealed her pleading with you that she would come up with the money and you swearing at and abusing her.  You threatened to run her over with your car - Charge 3, threat to inflict serious injury.

6She ran across the street to an address close by.  You drove her car into the driveway of that house and got out of the car.  A short time later you returned to her car and drove away in an extremely fast and erratic manner.  You returned soon thereafter and continued to yell abuse at Ms Frederico-Willis.  You got out of the car and assaulted her by punching her to the face, pulling her to the ground by her hair and kicking her to the upper body - Charge 2, recklessly cause injury.

7She ran over to a random car on the street and tried to open various doors to escape from you, as you were chasing her.  You pulled her to the ground by her hair, stood over her and began to verbally abuse her.  She returned to her car and sat in the passenger side.  You then drove towards the car of Jason Quigley, a witness to the assault, before intentionally colliding with Mr Quigley's car, causing minimal damage.  You began to abuse Mr Quigley before leaning out of your window and opening Mr Quigley's driver's side door.  Mr Quigley was able to force his door shut and you drove away.  Mr Quigley's partner who was also in the car called the police.  During this incident you were heard to threaten and abuse Ms Frederico-Willis.  For the next 45 minutes you drove at speed towards Thomastown.  Whilst driving you continued to assault Ms Frederico-Willis as well as threaten her and demand money from her.  That is Charge 1, false imprisonment, and the related summary offence.

8At 1.17 pm you drove into a carpark in Thomastown.  Ms Frederico-Willis told you she needed to urinate.  You abused her and told her to do it in the car.  As she pretended to do so she opened the front and rear doors of the car.  She picked up a hammer that was in the car and ran off.  You pursued her in the car.  You immediately reversed the car with the doors still open and started to drive after her.  She ran into the foyer of a nearby business pleading for help, and police were called.  You drove away in her car.  That is Charge 5, theft of the motor car.

9As a result of this incident, Ms Frederico-Willis sustained a split bleeding lip and a lump to her forehead.  Although paramedics advised her to attend hospital, she refused. 

10When police attended your home on 20 October 2024, you fled over the fence, though you were found in a backyard several houses away and arrested.

11When interviewed you denied the offending and you were remanded in custody.

12On searching your home police located a glass vial containing 1,4-Butanediol.  That is Charge 4, possession of a drug of dependence.

Victim Impact Statement

13No victim impact statement was provided.  However, it is clear from the description of the incident that both Ms Frederico-Willis and other members of the public who witnessed or were involved would have been scared and concerned about your behaviour towards Ms Frederico-Willis.  Clearly, she was terrified when she managed to get away from you and ran into a business for help.

Personal circumstances

14As to your personal circumstances, in addition to written submissions filed on your behalf, I was provided with a report from Warren Simmons, psychologist, dated 24 January 2025, Exhibit 1; bundle of certificates, Exhibit 2; and medical discharge summary dated 18 October 2023, Exhibit 3.  I was also provided with a copy of my reasons for sentence that I imposed on you on 12 September 2019.

15You are currently aged 39 and were raised in Lalor and Thomastown with your older sister, who is now deceased, and your younger brother.

16Your sister was diagnosed with cardiomyopathy at a young age and underwent heart surgery.  Her premature death was related to that condition.  Your parents were preoccupied with your sister's poor health, and you and your brother were often required to stay with family or friends.

17You experienced a disruptive and abusive childhood at the hands of your father who was both physically and emotionally abusive.  Additionally, you reported to Mr Simmons that you were subjected to sexual abuse by a teacher when you were aged about nine.  Despite encouragement from your sister, you did not reveal this to anyone given your level of shame and embarrassment.

18You describe being well fed and clothed growing up, though you had limited social interaction with peers outside school.

19Your father required you to leave home at 15, even though there did not appear to be any reason or triggering event to make that request.  You went to live with your grandmother.

20Your parents divorced 2010 and you have not had contact with your father for 15 years.  Your mother remains supportive of you, and I understand that you were living with her at the time of this offending.  You have regular contact with her in custody.

21You completed Year 10 at Thomastown Secondary College, then went on to complete a motor mechanic apprenticeship.

22You have a limited employment history given the issues you have experienced over your life with drugs. 

23You have no children and were in a long-term relationship for a period of about 14 years.  After you were released from custody in 2018 that relationship broke down.  This coincided with your sister's death.  Your ex-partner was the subject of your offending that was dealt with by me in September 2019.  You had been in a relationship with Ms Frederico-Willis for about three months when this offending occurred.

Prior history

24You have a significant drug history.  You were introduced to methamphetamine at 19 and have had a long-standing addiction since then.  You indicated the only times that you have been abstinent is when you have been incarcerated.

25In around 2018 you were stabbed in the neck whilst out with friends in an unprovoked attack.  The perpetrator has never been apprehended. 

26As to your mental health, in 2011 you were diagnosed with anxiety and depression whilst you were in custody and prescribed Avanza.  You have been on various antidepressants over the years, though I understand that you have ceased taking medication because of your concern regarding side-effects.

27You presented to Mr Simmons with sleep difficulties and nightmares in respect of traumatic incidents in your life.  You are easily distracted, have poor memory and concentration.  Mr Simmons opined that you have symptoms of PTSD linked to your abusive childhood and the knife attack in 2018.

28As to your physical health, you were diagnosed in 2018 with cardiomyopathy, then heart failure in 2023.  You have been prescribed medication for these conditions.  You reported that you have experienced ongoing problems with fainting and episodes of very low blood pressure.  You were informed that your heart functions at approximately 30 per cent, and you indicated that you have been treated by cardiologist since 2023 at Royal Melbourne Hospital.  Since you have been in custody you have spent days in Geelong Hospital for heart-related issues.

29I accept you suffer from a heart condition, though the medical material was scant regarding its severity and impact it has on you.

30You have a long history of offending.  You were first sentenced to a term of imprisonment in 2009, having previously received suspended sentences.  You do have some relevant priors.  On 2 September 2009 you were convicted in the County Court of two counts of common law assault and two counts of false imprisonment and sentenced to a total of five months' imprisonment.

31Between October 2009 and October 2014, you spent significant periods of time in custody for dishonesty, drug and driving offences.

32In September 2019 you were before me in the County Court for recklessly causing injury, reckless conduct endangering serious injury, two counts of threat to inflict serious injury, make a threat to kill, possess methamphetamine and persistent contravention of family violence order.  You were sentenced to 12 months' imprisonment and a two-year community correction order.

33That offending was very similar to this.  You assaulted and threatened your ex-partner, including whilst driving, in incidents that occurred in December 2013 and February 2014.  Then in 2018 you sent threatening messages to her and her partner.  You breached the family violence order she had taken out for her protection.  I note that some of this offending occurred whilst you were on parole.

34You were again before the court in May 2020 for dishonesty and driving offences and sentenced to six months' imprisonment, and in November 2011 for similar dishonesty offending and sentenced to 12 months' imprisonment.  I think that must be 2021.

35Your most recent prior was for driving offences in February 2024 where you were fined.

36You experienced a difficult and disadvantaged childhood as a consequence of your father's physical and verbal abusive behaviour and an incident at school.  Further, you were required to move out of home at a relatively young age and soon became embroiled in drug use. 

37Relying on Bugmy it was submitted your moral culpability for this offending should not be equated with that of a person who committed the same offences but had had the advantage of a normal, stable and regular home environment during their childhood years.

38I accept that submission to a certain degree, that your upbringing has contributed to your drug use and impacted your functioning, and I take that into account.

39Given your heart condition and the impact that is has on you, I accept your time in custody will be more burdensome than that of a healthy prisoner.  I note that your condition was previously noted when you were incarcerated in 2021.  It is not suggested you are unable to receive treatment in custody, though I accept it may not be as at the optimal level as it would be in the community.

40You have used your time in custody productively.  You are working as a cleaner and have completed a number of courses and programs.  You are addressing your drug issues, receiving a monthly Buprenorphine injection.  I was informed that you are currently being considered for the position as a peer within the prison, regarded as a privilege.

Plea of guilty

41You pleaded guilty to the offences at committal or at an early stage prior to any cross-examination of witnesses, including Ms Frederico-Willis.  Your early plea has a significant utilitarian benefit, it demonstrates your acceptance of responsibility and your willingness to facilitate the course of justice.

42As to the circumstances and gravity of the offending, this offending was serious.  It was reasonably protracted and involved family violence.  It was witnessed by members of the public.  The assaults occurred in a public street and then continued whilst you were travelling in the car where Ms Frederico-Willis was being held against her will.  The episode was terrifying for Ms Frederico-Willis who had to flee into a business for help and her safety.  I accept the injuries sustained by Ms Frederico-Willis were relatively minor.

Rehabilitation prospects

43As to your rehabilitation prospects, your counsel conceded that your prospects were guarded but that there were some factors that augured well for your rehabilitation, including your early plea of guilty and acceptance of responsibility, that you have used your time in custody well completing courses and programs, you have shown some insight into the need for drug treatment, evidenced by your comments made to Mr Simmons, and you have the continued support from your mother.

44Given your extensive prior history, I have little confidence in your ability to remain out of trouble.  Specific deterrence has a significant role to play.

Sentencing submissions

45Your counsel conceded a term of imprisonment was within range but submitted a combined sentence of imprisonment and a CCO would achieve all sentencing purposes and could involve offence-specific programs.  It was submitted that you have shown that you can comply with conditions on a CCO, that your previous attempt had a level of compliance and the steps taken in custody towards your rehabilitation could be continued.

46I note, however, that the CCO I imposed in 2019 was breached and that that offending had occurred whilst you were previously on parole.

47Alternatively, it was submitted a sentence involving a head sentence and non-parole period, moderated given the above mitigating factors to allow for an extended period of time on parole, was appropriate.

48The prosecution submitted the only appropriate disposition was a head sentence and non-parole period.

49This offending involved significant domestic violence, control over your female partner, and anger, abuse and of threats directed towards her and other members of the public.  It would not be tolerated.

50General deterrence, denunciation, community protection and just punishment are all important sentencing considerations, as is specific deterrence having regard to your history.  These must be balanced against matters in mitigation, including your plea of guilty, your health condition and the beginning steps that you have taken to address your long-standing drug use.

51If you could please stand.

52In respect of Charge 1, making a threat to inflict serious injury, you are convicted and sentenced to a term of imprisonment of six months.

53In respect of Charge 2, causing injury recklessly, you are convicted and sentenced to a term of imprisonment of six months.

54In respect of Charge 3, false imprisonment, you are convicted and sentenced to a term of imprisonment of two years.

55In respect of Charge 4, theft of a car, you are convicted and sentenced to a term of imprisonment of six months.

56In respect of Charge 5, possession of a drug of dependence, you are convicted and sentenced to a term of imprisonment of seven days.

57And in respect of the related summary offence, you are convicted and sentenced to a term of imprisonment of 14 days.

58Two months of the sentence imposed on Charge 1, two months of the sentence imposed on Charge 2 and two months of the sentence imposed on Charge 4 will be cumulative to the base sentence of two years, giving a total effective sentence of two years and six months.  And I set a non-parole period of 18 months.

59Pursuant to s6AAA of the Sentencing Act, if you had not pleaded guilty to this matter I would have imposed a sentence of four years with a non-parole period of two years.  Pre-sentence detention please.

60MS McGARVIE:  276 days, Your Honour.

61HER HONOUR:  I declare PSD of 276 days.  In respect of Charge 4, you are disqualified from obtaining a licence for a period of two years.  Is there anything else.

62MS McGARVIE:  The disposal order, Your Honour ‑ ‑ ‑ 

63HER HONOUR:  Yes, that was made by consent, the order that's been filed.  I'll make that order.

64MS McGARVIE:  As Your Honour pleases.

65COUNSEL:  As Your Honour pleases.

66HER HONOUR:  Thank you.

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