Director of Public Prosecutions v Joannides

[2024] VCC 1043

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-23-01513

DIRECTOR OF PUBLIC PROSECUTIONS

v

JESSE JOANNIDES

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JUDGE:	HIS HONOUR JUDGE GAMBLE
WHERE HELD:	Melbourne
DATE OF HEARING:	4 and 28 June 2024
DATE OF SENTENCE:	11 July 2024
CASE MAY BE CITED AS:	DPP v Joannides
MEDIUM NEUTRAL CITATION:	[2024] VCC 1043

REASONS FOR SENTENCE

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Subject:CRIMINAL LAW – Sentence.

Catchwords:              Attempted aggravated carjacking – Non-prohibited person possess imitation firearm without exemption – 18 year old offender acting in company with 15 year old co-offender – Nighttime offending at a shopping centre carpark – Soft target – Use of an imitation handgun and a knife to obtain keys to female victim’s vehicle – Unsuccessful attempt to start vehicle – Offenders fled on foot once confronted by a male bystander – Significant victim impact – Early plea – Some remorse – No criminal history.

Legislation Cited:      Crimes Act 1958, ss 79A, 321M; Control of Weapons Act 1990, s 5AB(1).

Cases Cited:House v The Queen [2021] VSCA 319; DPP v Campion [2021] VCC 1745.

Sentence:                  Combination sentence of 68 days’ imprisonment (equivalent to time already served on remand) followed by a 24 month Community Correction Order with conditions.

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APPEARANCES:	Counsel	Solicitors
For the Prosecution	Mx C. Rattray	Office of Public Prosecutions
For the Accused	Mr J. Kelly (Plea) Ms S. Lenarcic (Sentence)	Slink & Keating

HIS HONOUR:

Introduction

1Mr Joannides, you have pleaded guilty to one charge of attempted aggravated carjacking,[1] for which the maximum penalty is 20 years' imprisonment.

[1] Charge 1 in indictment P10697550, laid pursuant to ss 321M and 79A of the Crimes Act 1958 (Vic).

2You have also consented to this court hearing and pleaded guilty to a related summary offence of non-prohibited person possess imitation firearm without exemption or approval.[2] The maximum penalty for this offence is a fine of 240 penalty units or two years' imprisonment.

[2] Summary Charge 3 in Notice of Related Summary Offences dated 4 September 2023, contrary to s 5AB(1) of the Control of Weapons Act 1990 (Vic).

3You committed these offences on 17 March 2023, in company with a 15-year-old accomplice, who I will refer to using the pseudonym name, Nick Matthews.[3]

[3] This has been done to ensure there is no possibility of identification of that child.

4At the time of the offending, you were 18 years of age. You are now 19, having been born in January 2005.

Circumstances of the offending

5The circumstances in which you committed these offences are set out in the typed Summary of Prosecution Opening for Plea dated 12 March 2024,[4] which your counsel acknowledged could be treated as an agreed statement of facts for sentencing purposes. The basis on which you now fall to be sentenced was also discussed at the plea hearing. I have had regard to that opening and to those discussions when determining the appropriate sentence.

[4] Exhibit A.

6At about 8:20 pm on 17 March 2023, you and your co-offender boarded a bus in Doveton. You were wearing a black-hooded jumper with a 'Nike Air' motif, black pants and white and pink high-top shoes, while your co-offender was wearing a black-hooded jumper with a 'Supply' motif, black tracksuit pants, black runners with a '23' symbol and a black crossbody satchel bag.[5]

[5] The police obtained the relevant CCTV footage which depicted the offenders wearing such clothing.

7At around 8:37 pm, the two of you exited the bus at Fountain Gate Shopping Centre. After going inside and attending the Hungry Jacks store, you both returned to the southern carpark area at approximately 9:03 pm.

8Your victim, a 52-year-old lady named Martina O'Connor, had earlier parked her grey Lexus sedan in that carpark. At approximately 9:21 pm, she exited the shopping centre and returned to her parked vehicle with shopping bags. As she was placing those bags into her vehicle, you and your co-offender approached her. One of you then produced an imitation handgun and pushed it into her back and told her to hand over the keys to her car. In shock, she turned around and touched the handgun, which she later described as being made of plastic and shaped like a real gun. She then tried to run towards the shopping centre while screaming for help and alerting others to the fact that the two of you were trying to take her car.

9

One of you then moved in front of Ms O'Connor and repeated the demand for her to hand over her car keys. She then asked for her shopping and an inhaler to be removed from the car. One of you then pulled out a knife from his pants and said, 'I will stab you if you don't give me the keys'. Ms O'Connor later described the knife as having a black handle with a silver blade and being slightly larger than a kitchen knife. That offender then stowed the knife back in his pants. Then, as

Ms O'Connor was taking her car keys from her pocket, the offender armed with the knife snatched them from her grasp, causing the key fob required to start the vehicle to become detached.

10After placing the shopping bags on the ground, the two of you then got into the victim's vehicle and made an unsuccessful attempt to start it.

11Ms O'Connor's continuing screams for help resulted in several nearby witnesses coming over to assist her. One of them, a male, approached the vehicle and yelled at the two of you to get out. Both of you then exited the vehicle and fled the scene on foot.

12The conduct as just described forms the basis for the offence of attempted aggravated carjacking alleged in Charge 1 on the indictment.

13I note that the footage from the CCTV cameras located in the vicinity depicted the offenders approaching the location of the victim's parked vehicle,[6] the clothing they were wearing, and their escape on foot towards the bus bays and then down a nearby street.

[6] The vehicle itself could not be seen due to the view being obscured by a number of trees.

Victim impact

14Ms O'Connor's victim impact statement was made on 3 August 2023.[7] It provides a valuable insight into the serious and wide-ranging effects that this offending has had on her.

[7] Exhibit B.

15As she explains, she was terrified and in fear for her life during the incident. In the following weeks, she felt highly anxious and insecure and was unable to work for nine days. She continues to be regularly reminded of her ordeal by having to use her vehicle for work and attend the same location where the offending took place. Her self-confidence and trust in others has been badly affected. She is afraid to go anywhere after dark. She feels anxious whenever returning to her vehicle. In short, she believes this experience has changed her as a person and impacted her in ways that will forever alter the way she lives and works. Fortunately, she has gained some benefit from the counselling she has received to date and she intends to continue receiving such counselling for as long as needed.

Arrest, search and interview

16You were arrested by police at your family home on 31 March 2023. When police searched that address pursuant to a warrant, they located, inter alia, the following items:

·The black imitation handgun upon which the summary offence of possession of an imitation firearm by a non-prohibited person without exemption or approval is based;

·A sheathed machete;

·A black handled knife;

·A white Apple iPhone; and

·A black 'Supply' hooded jumper.

17

When interviewed, you told the police that it was your younger co-offender's idea to 'go and get cars' for fun. After arming yourselves with a plastic toy gun purchased from a $2 store and a jagged topped curved knife, the two of you travelled by bus to Fountain Gate Shopping Centre, where you began to look for cars. You claimed to have been mainly following your co-offender's lead. After approaching 'an old lady' who was putting shopping in her car, you produced the toy gun, put it to her back, and then said, 'give me the keys'. Your co-offender had the knife. The lady was startled. On your account, you did not hear your

co-offender threaten to stab the victim. After telling the victim that you were not going to hurt her, your accomplice obtained her car keys. After her shopping was removed, the two of you got into her car and made an unsuccessful attempt to start it. When a male approached and screamed 'hey', the two of you decamped on foot.

18Following the interview, you were charged and then remanded in custody where you remained for 68 days until being released on bail on 6 June 2023.

19I note that the offenders clothing as depicted in the CCTV footage from the scene was similar to that seized by police under warrant.

Charge and interview of co-accused

20

When your younger co-offender was arrested for unrelated matters on 27 March 2023, a search of his mobile phone located a video taken on 17 March 2023. It depicted you and he wearing the same clothing that you can be seen wearing in the relevant CCTV footage relating to this incident. Further videos taken on

18 March 2023, showed him with a black-handled knife tucked into his pants and you with a black handgun tucked into your pants, which you then removed and pointed at the camera.

21When your co-offender was arrested and interviewed in relation to this attempted aggravated carjacking incident on 31 March 2023, he told police that he and a mate (who he did not want to identify) went to Fountain Gate Shopping Centre by bus to buy clothes. He claimed that his mate was desperate to obtain a car and was armed with both a knife and a real looking toy plastic gun. After purchasing a drink at Hungry Jacks, they looked at cars. He told his mate that he was tired and wanted to go home but his mate saw an old lady and took her keys while he stood 10 metres away not knowing what to do. The mate obtained the keys after threatening the victim with something. As the victim was screaming, they got into the vehicle and his mate tried to start the car but could not get it started. When a man approached and opened the car door, he and his mate ran away.

22I mention those matters only for the sake of completeness. I certainly do not accept, let alone act on, the untested assertions made by your co-offender in relation to your dominant role and his own very limited involvement. The objective evidence and available inferences would strongly suggest that each of you were armed and acting together pursuant to a pre-arranged plan. In all the circumstances, I consider that each of you were as involved as the other.

Pre-sentence detention

23I note that there is a total of 68 days pre-sentence detention, which will be made the subject of a formal declaration later in these sentencing reasons.

Plea

24I also note that you pleaded guilty at an early stage of these proceedings, at the second committal mention hearing held on 29 August 2023. That was some two months or so before the Chief Judge of this court announced that the County Court's COVID-19 related trial backlog had been cleared. A modest Worboyes discount should therefore be given to reflect the increased utilitarian value of your plea.

25By pleading guilty as and when you did, you demonstrated a preparedness to facilitate the course of justice, saved the community the cost and time of a trial and, most importantly, spared the victim from the ordeal of giving evidence.

26You are therefore entitled to and will receive a commensurate sentencing discount to reflect all of those matters.

Remorse

27I am prepared to accept that you have some but not a fully developed sense of remorse for what you did. In this context, I note that you sought to put most of the blame on your younger co-offender when interviewed by police, and you also attempted to blame him when being assessed regarding your suitability for a community correction order.[8]

[8] See CCO Assessment Outcome Report dated 4 June 2024, at page 2.2.

No criminal history

28I note that you have no prior or subsequent criminal history and therefore fall to be sentenced as a young first time offender.

Personal circumstances

29There has only been relatively sparse material provided in relation to your personal circumstances, Mr Joannides.

30In his written submissions, your counsel indicated that you come from a deprived background and have had significant involvement with the Child Protection system.

31You currently reside with your mother and stepfather, Jason Holdsworth. They have continued to support you and attended your plea hearing.

32You have been in a relationship with your current girlfriend for about six months or so.

33As explained by the author of the most recent Supervised Bail Progress Report dated 24 June 2024,[9] you are currently enrolled at Hester Hornbrook Academy, supported by a youth worker, and linked in with some services while also being offered the support of other services should you choose to avail yourself of that assistance. Whilst your performance on Youth Justice Supervised Bail has been somewhat patchy, your counsel submitted that has been due to your age and immaturity as evidenced by your lack of insight and motivation. However, there is still a significant community interest in fostering your rehabilitation and those prospects would, submitted your counsel, be improved in the event that you were able to access mental health and drug dependency support.

[9] Exhibit 7.

34The observations made by the registered nurse who assessed you in respect to the proposed mental health condition of any community correction order are of obvious relevance to the likely impact of any custodial sentence on you. Those observations are set out in the MHARS Report of Gregory Lane dated 4 June 2024.

35According to Mr Lane, you have a self-reported and documented history of PTSD, ADHD, depression, anxiety and suicidal ideation with plan. During the assessment, you presented as calm and relatively stable in your mental health. However, you have only partial insight and judgement into your mental health. You appear younger than your stated age and present as naïve, emotionally immature and vulnerable.

36In the assessor's opinion, you would benefit from being assessed and treated by an Adult ADHD specialist psychiatrist and a trauma informed psychologist experienced in working with young men.

Matters in mitigation

37Your counsel was able to rely on a number of matters in mitigation, Mr Joannides.

38You are entitled to a significant sentencing discount for having pleaded guilty at an early stage.

39You have some remorse in respect of your offending.

40You have the support of your family and from a number of organisations within the community.

41According to your counsel, you have some educational and employment history.

42You are a young, first time offender, who has what I consider to be reasonable prospects of rehabilitation. This court should allow for some improvement in those prospects as you continue to mature.

43For various reasons, you would find the experience of serving any further time in custody a very difficult one. In all likelihood, you would be targeted by other more experienced prisoners.

Gravity of the offending

44Of course, matters personal to you are not the only matters to which this court must have regard when determining the appropriate sentence, Mr Joannides.

45It is also important for this court to have regard to the gravity of the offending in which you engaged. In particular, the offence of attempted aggravated carjacking must be viewed as inherently serious given the high maximum penalty that applies.

46I regard that offence as a relatively serious example of its type. Whilst the incident was not prolonged and did not involve the use of any physical violence, it was planned, committed in company, directed at a soft target and included the use of two weapons with an accompanying verbal threat. It was a very frightening and traumatic experience for the victim at the time and, unsurprisingly, it continues to affect her.

47The conduct engaged in by you and your co-offender was persistent and this offence was an attempt only because of the detachment of the key fob and the intervention of a concerned bystander.

48I also note that you have indicated that you were under the influence of cannabis at the time you committed this offence of attempted aggravated carjacking.[10]

[10] For example, see MHARS Report dated 4 June 2024, at page 2.7.

49Ultimately, I consider there is no real basis to differentiate between you and your co-offender based on your roles. In my view, each of you played an equally important role in attempting to carry out a pre-arranged plan to employ weapons to obtain a vehicle. Based on the available evidence, which includes your admission to police that you used an imitation firearm and the videos found on your co-offender's phone showing you with a similar looking weapon and he with a knife, I have no doubt that you were the offender armed with an imitation firearm and your younger accomplice, Nick Matthews, was the offender armed with a knife.

50In my view, the related summary offence of non-prohibited person possess imitation firearm without exemption or approval, is to be viewed as neither a serious nor a minor example of this type of offence. Whilst the item was made of plastic, it had the appearance of being a real handgun. Given your young ages and the nature of the videos on your co-offender's phone, there appears to be an element of immature bravado to your respective possessions of the firearm and the knife.

51Care must be taken when sentencing you for the related summary offence involving your possession of an imitation firearm as it seems clear that the subject imitation firearm found at your home on 31 March 2023 was the very same weapon that was used by you in the commission of the offence of attempted aggravated carjacking two weeks earlier on 17 March 2023. Whilst the elements of the two offences are not identical, there is some overlap and the possession of that weapon is a key component of each offence. Accordingly, this court must guard against the risk of double punishment when determining the appropriate sentence in this case.

Sentencing statistics and comparable cases

52I have had regard to the Sentencing Advisory Council statistics for the offence of attempted aggravated carjacking for the period 1 July 2017 to 30 June 2022. Most offenders received a term of imprisonment. The median sentence was two years. Of course, such statistics are of only limited assistance.

53The prosecution referred me to the case of House v The Queen,[11] in support of their submission that the offence of attempted aggravated carjacking is to be treated as a serious offence. I accept that is so but of course each case must be considered in the context of its own unique set of circumstances. Individualised justice is what is called for.

[11] [2021] VSC 319.

54For their part, the defence referred the court to the comparable case of DPP v Campion.[12] Whilst there are some differences between that case and this, it did involve a 19-year-old vulnerable offender with a limited criminal history who pleaded guilty to the very same two types of offences. He received a combination sentence of 95 days' imprisonment (time already served on remand) with a three year community correction order with conditions.

[12] [2021] VCC 1745.

Sentencing principles

55Clearly, general deterrence and denunciation are relatively important sentencing principles in this case.

56Specific deterrence and community protection are relevant, but of less weight. Whilst this offending is serious and troubling, you have no prior or subsequent offending. Furthermore, I accept that the time you spent on remand has already achieved some level of personal deterrence and that you are anxious about the prospect of going back to gaol.

57Your youth and prospects are a principal consideration for this court. But, given the nature and seriousness of your offending, your age and rehabilitation cannot be permitted to swamp or overwhelm other sentencing considerations. Whilst I harbour similar concerns to some of those expressed by the assessing officer who interviewed you on 4 June 2024,[13] and about your continuing albeit reduced use of cannabis, I have nonetheless concluded that your prospects of rehabilitation are at least reasonable.

[13] Ms Poutapu not Mr Lane.

58The totality principle must also be considered as these two offences were committed within a short time and are to be viewed as closely linked.

59Neither party sought to rely on the principle of parity to urge a particular course in this case. That is understandable given the differences in the personal circumstances of the two offenders. Of particular significance is the co-offender's younger age and the fact that he was dealt with in the Children's Court jurisdiction, albeit for a completed offence rather than an attempt.[14]

[14] The co-offender was ultimately dealt with by way of a court diversion.

60Ultimately, this court is required to sentence Mr Joannides in a manner and to an extent that is just in all the circumstances.

Sentencing submissions

61In the course of his thorough and well prepared written and oral submissions, your counsel urged the court to impose a combination sentence, with the custodial portion of that sentence limited to the time you have already spent on remand.

62In the event that this court concluded that more time in custody was warranted, your counsel submitted that it would be in your best interests, as well as those of the community, to keep any further time to the minimum.

63For their part, the prosecution acknowledged that a combination sentence was within the available range of sentences in the particular circumstances of this case, but were silent as to whether the custodial component of any such sentence ought to involve any additional time in custody.

Analysis

64In order to assist its consideration of the appropriateness of a combination sentence for this offending, this court arranged for you to be assessed as to your suitability for a community correction order. 

65You were assessed immediately following the plea hearing and found suitable, although the assessing officer held concerns about your minimal insight, poor attitudes and avoidance. That officer recommended a number of special conditions, including but not limited to unpaid community work, supervision, treatment and rehabilitation for drugs and mental health, and judicial monitoring.

66I have ultimately taken the view that it is open to this court to sentence you to a combination sentence involving a period of imprisonment followed by a community correction order.

67The more difficult question to determine was whether the custodial component should exceed the 68 days you spent on remand before being bailed.

68If the court were to take that course, it would mean that you would have to go back into custody for a further period during which you would be deprived of the assistance you have been receiving via Youth Justice Supervised Bail and any assistance provided via the proposed community correction order would be delayed until your release from custody. And, given your very limited experience with the custodial environment to date, following that course and subjecting you to the polluting atmosphere of a prison at this time would risk undermining any progress that you have made whilst on bail and likely increase the chances of you reoffending. To my mind, taking such a course would not be in your best interests or those of the community which, after all, has an important interest in offenders, particularly young offenders, being rehabilitated.

Sentence

69Mr Joannides, after having carefully considered, balanced and weighed the relevant sentencing considerations in your case as best I can, I have decided to sentence you as follows, providing that you consent.

70In respect of both charges, you will be convicted and sentenced to an aggregate sentence of 68 days' imprisonment in combination with a 24 month community correction order, which will have the following core conditions:

·You must report to the offices of Moorabbin Community Correctional Services within two clear working days after the commencement of this order;

·You must not commit any offence punishable by imprisonment while the order is in force;

·You must comply with any obligation or requirement prescribed by the relevant regulations;

·You must report to and receive visits from the Secretary;

·You must notify a Community Corrections Officer of any change of address or employment within two clear working days of the change;

·You must not leave Victoria except with the permission of the Secretary; and

·You must comply with any direction given by the Secretary that is necessary to ensure that you comply with the order;

71In addition to those core conditions, the order will have the following conditions:

·You must perform 200 hours of unpaid community work, as directed;

·You must be under the supervision of a Community Corrections Officer for a period of 24 months, as directed;

·You must undergo assessment and treatment (including testing) for drug abuse or dependency, as directed;

·You must undergo any mental health assessment and treatment, that may include psychological, neuropsychological, psychiatric or treatment in a hospital or residential facility, as directed;

·You must participate in programs and/or courses that address factors relating to the offending, as directed;

·You must re-appear at court for a review of your compliance with this order, as directed, with the first such review to be conducted in this court on 14 October 2024 at 1:15 pm; and

·50 hours of treatment and rehabilitation satisfactorily undertaken by you are to be treated as hours of unpaid community work for the purposes of the unpaid community work condition.

72As you know, Mr Joannides, one of the core conditions requires you not to commit any further offences during the period of the order. If you reoffend at any stage during the next 24 months and/or fail to comply with any one or more of the other conditions, you could be charged with breaching this order, an offence which carries a maximum penalty of three months' imprisonment. Not only could you be sentenced for that offence, but you could also be sentenced afresh for the two offences for which you will be placed on this community correction order today. If that were to happen, you could receive a more severe sentence and even be sent to gaol. Please stand up Mr Joannides, in front of that microphone.  Do you understand all of what I have just told you, Mr Joannides?

73OFFENDER: I heard a lot of words. I kinda freaked out at when you said gaol time and I'm (indistinct words).

74HIS HONOUR: You are not going to gaol today. All right. 

75VOICE (from body of court): He's very tired, he's been up all night.

76HIS HONOUR: All right, now just take a seat. No, okay. I'm going to leave the Bench for a short time. You may speak to your client and explain things to the extent that may be required at this stage. 

77MS LENARCIC: Yes, Your Honour.

78HIS HONOUR: Just let my associate know when we're ready to resume.  Mr Joannides will need to remain in the dock, thank you. Ms Lenarcic, I think in those circumstances what I will also do is to provide the parties with a copy of the proposed community correction order which is part of the combination sentence  - - -

79MS LENARCIC: Yes, Your Honour.

80HIS HONOUR: - - - for checking but also to enable you to take your client through that and explain it to the extent that is needed, if it is needed.

81MS LENARCIC: Certainly, Your Honour.

82HIS HONOUR: And to reassure him that that is what I propose to do.

83MS LENARCIC: Yes, Your Honour.

84HIS HONOUR: He won't be going to gaol today. Providing he complies with the order, he won't have any future problems.

85MS LENARCIC: Yes, Your Honour. (Indistinct words) explain to Mr Joannides.

86(Short adjournment.)

87HIS HONOUR: Yes, we're ready to proceed now, Ms Lenarcic?

88MS LENARCIC: Ready to proceed, yes Your Honour, thank you for that time.

89HIS HONOUR: Yes, all right, thank you. Please stand up, Mr Joannides.

90Mr Joannides, based on what you have heard me say and your counsel explain a short time ago, do you understand the conditions of the proposed community correction order?

91OFFENDER: Yes, Your Honour.

92HIS HONOUR: Are you prepared to consent, that is agree, to being placed on this order today and to follow all of its conditions?

93OFFENDER: Yes, Your Honour.

94HIS HONOUR: Very well. Let me just explain again for you what might be the consequences if you were to breach the order. I am not suggesting you are going to, but you need to understand this before you sign the order, all right. Just say 'yes' rather than nod.

95OFFENDER:  Yes.

96HIS HONOUR: Yes, all right. If you reoffend at any stage during the next 24 months and/or fail to comply with any one or more of the other conditions of the order, you could be charged with breaching this order, an offence which carries a maximum penalty of three months' imprisonment. Not only could you be sentenced for that offence but you could also be sentenced afresh for the two offences for which you will be placed on this community corrections order today. If that were to happen, you could receive a more severe sentence and even be sent to prison.

97Do you understand that they are the potential consequences if you were to breach the community correction order?

98OFFENDER: Yes, Your Honour.

99HIS HONOUR: Very well, Mr Joannides. 

100You will now be asked to formally acknowledge that consent by signing the order. My associate together with your counsel will approach the dock to assist you.  Again, Ms Lenarcic, if you need to explain anything to your client before he signs it, you may do so.

101MS LENARCIC: Thank you, Your Honour.

102(Order signed by the offender).

103Is that your signature on the order, Mr Joannides?

104OFFENDER: Yes, Your Honour.

105HIS HONOUR: Very well. I have also signed the order and it is now in force.

106You and your counsel and the prosecution will be provided with a copy of the order before you leave court today, Mr Joannides.

Pre-sentence detention

107Pursuant to s 18 of the Sentencing Act 1991 (‘the Act’), I declare that you have served a total of 68 days pre-sentence detention and that such period is to be reckoned as already served under this sentence. I further order that the declaration and its details be entered in the court records.

Section 6AAA indication

108Pursuant to s 6AAA of the Act, I indicate that had you not pleaded guilty to these two charges, I would have sentenced you to a total effective sentence of two and a half years’ imprisonment with a non-parole period of 20 months. You are not receiving that sentence today but if you had pleaded not guilty, that is what you would have got. So, you received a significant discount in any sentence by having pleaded guilty. Do you understand that, Mr Joannides?

109OFFENDER: Yes.

110HIS HONOUR: Yes.

111OFFENDER: Thank you, Your Honour.

Ancillary orders

112HIS HONOUR: Pursuant to s 89(4) of the Act, this court must make an order in relation to your licence in respect of Charge 1, although the period to be fixed is discretionary. In determining that period, I have had regard to the degree of additional punishment that it represents and to the relevance of any driver’s licence to your ability to rehabilitate. I consider the period fixed to be the minimum that is appropriate in all the circumstances. I therefore order that any driving licences or permits held by you are cancelled and that you are disqualified from obtaining any further licences or permits for a period of 12 months, effective from today’s date.

113I grant the disposal order in the terms sought by the prosecution, pursuant to s 78(1) of the Confiscation Act 1997.

Other matters

114Are there any matters that counsel need to raise at this stage in relation to either the sentence or the sentencing reasons, starting with you, Ms Lenarcic.

115MS LENARCIC: Nothing from me, Your Honour.

116MX RATTRAY: Nothing from the prosecution, Your Honour.

117HIS HONOUR: Thank you counsel.

118Mr Joannides, you may now come out of the dock and stand next to your counsel at the Bar table, near the microphone.

119MR JOANNIDES: Thank you, Your Honour.

120HIS HONOUR: Before I adjourn the court, I just want to say a few things to you, Mr Joannides, so please listen carefully.

121You must understand that this type of offending is serious and often results in an offender being sent to gaol. You have been spared that fate on this occasion, largely because of your young age and lack of any other criminal history. Please don’t waste this opportunity because you will not be treated with the same degree of leniency in the event that you re-offend or, in some other way breach this community correction order. One of the purposes of this order is to provide you with the assistance and supervision that you clearly need so that you will be better placed to stay out of any future trouble with the law.

122But whether that turns out to be the case will largely depend on what you make of this opportunity. If you embrace it by doing all that is required of you under this order, then you will be well placed to move on with your life. However, if you don’t give it your full attention and priority, you will likely face breach proceedings and a more severe punishment than the one you have received today.

123And don’t forget that I will be monitoring your progress on this order by means of the judicial monitoring hearings that will be heard in this court every three months or so, commencing on 14 October this year. Before each hearing, I will receive a report on how you have been going on the order and so I will know if you are treating your obligations under this order seriously.

124Do you understand what I have just said, Mr Joannides?

125OFFENDER:  Yes, Your Honour.

126HIS HONOUR: Very well. I look forward to seeing you back here in this court on 14 October 2024 at 1.15 pm, Mr Joannides.

127Adjourn the court please Mr Tipstaff.

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