Director of Public Prosecutions v Kawac

[2025] VCC 1342

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 25-00717

DIRECTOR OF PUBLIC PROSECUTIONS

v

ANGELO KAWAC

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JUDGE:	HER HONOUR JUDGE ELLIS
WHERE HELD:	Melbourne
DATE OF HEARING:	5 September 2025
DATE OF SENTENCE:	15 September 2025
CASE MAY BE CITED AS:	DPP v Kawac
MEDIUM NEUTRAL CITATION:	[2025] VCC 1342

REASONS FOR SENTENCE

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Subject: CRIMINAL SENTENCE

Catchwords: Armed Robbery

Legislation Cited: Crimes Act (Vic) 1958; Sentencing Act (Vic) 1991.

Cases Cited: Bugmy v The Queen [2013] HCA 37.

Sentence: 10 months imprisonment and Community Corrections Order of 18 months duration.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr G. Kominakis	Skye Chapman
For the Accused	Mr J. Bourke	Gregory Martin

HER HONOUR: 

1Angelo Kawac, you have pleaded guilty to one charge of armed robbery contrary to s77 of the Crimes Act (Vic) 1958 which carries a maximum penalty of 25 years' imprisonment.

2The circumstances of your offending are set out in the Summary of Prosecution Opening dated 25 August 2025.  At the time of the offending, you were 31 years old.

3On 25 January 2025 at about 12.10 pm, you, in company with three associates approached Dan Murphy's in Frankston via the carpark.  An employee, Mr Venepanusa, heard a young woman scream outside the store, having been requested to leave by a security officer for failing to produce ID upon request.

4As Mr Venepanusa came to the front of the store, he noticed you approach the entry and asked for your ID.  However, you continued to walk in.  You then lifted your top, revealed what appeared to be a knife tucked into your waistband, it was later identified as an orange handled hacksaw.  Mr Venepanusa immediately reported to the Assistance Manager that you had a knife down your pants and staff called Triple 0.  You then selected a bottle of Grey Goose Vodka and a bottle of El Jimador Tequila and left without paying.  The value of the goods was $201.

5CCTV depicted you cross the carpark with a group of people and hand the handsaw to a female associate.  Police arrived shortly thereafter and at 1.38 pm, you were observed by police approximately 80 metres from the Dan Murphy's.  You and your associate were then pursued by police on foot through the nearby malls and laneways, where the female discarded the handsaw.  The two of you were arrested and conveyed to Frankston police.  The female, aged 13, was later released.

6When interviewed by police you admitted stealing the alcohol and possessing the handsaw, after leaving.  You denied producing the handsaw inside the store.  You disputed that entering a store with a handsaw down your pants could be considered preparation for a robbery.  You were remanded in custody and have now spent 233 days on remand.

7You entered a plea of guilty at a committal mention, it is therefore an early plea of guilty.  You come before the court with a relevant prior criminal history; these include dishonesty offences and a threat to inflict serious injury.  In each instance you were fined.[1]  You have never spent time in custody until this offending, nor have you been placed on a community corrections order.[2]

[1] Criminal Record of Angelo Kawac dated 7 August 2025.

[2] Updated LEAP Priors of Angelo Kawac dated 7 August 2025.

8There is no victim impact statement however it is not hard to imagine this would have been a frightening experience for the victim.

Personal circumstances[3]

[3] Written Outline of Defence Submissions on the Plea dated 2 September 2025.

9You were born in Khartoum in Sudan during the second civil war.  Your father was a soldier with the armed forces and as a result you recall growing up in various military camps across Sudan.  On one occasion you and your family were required to escape camp via a river, due to a liberation army ambush.  During your childhood you reportedly witnessed shootings by both the armed forces and the liberation army.

10At the age of eight or nine, you moved with your aunt to Kenya.  In Nairobi you experienced the aftereffects of war.  Many refugees left Sudan for Kenya.  You recall witnessing forms of torture whilst there.

11When you were 12 years of age you migrated to Australia with your aunt and uncle, settling in the northern suburbs of Melbourne.  At times your uncle could be violent, and you were beaten on occasions. 

12You completed Year 12 at Fitzroy High School having repeated the year.  You then commenced apprenticeships in construction and carpentry, but you did not complete either of those.  You have variously worked in hospitality, warehousing and labouring.  At the time of the offending you were in receipt of Centrelink.

13In late 2024 you separated from your partner of 14 years.  Together you have a nine-year-old child and you were the stepfather to two other teenage children.  As a means of coping with the separation you began abusing alcohol.  You found yourself homeless and staying between friends.  This offending is said to have occurred in the context of the complete breakdown of your life.

14You have now spent over seven and a half months in custody and during this time you have used your time productively.  You have been working in metal fabrication and you have completed a number of certificates in the hope of gaining employment upon release.  You do not appear to have many supports.  You hope to be able to live with an aunt on release but have not seen her in some time.

15Your counsel submits that given your exposure to violence and traumatic experiences during your childhood and significantly deprived upbringing, that the principles set out in Bugmy v The Queen[4] have application here.[5]

[4] [2013] HCA 37.

[5] Written Outline of Defence Submissions on the Plea dated 2 September 2025.

16The prosecution did not take issue with the personal history as set out by your counsel.  There is no expert evidence in relation to the impact that childhood deprivation and exposure to violence has had on you.  In your assessment with the Mental Health Advice and Response Service you reported having vaguely witnessed violence and conflict in Sudan but did not exhibit any clear trauma symptoms due to these experiences.[6]

[6] Mental Health Advice and Response Service Report dated 9 September 2025.

17It is difficult to know what to make of this.  On the one hand, it is not difficult to imagine that exposure to war and violence would have a significant impact upon you.  It is not something that you have discussed however, and you in effect deny it having any real impact upon you. 

18Appreciating that these things may be difficult to talk about in a short consultation and assessment, I certainly do not wish to diminish how these experiences may have shaped you; likely they would have had an impact upon you.  However, in the absence of further material or a further causal nexus, I am not satisfied that the principles in Bugmy v The Queen have application here.[7]  However, I do take into account your background as part of your personal circumstances, including your childhood history.

[7] [2013] HCA 37.

19The offence of armed robbery is an inherently serious offence as is reflected by the applicable maximum penalty.[8]  The victim in this matter was an employee of Dan Murphy's simply going about his day at work.  You carried with you a handsaw, a fairly menacing looking weapon, though I accept you did not use this weapon in a threatening manner.  Rather, you lifted your shirt to show it tucked into your waistband.  This, in itself, carried with it an immediate threat of violence.  I also accept that nobody was directly threatened or injured.

[8] Written Outline of Prosecution Submissions on Plea dated 28 August 2025.

20The offending here was relatively unsophisticated and lacks the hallmarks of some of the more serious examples of armed robbery that come before the court.  The offending was of relatively short duration, was largely opportunistic, and the items taken were not of great value.  You made no attempts to disguise yourself and whilst there were associates outside the venue, with whom there was some degree of coordination, you committed the offending alone.  As such I consider the offending to be toward the lower end.

21You were cooperative with police, making admissions.  You entered a plea of guilty at the earliest opportunity and in doing so you have accepted responsibility for your conduct, which is some evidence of remorse.  The plea is of considerable utilitarian value.  You have spared the community the significant expense of a trial.  You have spared witnesses from having to give evidence and further, your plea demonstrates a willingness to facilitate the course of justice.

22I am told that you have a number of outstanding matters for drug and dishonesty related offences, including shop steal, possession of drugs, attempted theft of motor car, possess prohibited weapon, affray, and property offences committed between 2023 and 2024, but many of which are proximate to this offending.  I understand that you intend on pleading guilty to those matters.

23Given that you do have a relevant prior criminal history and that you have limited supports in the community, your prospects of rehabilitation could only be described as fair.  I note that you were assessed by Corrections as a high risk of reoffending.[9]  Your rehabilitation prospects are significantly enhanced by virtue of the fact that you have accepted responsibility for the offending, you have engaged in courses whilst in custody, and you have put your time on remand to good use.

[9] Community Correction Order Assessment Outcome Report dated 8 September 2025.

24I take into account current sentencing practices which are but one of the matters for consideration.  Both your counsel and the prosecution provided me with a table listing cases which are said to be comparable.  Having reviewed the table and the cases contained therein, it is clear that each case falls on its own facts.  Your counsel has distinguished some of the cases relied upon by the prosecution as comparable.

25The purposes for which a court may impose sentence are just punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community.  Pursuant to the Sentencing Act (Vic) 1991 I am required to take into account various factors when formulating an appropriate sentence. These include the seriousness of the offence, your culpability, the effect of your offending on the victim, and your personal circumstances.

26The sentence I pass must balance the interests of the community in denouncing criminal conduct, with the community's interests in seeking to ensure that as far as possible you are rehabilitated.  I also have regard to protection of the community and I have regard to principles of parsimony.  General deterrence is an important consideration.  Other members of the community must understand that armed robberies on retail workers will not be tolerated.  Specific deterrence is also relevant here given that you have a prior criminal history.

27Your counsel submits that a combination sentence is open to the court to allow you the opportunity for therapeutic support with Corrections.  The prosecution submit that I should impose a head sentence with a non‑parole period.  Having said that, the prosecution also concede that the offending was toward the lower end of objective seriousness, and I have indicated that I accept that this is the case. 

28I take into account the fact that you do have a prior criminal history however, you have never spent any time in custody, nor have you had the benefit of a community correction order. 

29I also take into account your plea of guilty and the efforts that you have made in custody.  Could you stand up please, Mr Kawac.

30On the charge of armed robbery, you are convicted and sentenced to 10 months' imprisonment followed by a community corrections order for a period of 18 months.  That community corrections order will commence upon your release from custody.  There will be a number of conditions attached to the order.

i.You are to be under the supervision of Corrections for a period of 18 months.

ii.You must undergo treatment and rehabilitation for drug and alcohol use.

iii.You must undergo assessment, and if deemed appropriate, treatment and rehabilitation with respect to your mental health.  I am making that a condition because it appears that this offending occurred in the context of a relationship breakdown and it may be that there are matters that are in need of exploration.

iv.You must undergo treatment and rehabilitation to address your risk of reoffending.

31I have not made any order that you undertake unpaid community work.  The reason that I have done this is to ensure that the time that you spend on this order is focused on your rehabilitation and you will have already spent 10 months in custody.

32There are also a number of core conditions that attach to a community corrections order and I am going to read those to you now.

i.You must not commit any other offence that is punishable by imprisonment during the 18 month period;

ii.You must comply with any and all obligations and requirements as prescribed;

iii.You must report to and receive visits from Corrections during the period of the order;

iv.You must report to the nearest Community Corrections Centre, which at this point has not yet been listed, because that will depend on where it is that you are going to reside, but you must do so within two clear working days from your release from custody.  So when you are released from custody you need to contact Community Corrections, and no doubt Mr Bourke can assist you there with how you will go about that;

v.You must let a Community Corrections officer know within two clear working days of a change of address or employment;

vi.You must not leave Victoria without first getting permission; and

vii.You must obey all lawful directions and instructions from Corrections.

33Now in a moment you are going to be provided with some paperwork and asked to confirm that you agree to abide by the conditions, but I am going to ask you in court in a moment if you do agree.  Now you must comply with the conditions of the order.  If you do not comply with the conditions, if you decide you do not want to do the rehabilitation components, or if you were to commit further offences, then what will happen is likely you will find yourself back before me on a breach of the order.  Now if that is the case, I would have to resentence you for this offending and it is likely I would also need to impose a penalty for the breach itself.  So it is really important that you comply with this community correction order. 

34This is an opportunity for you to make the most of the life that you have got, to rehabilitate yourself, and to get the help that you need.  So that will be printed off in a moment.  But do you understand the conditions that I have read out to you?

35OFFENDER:  Yeah.

36HER HONOUR:  Do you agree to abide or follow those conditions?

37OFFENDER:  Yeah.

38HER HONOUR:  All right.  I declare 233 days pre-sentence detention as time already served, to be deducted from the period of imprisonment. 

39Now Mr Kawac, if you had pleaded not guilty, but if you had been found guilty, then I will tell you what sentence I would have imposed.  I am required to do this under the Sentencing Act[10].  I indicate that but for your plea of guilty I would have imposed a head sentence of 20 months' imprisonment with a non-parole period of 14 months.  So that is if you had pleaded not guilty and been found guilty.

[10] (Vic) 1991.

40I make the order for forfeiture that has been sought by the prosecution, and I understand that there is no objection to that. 

41All right, you can have a seat while the paperwork is printed off.

42Mr Bourke, you are welcome to approach your client while my associate brings over the conditions.

43That paperwork has now been signed.  Counsel, are there any matters that require correction or that I have overlooked?

44COUNSEL:  No, Your Honour.

45HER HONOUR:  Yes, all right.  Thank you both for your assistance.  Do you want a moment to speak to your client?

46MR BOURKE:  I'll speak to him downstairs.

47HER HONOUR:  All right.  So could you please take Mr Kawac back into custody, thanks.

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