Director of Public Prosecutions v Khalid

[2024] VCC 1211

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

 Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 23-01933

DIRECTOR OF PUBLIC PROSECUTIONS

v

OSMAN KHALID

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JUDGE:	HIS HONOUR JUDGE McINERNEY
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	9 August 2024
CASE MAY BE CITED AS:	DPP v Khalid
MEDIUM NEUTRAL CITATION:	[2024] VCC 1211

REASONS FOR SENTENCE

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Subject: CRIMINAL LAW

Catchwords: Common Law Assault

Sentence: Fine of five hundred dollars with a stay of six months.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr P. Skehan	Office of Public Prosecutions
For the Accused	Ms M. Brown with Mr G. Lascaras	Slades & Parsons Criminal Law

HIS HONOUR: 

1In all the circumstances what I propose to do is convict Mr Khalid and fine him $500 and I will give him a stay, given his circumstances, of six months. Can I indicate however, because of the dead time, such a sentence is appropriate.  Dead time in this case is 354 days.

2However, had he not done that, it seemed to me that there were aspects about this crime that was concerning. As far as I understand this is an unprovoked attack, as the CCTV shows.  Mr Khalid enters onto someone else's property, goes into the house, smashes the window and a number of injuries to the complainant take place.  Fortunately, from the medical information, those injuries healed very quickly and there's no ongoing problems.

3The Victim Impact Statement of course, Exhibit B, is another thing, which indicates a considerable mental impact, in particular by way of anxiety, and upset and feelings of insecurity that Mr Mukumba described to us morning, so it is important, obviously, to take those matters into account.

4I must say that I have not heard anything as to what the background of this is.  The act of attacking someone on their own property is disturbing itself.  The issue as to the alleged ramblings and the blaming of Mr Mukumba is concerning and I would hope that Mr Khalid not only complies with the intervention order, but if he needs any mental assistance, he gets it.  I do not know enough about it, but it is certainly not a situation to be encouraged where, when you are living in a close neighbourhood, someone goes into another person's home and attacks them. 

5However, given the time that Mr Khalid spent on remand, which was, given the amendments to the indictment, never going to be a sentence that would have been passed.  There is a significant amount of dead time which I do take into account, and Mr Khalid will be convicted of this offence and fined $500 in all the circumstances, with a stay of six months. 

6MS BROWN:  As Your Honour pleases. 

7MR SKEHAN:  If the Court pleases. 

8HIS HONOUR:  Yes, you can come out of the box now Mr Khalid.  Can he, or does he have to go officially. 

9CUSTODY OFFICER:  No, he can ‑ ‑ ‑ 

10HIS HONOUR:  He can go. 

11CUSTODY OFFICER:  Yes.

12HIS HONOUR:  All right.  No more trouble though, all right? 

13OFFENDER:  Yep.

14HIS HONOUR:  See what happened to you, far too long in gaol.  Okay, anything else I have to do Mr Prosecutor.

15MR SKEHAN:  No, Your Honour. 

16HIS HONOUR:  I say again to counsel, a job well done. 

17MR LASCARAS:  Thank Your Honour. 

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