Director of Public Prosecutions v Kontochristos and Alaoui
[2012] VCC 1220
•24 August 2012
| IN THE COUNTY COURT OF VICTORIA | Revised (Not) Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
CR-12-00898
CR-12-00089
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| PETER KONTOCHRISTOS ANTOINE ALAOUI |
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JUDGE: | HER HONOUR JUDGE DOUGLAS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | ||
DATE OF SENTENCE: | 24 August 2012 | |
CASE MAY BE CITED AS: | DPP v Kontochristos & Alaoui | |
MEDIUM NEUTRAL CITATION: | [2012] VCC 1220 | |
REASONS FOR SENTENCE
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Catchwords:
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Ms D. Guesdon | |
| For Accused Kontochristos For Accused Alaoui | Mrs C. Woodward Mr P. Tiwana |
HER HONOUR:
Indictment no.C1208381
1 Peter Kontochristos and Antoine Alaoui, you have both pleaded guilty to one charge of armed robbery (Charge 1).
2 Antoine Alaoui, you have also pleaded guilty to
- Charge 2, possession of a drug of dependence, namely, cannabis L and Charge 3, possession of a drug of dependence, namely, Alprazolam, which is also known as Xanax.
3 Peter Kontochristos, you have also pleaded guilty to Charge 4, possession of an unregistered category handgun.
4 The maximum penalties for these offences which are in the indictment are:
Armed robbery – 25 years’ imprisonment
Possession of a drug of dependence in relation to Charge 2, a small quantity of cannabis L – 400 penalty units or six months’ imprisonment
Possession of a drug of dependence in relation to Charge 3 – 30 penalty units or 12 months’ imprisonment (s.73(1)(b) Drugs, Poisons & Controlled Substances Act 1981)
Possession of an unregistered category handgun, Charge 4 – seven years’ imprisonment (s.76 Firearms Act).
Summary offences.
5 Peter Kontochristos, you have pleaded guilty to two summary offences, namely:
- Charge 4, possession of ammunition while not the holder of a permit pursuant to s.124(1) Firearms Act 1996 and
- Charge 5, driving a motor car whilst disqualified, s.30(1) Road Safety Act 1986.
6 Antoine Alaoui, you have pleaded guilty to one summary offence. Charge 3, possession of a controlled weapon without lawful excuse pursuant to s.6(1) of the Control of Weapons Act 1990.
7 The maximum penalties for the summary offences are:
Possess a controlled weapon without lawful excuse – 120 penalty units or 12 months’ imprisonment
Possession of ammunition without a licence – 40 penalty units
Drive whilst disqualified – as it is a first offence, 30 penalty units or four months’ imprisonment.
Prosecution case
8 The prosecution case is set out in the prosecutor’s opening which was tendered in evidence. That opening set out the circumstances in a comprehensive way surrounding the commission of this offence. I do not intend to recount those details and will annex a copy of the prosecutor’s opening to these sentencing remarks.
9 And pausing there, Madam Prosecutor, I know you did not prosecute on the day but I wonder if your instructor could send by email a Word version of that opening to annex to my sentencing remarks because when you do it any other way, if you scan it, it does not seem to work with VGRS.
10 MS GUESDON: Yes, I will arrange that, Your Honour.
11 HER HONOUR: So if you could organise that, that would be very useful.
Prior criminal history of Peter Kontochristos,
12 Peter Kontochristos, you have a number of findings of guilt and convictions from eight court appearances between 5 December 2006 and 20 May 2010. The convictions and finding of guilt include recklessly cause injury, burglary, theft, arson, assault with intent to rob, criminal damage, possess a controlled weapon, possess cannabis, possess LSD, possess amphetamines, intentionally cause serious injury and intentionally cause injury and affray.
13 The dispositions which have been imposed have ranged from a without conviction being imposed upon you, having been placed on probation. You have been fined, you have been released on a Youth Supervision Order for 12 months, you have been convicted and fined. On 4 September 2009 you were convicted and ordered to be detained in a Youth Justice Centre for 15 months, and on 20 May 2010 you were convicted of affray, as I have just stated. You were sentenced to two months’ imprisonment which was ordered to be wholly suspended for six months.
14 Antoine Alaoui, you have no prior convictions and you have no findings of guilt.
As to both prisoners
15 This offence of armed robbery is serious, as it must have been a terrifying ordeal for the complainant who was a member of the community, minding his own business, travelling on a highway on his way to work, when you both committed the armed robbery using a sawn-off shotgun. The use of the sawn-off shotgun places this offence in the middle range for sentencing purposes of this armed robbery. A sawn-off shotgun is not only a terrifying weapon but it is also dangerous, as in this case it was loaded. For any person to be confronted by a person with such a weapon, that will not be countenanced by courts.
16 I accept that the offence was spontaneous in that there was relatively little planning and it was not professionally carried out. You were both easily detected as you left the scene in Mrs Alaoui’s car.
17 However, I must give a considerable amount of weight to general deterrence, that is to deter other people from preying on road users, as you did, who are vulnerable targets, especially in the early hours of the morning. People in Melbourne are entitled to drive on public roads at off-peak hours where there is little traffic and feel safe. I must also give weight to the protection of the community and denunciation of this offending.
18 I must give weight to special deterrence to you, Mr Kontochristos, given your criminal history, as you have been involved on a number of occasions in antisocial behaviour from offences of violence, drug use, criminal damage and affray.
19 As to you, Mr Alaoui, I have not given as much weight to matters of special deterrence because you do not have any prior convictions and findings of guilt and I take into account the residential rehabilitation program that you are currently undertaking.
20 The prosecution case is that you were acting in concert. Clearly, Mr Kontochristos, you obtained the sawn-off shotgun from another person for the purpose of committing this crime. You were the person who held the weapon, while you, Mr Alaoui, knew full well that he had that weapon, and I am satisfied beyond reasonable doubt that you knew that that was intended when you both set off to the friend’s place to obtain the weapon. Your role, Mr Alaoui, was to be in your mother’s car, as someone had to take the car back home when the person with the weapon had to drive the stolen car - that was Mr Kontochristos.
21 I sentence you both as equal participants in the carrying out of the armed robbery. Each of you was necessary in carrying out your particular role. Upon a consideration of the material, I do not accept the submission put on your behalf, Mr Alaoui, that it came as a surprise to you that Mr Kontochristos, upon calling at his friend’s home in the early hours of the morning, suddenly produced a firearm.
22 Both of you pleaded guilty at the earliest reasonable opportunity and I take that into account in the favour of each of you, because you have saved the court the time and the cost of a trial, and, importantly, the complainant has not had to give evidence and relive what would have been a terrifying ordeal.
As to both, you, Mr Kontochristos and you, Mr Alaoui,
23 Mr Kontochristos, you were born on 7 January 1991. You were 21 at the time of this offence and you are still 21. Mr Alaoui, you were born on 24 October 1989 and you were 22 years of age at the time of this offence and you are currently 23 years of age. You are 15 months older than Mr Kontochristos. As I said, Mr Kontochristos, you were 21 years at the time of the offence and you are still 21. In the circumstances, I consider that it is significant that you were 21. Although you are 15 months younger than Mr Alaoui, it could be said that your prior criminal history is relevant as you were “streetwise”. However, I take into account that you are still a youthful offender and as a sentencing judge I must give rehabilitation more weight than I would have had you been older. Clearly, your dysfunctional background and your abuse of drugs are the reasons you committed this offence.
24 Mr Alaoui, as I said, you were 22 at the time and are now 23. You are 15 months older than Mr Kontochristos. You also are a youthful offender and, as I have stated, judges must give more weight to rehabilitation than in relation to adult offenders, and I do in relation to each of you.
25 I have given weight to special deterrence to you, Mr Kontochristos, as I have said earlier given your criminal history, as you have been involved on a number of occasions in committing offences, which I have set out.
As to Peter Kontochristos
26 Ms Woodward appeared on your behalf and set out your personal circumstances. She also tendered a number of documents on your behalf, including a report from forensic psychologist, Carla Lechner, dated 28 July 2012, in which your personal circumstances were also referred to. A letter you wrote to the court, a report from Heidi Cox, Drug and Alcohol clinician at Port Phillip Prison, a certificate of completion of a program of Youth, Drugs and Anger and a letter from Narcotics Anonymous. I take into account the contents of those documents. I take into account on your behalf that you have not applied for bail and during your time on remand have used that time productively in the youth section of Port Phillip Prison, participating in programs which are relevant.
27 I accept that you committed the armed robbery and the other offences in the context of abusing drugs. As you described, you were involved in a drug binge at the time, having used Xanax and methylamphetamine and had not slept as a consequence of the use of methylamphetamine for a number of days. You have a long history of abuse of drugs which must be seen in the context of your dysfunctional upbringing.
28 Your parents were very young when you were born. Your mother relinquished you to her parents when you were a baby. Your father has had little contact with you and is in another relationship. You remained with your grandparents until you were 11 years of age. You regarded your grandmother, your grandfather and your uncle as your immediate family. However, Ms Lechner did report that your grandmother and your uncle used corporal punishment on you.
29 Your uncle, who was eight years older than you, was given a considerable amount of freedom and exhibited anti-social behaviour during the time you were living at that home, and was a member of a gang. Your grandparents also gave you a considerable amount of freedom in that you were permitted, for example, to ride your pushbike around the streets late at night, and you were involved with other young people, also from backgrounds of neglect who were involved in graffiti and fights. Not surprisingly, you were expelled from school.
30 When you were around 11 years of age your mother arrived and sought to have you live with her. Your grandparents reluctantly agreed. Not surprisingly your mother's conduct was very disruptive in your life. You never enjoyed a good relationship with her.
31 You were expelled from Hughesdale Primary School because of bad behaviour. You then transferred to Springvale South Primary School and enjoyed school. At that school you excelled at mathematics, to the extent that you were offered a scholarship to attend Haileybury. However, you turned that down.
32 When you were 13 years of age, during Year 8 you were told to accompany your mother to Greece, then to America, as she had met a man over the internet and decided that she would have a new life in America. Understandably you did not want to go with her, as you missed your friends. After a few months in Greece your mother decided to return to Australia as she no longer wanted to travel to America.
33 Upon your return to Melbourne you remained at school for eight to nine months at Dandenong High School. You were expelled in Year 9. At that time you said you were involved in a lot of offending with new friends from that school, involving violence, stealing and the use of weapons.
34 You commenced smoking cannabis about the age of 13, as your mother did. Ms Lechner reported that you were using cannabis daily from when you were about 14 years of age. You commenced using Ecstasy and amphetamines at age 15 and that continued for a few years. You used LSD, as you described, “a fair bit”, and also from time to time you were using Benzodiazepam. At around the age of 16 years you became a daily user of methylamphetamines.
35 You are currently in a relationship with a young woman whom you met about five years ago. She was also a drug user. Upon your release from Youth detention you and she agreed to end the abuse of drugs, and both did that.
36 Ms Lechner reported that your girlfriend decided she wanted to have a baby when she was 19 years of age and after two miscarriages became pregnant. She was ill towards the end of the pregnancy.
37 At that time you were given the opportunity to obtain an apprenticeship for a plumbing company. During the three month trial period your girlfriend was ill, as I said, and you were wanting time off because of that. Your boss was unable to give you that time off and you ended up being terminated from that apprenticeship.
38 At that time you were troubled by the responsibility of becoming a father at such a young age, worrying about your girlfriend and losing the chance to support her and the child by the termination of that apprenticeship. It was in that context that you took methylamphetamine, which caused you not to sleep for four days before the incident, and then took Xanax.
39 Your girlfriend gave birth three days after you were remanded in custody, upon your arrest in relation to these matters. Unfortunately, it has been difficult for you to see her or your baby.
40 I take into account in your favour that you have made use of your time in custody since you have been remanded. It is clear to me that you have undertaken all available steps to rehabilitate yourself and I accept that you are genuinely remorseful. The courses which you have participated in and completed are very relevant and you are in the youth section at Port Phillip Prison, which, from evidence in other cases, I accept is a very useful course for people such as yourself.
41 You were also linked to Narcotics Anonymous and I note you have attended four meetings from 1 July. Clearly this is important for you as you can go to a meeting of Narcotics Anonymous at any time during the day, no matter where you are, if you are feeling the need of their assistance.
42 Fortunately, you have been prescribed an anti-depressant since you have been in custody, and it is critical that you continue using prescribed medication in relation to your depression upon your release and not self-medicate. You also produce a certificate in relation to a hospitality course and you are currently undergoing an information technology course and you are enrolled in a small business course.
43 Currently you are involved in the marketing of T-shirts made by teams of prisoners and you are the marketing manager. This is very much to your credit.
44 I agree with Ms Lechner that your prior criminal history of offending has arisen in the setting of a long-term polysubstance abuse with an underlying undiagnosed and untreated depression, contributing to the genesis and maintenance of your addiction. Further, it is clear that you were raised in a dysfunctional family environment in which your emotional needs appear to have been neglected and where you received minimal supervision and guidance. This situation has undermined your education, as well as your social and emotional well-being.
45 Ms Lechner reported that in the past you have channelled internal distress with anger. Ms Lechner referred to a positive matter in which you were released from custody in 2010, you and your girlfriend ceased drug use, obtained housing and employment. I accept that your relapse on this occasion was because you had lost your job, you were panicking about being a father in the circumstances.
46 Taking all the matters into account which were put on your behalf, I consider that any chance of rehabilitation you have depends solely on you no longer abusing drugs. You must continue to have a stable life
47 I take into account in your favour that you have spent 148 days in pre-sentence detention, being the first time you have been in adult custody. You have been in custody before in the youth system but for a shorter period than this sentence.
48 I sentence you taking into account the principles of totality and I also take into account the principles of parity in dealing with a co-offender for the same offence of armed robbery, which is the most serious offence which you are both before this court.
49 Mr Alaoui is in a different position to you, Mr Kontochristos, in that he does not have a prior criminal history and he is successfully in the process of undertaking a residential rehabilitation course, which, in my view, the successful completion of which will assist enormously in his rehabilitation.
50 I accept that you are doing as much as you can whilst in custody, as I said, in the youthful prisoner section of Port Phillip Prison. The main difference between the two of you is your prior criminal history.
51 The Crown’s submission is that the sentencing range for you, Mr Kontochristos, is between four and a half to six and a half years as the head sentence and a non-parole period of three to four and a half years, on the basis you had a greater role as you held the firearm, and your prior convictions. I do not accept that range as being correct as a matter of law or appropriate in this case.
52 Your role, in my view, was equal to Mr Alaoui. You have a number of findings of guilt and convictions in recent times for offences of violence, such as intentionally and recklessly causing serious injury and intentionally and recklessly causing injury. In 2009 a period of a detention in a Youth Training Centre was imposed. Earlier, for the offences in 2006 and 2007, you were placed on probation.
53 In 2010 you were sentenced to two months’ imprisonment, wholly suspended, for the offence of affray. You had a finding of guilt from five and a half years ago for assault with intent to rob. However, the court, upon consideration of the offence and your age, did not convict you and placed you on probation.
54 You have no convictions for armed robbery or attempted armed robbery, and in the circumstances, although your prior history is of some length, you have not been convicted of crimes of violence, the disposition of which indicates they were serious.
55 I sentence you as follows.
Indictment No. C1208381
- Charge 1, armed robbery, 40 months imprisonment.
- Charge 2, possession of a general handgun, six months’ imprisonment.
56 The total sentence therefore is 40 months' imprisonment and I order that you serve 15 months’ imprisonment before you are eligible for parole.
Summary offences
- possession of ammunition, convicted and fined $50 and a stay of three months
- Driving whilst disqualified, convicted and fined $200 and a stay of three months
57 Pursuant to s.6AAA of the Sentencing Act, had you not pleaded guilty I would have sentenced you to five years’ imprisonment with a minimum of three years.
58 I take into account 167 days pre-sentence detention as having been already served.
59 Mr Kontochristos, I have sentenced you now to 40 months with a minimum of 15 months and I take into account 167 days pre-sentence detention.
60 If you want to leave the court you are very welcome to, or if you would like to stay and hear what I am saying about your co-offender, you are very welcome. Are you okay to stay?
61 OFFENDER KONTOCHRISTOS: Yes, I don't mind.
62 HER HONOUR: That's all right, just sometimes people when they've been sentenced would prefer just to be by themselves, but if you're okay, that's okay. You can sit down.
As to Antoine Alaoui
63 Mr Tiwana appeared on your behalf and set out your personal circumstances. He also tendered two reports of Carla Lechner dated 10 April 2012 and 26 July 2012. He tendered a letter from your mother, Sylvia Alaoui, dated 31 July 2012, from Eleni Vrahnos, dated 31 July 2012, a letter from Gavan Crosica, dated 31 July 2012 and a letter from John Palia.
64 I take into account the contents of those letters.
65 Your mother appeared in court to support you and it is clear from the depositions that she co-operated with the investigating police and I consider that the course she took, which might have been difficult for her, was impressive and responsible. She said this in her letter to the court:
“As I was travelling with work I did not realise the extent of his drug usage and as far as I knew he was using marijuana every now and then. In March, after he was involved in this crime, and the police went through his room, that’s when I realised what he was doing. The signs were there. Him being upset, depressed and angry all the time, not getting any sleep. I used to ask him over and over if I could help or if he should see a counsellor. He used to tell me not to worry and he was fine. Even on that same weekend we discussed for him to start rehab which he said he will ring Odyssey House.”
66 Your mother then described how you appeared to have changed in a positive way in recent times.
67 As to your upbringing, you have a younger brother. Your mother is from an Armenian background and your father from a Lebanese background. Your parents separated a few years ago. After that separation you lived with your mother and her parents, as well as your maternal aunt and great-uncle. Clearly the house was very crowded.
68 Prior to the marriage break-up, your father conducted a milkbar and then a café. Your mother works in information technology with IBM and has done so for 15 years. The café run by your father closed as the lease expired in 1999. Your father was left with debt and financial pressures and this was the catalyst for your family moving in with your maternal grandparents. After the café business closed your father commenced to abuse illegal drugs which caused him to behave violently towards your mother. Eventually your parents separated in 2005.
69 You attended Wesley College from kindergarten until the time your parents separated. You enjoyed school, in particular sport and music, playing both the piano and the saxophone.
70 In your early years you seemed to have learning difficulties at an early age, but as it turned out you were not correctly diagnosed until Year 7 or 8 that you had hearing problems, which were corrected with the insertion of grommets in your ears.
71 Ms Lechner reported that your parents' separation affected you adversely. Unfortunately you had to be removed from Wesley which you had attended all your life, as your mother could not afford to continue paying the fees. You were then sent to a Catholic college, Emmaus, where you remained until Year 12. That school was quite different from Wesley and the students were also different.
72 Around this time you commenced smoking cannabis. You told Ms Lechner that you would meet a few friends at Chadstone, you would “hang out” at a mate’s garage which you liked as you did not have many friends. You then described the use of cannabis as becoming a daily habit, increasing the amount to about seven grams a day. This continued until your arrest.
73 When you were in Year 11 at your new school you then commenced using amphetamines and Ecstasy every weekend. You continued to use Ecstasy throughout Year 12 at school.
74 When you were 19 years of age you commenced using methylamphetamine and gradually increased your consumption. You told Ms Lechner you were also using about a bottle or two of Xanax a week to come down from the effects of methylamphetamine. You also told her you were a binge drinker. You said this to Ms Lechner: “I just liked having a lot of people around me, escape reality, the break-up of my family, living with my grandparents, could just laugh away”.
75 After school you attended Box Hill TAFE where you completed Certificates I and II in Information Technology. You started Certificate II but did not complete it.
76 After you completed year 12 you worked part-time and full-time as a kitchen hand. Between years 10 and 11 you worked as an actor appearing in television and advertisements, but you have not had any work in recent times.
77 At the time you committed this offence you had not seen Mr Kontochristos for a while. On that day he told you about his worry about having a baby soon and losing his job. You both were then using methylamphetamines and Xanax.
78 I accept that both you and Mr Kontochristos have an incomplete memory of the details of the armed robbery because of the abuse of drugs. As I stated, I consider it implausible what has been put on your behalf as to your lack of knowledge of the firearm, which I consider is an attempt to minimise your involvement. However, I do accept that you regret your involvement in the armed robbery, as well as you regret your abuse of drugs at the time.
79 I consider that your offending is out of character given the fact you have no criminal history, notwithstanding you had an extensive drug abuse problem for some time.
80 You were in custody for around 50 days as pre-sentence detention. You spent one week in the local police cells, and a week at the Melbourne Assessment Prison where you saw your father, surprisingly, and shared a cell with him. You were then transferred to the Melbourne Remand Centre where you remained. On 30 April 2012 you were released on bail. You informed Ms Lechner that your time in custody has been salutary, as when taken into custody you suffered from withdrawal of drugs, including a seizure on your second day in the cells. I also accept that you found time on remand very difficult as you had not been in prison before and you were frightened of people who had issues with your father, who is currently in prison for drug offences.
81 Upon release on bail you commenced a program conducted by Barbara Kustra named "Refocus." Barbara Kustra gave evidence as to your progress at the residential rehabilitation centre. She gave evidence setting out the details of the program and your progress. She is a therapist at the Refocus Program and has personally treated you. She said that you have been a participant in the program and have conveyed to her your current intention to continue with the program.
82 She described the Refocus program as a medium to long-term drug and alcohol residential rehabilitation program. It was initially set up for doctors who were addicted to drugs or alcohol. She set out the daily routine involving therapy, psycho-educational groups and counselling. She reported that her assessment of you was that you were recovering from a substance use disorder and related behavioural problems. She said your history showed an escalating pattern of substance abuse commencing with binge drinking when you were 14 years of age, using marijuana and stimulants such as amphetamines and Ecstasy regularly at the age of 16. She reported your use escalated to daily use of marijuana and Ecstasy at 17 years of age and that at 18 years you commenced using Ice, and at that stage you were no longer using Ecstasy. She set out the amounts you were using of Ice and the daily use of Xanax, sometimes up to 100mg per day. You told her you used Xanax to come down from the Ice.
83 Ms Kustra said there is a rule that the residents at the Refocus program remain abstinent from drugs and alcohol. If a resident does not do so, that person must leave the program. There are two urine tests conducted weekly and random scans. You have had 13 screens up to the time she gave evidence and have not had a positive urine test.
84 One rule is that only family may visit. You are collected by your mother and then returned by her for lunch on a Sunday. Residents are free to leave but they must sign out and say where they are going, having sought permission earlier.
85 Ms Kustra said that the underlying philosophy of the Refocus program is to change a person’s lifestyle. She said you were not allowed to wear tracksuit pants or speak in the way you did when you first entered the program. She reported that it is imperative that you continue your treatment for a long time. She said that you have been compliant with the behavioural changes that are expected of you and you have behaved in a positive manner.
86 When she said you were compliant, she meant this: that you no longer have what she referred to as “the tracksuit demeanour”, and when you were told to behave differently you had the capacity to reflect on why that was expected of you. She said you are a different young man than the young person who first entered the program. She said you are now interested in returning to music, where you had an ability at school.
87 You wanted to attend TAFE for a computer course but she refused because you must continue at the program at that stage. Ms Kustra said it is a long process to complete rehabilitation to keep off drugs and that you could easily revert back to type if you went back to your former peers. She said that the process that is encouraged is to go ahead with behaviour changes, rather than focusing totally on relapse. She said if you continue in the recovery process and enjoy an abstinent lifestyle and embrace it, you will continue to be positive.
88 Recently you started playing football with a Salvation Army team and there is a reference in relation to that which I take into account. Ms Kustra said she does not come to court for all people and has not given evidence for seven years.
89 The Refocus program is very expensive. It was $1,500 per week and your mother had to borrow money to pay. Currently that fee has been reduced, given your circumstances, to $600 per week. Clearly, that is an enormous sum of money and you cannot remain there indefinitely. Ms Kustra informed the court that what is planned for you is that you move to SHARC, which stands for Self-Help Addiction Resource Centre, which is also residential but the program that is run by SHARC is not as intense as Refocus. It would also involve going to Narcotics Anonymous meetings, which you attend regularly.
90 You will be at least another six weeks with the Refocus program before moving to SHARC, where you can stay for up to two years. I have been informed that it is intended that you remain at the Refocus program for longer than six weeks and then move to SHARC.
91 I accept that the reason you committed the offence of armed robbery and the other offences was your abuse of drugs which had been long-standing, namely methylamphetamine and Xanax.
92 I take into account, as I have stated, your plea of guilty, your young age and the your lack of prior criminal history. I also take into account you have spent time in prison, having never been in prison before, and I accept that that caused you a considerable amount of anxiety.
93 I also accept that you have shown remorse and I refer to your mother’s letter to the court, as well as Carla Lechner’s report dated 26 July 2010 in which she said that when you moved schools you began associating with a neighbourhood group heavily involved in drugs, that at that stage you had a desire to fit in and belong with these young people at a time of high emotional stress and drugs provided an answer to both problems.
94 Your tertiary education and employment were undermined by escalating drug use. She reported that these offences were committed, especially the armed robbery, in that context. She reported that you presented to her on the second occasion as growing in your emotional maturity and insight. She said you were able to identify and cope with negative feelings through improved communication, which in the past you blocked out with substance abuse. She said you do not present with inherently violent attitudes, nor does your history suggest you are normally aggressive in manner. The risk assessment she carried out is low in relation to violent behaviour. Your history indicates to her chronically low self-esteem and that needs to be continually addressed in a therapeutic context.
95 As to your current residential rehabilitation, Ms Lechner reported as follows:
“He has been greatly assisted by a residential treatment program that adopts a holistic approach to intervention. Mr Alaoui is developing more adaptive coping skills and strategies that will assist in reducing the risk of relapse to drug use. Clearly the consequences of his offending are a matter for the court to determine. From a purely psychological perspective Mr Alaoui’s ongoing rehabilitation and recovery could be best assisted by his continued involvement with the Refocus Program as a full-time resident. A period of immediate incarceration would greatly undermine the progress that he has made to date and thrust him back into the environment that he has extracted himself from.”
96 Certificates of completion of programs while you were in custody were tendered and I take into account those certificates.
97 As I have made it clear, the offence of armed robbery is serious, in particular given the use of a loaded sawn-off shotgun. However, as I have also stated, the offence was carried out in a reasonably unplanned and unsophisticated way as you used your mother’s car and were thus easily detected by police.
98 This offence of armed robbery was committed in a period when you and your co-offender were each living a chaotic lifestyle which was spiralling out of control and the armed robbery seemed to be non-sensical as you, Mr Alaoui, had the use of a car.
99 The seriousness of that offence must be reflected in giving weight to general deterrence and protection of the community as well as denunciation and also general deterrence and protection of the community are important factors. The other offences, in particular the summary offences, are also serious.
100 In your favour I must give weight to rehabilitation and less weight to special deterrence given the evidence called on your behalf. Any chance of rehabilitation you have depends solely on you dealing with your drug abuse.
101 I accept that you do not have a criminal history and you do not have any subsequent matters, that since your arrest you have not used drugs and you have continued to live in a strict regime at a residential rehabilitation centre.
102 The evidence of Ms Kustra was impressive in relation to the program you are undergoing and I consider it is in your interest and in the community’s interest that you are dealing with your drug addiction, as you have been doing so successfully.
103 You are also fortunate that your mother is supporting you throughout this time.
104 Taking all those matters into account, I do not intend to impose a prison sentence. I intend to place you on a non-custodial disposition for which you will be assessed shortly, a Community Corrections Order. However, I intend to have a condition that you remain in residential rehabilitation (where you are at present) until the end of the year, if that is what is intended, and then to remain in another residential rehabilitation at SHARC, or another facility, at such time as the person in charge considers you are sufficiently rehabilitated to leave and have set up a structure in which it is unlikely that you will return to your lifestyle.
105 What I intend to do is place you is convict you and place you on a Community Correction Order for two years, starting today, and it will be a combination of the Corrections Office and the rehabilitation people working together. So there will be supervision, which means you must report to the Corrections Office as they co-ordinate with Ms Kustra, a residential condition, and that will be that you remain at Refocus and to reside thereafter at SHARC, only with the written permission by the Centre Manager, that is the head person of the Corrections centre, and there will be a number of conditions in relation to assessment and treatment for drug and alcohol abuse and dependency - I want testing throughout. Also, I intend to give power or authority for any medical or mental health assessment.
106 One thing I want to do, and I consider it critical, as I have said, I have set out that it is clear that if you commit any offence - perhaps I will make that clear - if you commit any criminal offence you will come back before me Mr Alaoui. Now the use of drugs is against the law but not alcohol, and I intend to put an abstinence condition on. I know everyone in the Dock says I will accept that, because they think if they do not they will go to prison, but I take that seriously because it seems to me very important that you continue to abstain from alcohol. If you do not you will come back before me.
Summary Offences
107 Charge 2 - $200 and a stay of three months;
Charge 3 - $50 and a stay of three months.
As to the summary offence of possession of a controlled weapon without lawful excuse, a fine of $100 and a stay of three months.
So that is a total altogether of $350 and a stay of three months.
108 Pursuant to s.6AAA Sentencing Act, had you not pleaded guilty I would have sentenced you to four years' imprisonment with a minimum of two years.
109 Now if I could address counsel. I have put three months stay, that can always be re-negotiated, as you know, with the court.
110 Are there any other matters?
111 Mr Kontochristos, you can now leave. Thank you, if you could remove the prisoner. And good luck.
112 MS GUESDON: Your Honour, could I just request - there will be a 464 non-custodial order which my instructor has to prepare - - -
113 HER HONOUR: I'll sign it now.
114 MS GUESDON: He's just preparing it, should I bring it at two or email it through?
115 HER HONOUR: Yes, bring it at two. Have you spoken to your client about that yet?
116 MR TIWANA: If I remember correctly, Your Honour, I indicated I didn't oppose it.
117 HER HONOUR: Raise it with him again - - -
118 MR TIWANA: Yes, I will.
119 HER HONOUR: Because I'll sign it at two o'clock. Because it's armed robbery with a sawn-off shotgun.
120 MR TIWANA: Yes, thank you.
121 HER HONOUR: That's a forensic sample, Mr Alaoui. Mr Tiwana, if you could go with your client and just tell him where to you, it's on the first floor here for that interview.
122 MR TIWANA: Yes.
123 HER HONOUR: And we'll reconvene at two o'clock, because I understand the report will be ready then.
124 MR TIWANA: Thank you, Your Honour.
125 HER HONOUR: Under these new sections of the Sentencing Act, as you probably all know, it's all very new legislation but most of the 48(d)(3) conditions I intend to have to give those at Refocus and SHARC the necessary power to assist your client.
126 MR TIWANA: Yes, Your Honour.
127 HER HONOUR: And I'm also going to have the 48(1) abstinence.
128 Mr Alaoui, this will only work, if I could just say this, if you agree to all of this, and I'll make it clear, this is serious, a sawn-off shotgun to a man driving along. If you continue the way you're going I won't see you again, but if you don't continue I can't see why I wouldn't put you in prison. It's as simple as that. You've got the support of your mother and the support of Refocus, and you've done a lot yourself and that's fantastic, you've put a lot in. It would all be for nothing if you don't - you know, and it's not just the drugs, it's the lifestyle. So if you could talk with the Community Corrections Officer, and there will be a co-ordination with the Corrections Office and with the rehab people you're with, but I'll make it clear, especially to your mother, that I'm not going to necessarily put a time on it, it's very expensive, but I want him to go from Refocus to SHARC, I don't want him slipping through, because when I say I don't trust him, I don't mean that personally, but people with addictions - you know. And you had better thank your mother too on your way down to the first floor, all right? I will adjourn until two o'clock.
129 MR TIWANA: Thank you, Your Honour.
(Short adjournment.)
130 HER HONOUR: Have counsel received the report?
131 MR TIWANA: Yes Your Honour, we've both received the report.
132 HER HONOUR: All right, could you - you're not in the dock, all right, stand up - - - -
133 MS GUESDON: Your Honour could I just raise just a couple of matters for the record before Your Honour proceeded to finally sentence?
134 HER HONOUR: Yes.
135 MS GUESDON: Firstly I just note on the report that Community Corrections has assessed his risk of re-offending as high, on the front page, which contrasts to that of Carla Lechner.
136 HER HONOUR: Sorry, where's this written?
137 MS GUESDON: On the front page after it says, "an assessment has been undertaken."
138 HER HONOUR: Madam associate may I have a look at the - hang on, the report. Sorry. Now sorry, where's that written madam?
139 MS GUESDON: There's the list of proposed conditions.
140 HER HONOUR: Yes.
141 MS GUESDON: Then an assessment, and then underneath it says Community Corrections Services has assessed the accused general risk of re-offending as being high.
142 HER HONOUR: Hang on, sorry this is - - -
143 MS GUESDON: It's effectively in the middle.
144 HER HONOUR: Could you hold up the page and just point on the page?
145 MS GUESDON: In the middle Your Honour.
146 HER HONOUR: Yes, VSAT, yes.
147 MS GUESDON: Not sure what VSAT is but it's obviously - - -
148 HER HONOUR: You know what the problem is, I've found - I'm one of the judges of the Adult Parole Board, and people have to look at these - it's like DSM books, and they tick boxes, and people who I think are really high risk often come back from Corrections and say he's low risk.
149 MS GUESDON: Yes, I have seen that too Your Honour.
150 HER HONOUR: And I consider that I'm not happy about that, because it flies in the face of what is obvious to me, without any medical qualifications. It's often the reverse, and often the criterion in relation to re-offending as being high is often prior convictions, but he has none.
151 MS GUESDON: I'm assuming it's drug substance abuse or something like that, that's led to that high risk finding.
152 HER HONOUR: All right, so thank you for pointing that out.
153 MS GUESDON: But just as a note.
154 HER HONOUR: Yes.
155 MS GUESDON: Over the page I just note that, in the first paragraph, that Mr Alaoui, in the middle of that paragraph, reported he was shocked - sorry, yes reported he was shocked as he was not aware that his co-accused had a firearm in his possession.
156 HER HONOUR: Yes, well I disagree. I take issue with that.
157 MS GUESDON: So he's - I know Your Honour's made the finding, but just to note he's maintaining that to Corrections.
158 HER HONOUR: All right.
159 MS GUESDON: Finally, I'm not trying to dissuade Your Honour from obviously your intent to impose the (indistinct) - - -
160 HER HONOUR: Yes, it's a bit late now, but go on, yes.
161 MS GUESDON: Exactly, but just for the record the Crown just wants to state that it maintains its range.
162 HER HONOUR: Fair enough.
163 MS GUESDON: Therefore CCO would not be within range in the Crown's submission.
164 HER HONOUR: No, I assume that.
165 MS GUESDON: Yes.
166 HER HONOUR: That's why I actually spent quite some time in setting out the reasons why, because I consider it's an unusual, if not an exceptional case. It's as simple as that.
167 MS GUESDON: Yes Your Honour.
168
HER HONOUR: No, I agree, a sawn off shotgun in an armed robbery. Now I've read all of this, now if you could stand up
Mr Alaoui.
169 I am going to read to you exactly what the core conditions are, and the other conditions, because this order will be for two years, and during that two years the Moorabbin Community Corrections Service - I thought it might have been another one, anyway, they often get the Community Corrections Service nearest where a person resides, and I would have thought the one in Prahran might have been closer. Anyway it is considered appropriate it is the one in Highett, you know where that is, near Moorabbin.
170 You must comply with the core conditions as well as the other conditions, and importantly for you for the next two years you must live in a residential rehab, be it Refocus or Sharc, and you only move from Refocus if there is the written permission of the centre manager. It says - this is the way it will be worded, the court directs Mr Alaoui to comply with treatment as directed by residential rehabilitation facilities Refocus and Sharc, and in the event of a transfer he is to transfer directly from one treatment facility to the next.
171 All right, so - now I will read the others. You must not commit another offence for which you could be imprisoned during the time the order is in force. You must comply with any obligation or requirement prescribed by section - by Regulation 17 of the Sentencing Regulations. Now I have no idea what that means. But in other words I would presume that any obligation under the Community Corrections order you must follow the directions of the Community Corrections Officer. You must report to and receive visits from the Community Corrections Officer.
172 You must report to the Community Corrections Centre within two clear days. You must let a Community Corrections Officer know within two clear days of you changing your address. Well that will be done because you are not going to be changing your address on this they agree. You can not leave Victoria without permission, and you must obey the lawful instructions of the secretary or the delegate, and that is the person - the Community Corrections Officer.
173 Now you must be under the supervision of a Community Corrections Officer for two years. That is one I have put in. You must undergo assessment and treatment, including testing for drug and alcohol abuse or dependency. You must undergo treatment and assessment that is at a residential facility for withdrawal or rehabilitation for alcohol or drug dependency. You must undergo programs or courses aimed at addressing factors relating to the offending as directed by the regional manager.
174 So in other words during the next two years you have to be tested for drugs and alcohol. You have to comply with what they say you do, and also with the Community Corrections Officer, all right.
175 Now it gets tough sometimes for people. A lot of people just find it really hard. If you do talk to them about it Mr Alaoui, if you go off, because it is an armed robbery, and because it is a sawn off shotgun, you are going to get a warrant for your arrest as quickly as all get out, and really I will have to put you in Port Phillip. That is the way it will go.
176 Because Mr Kontochristos, you see he has had a term of imprisonment, but also what is a really important condition is that you abstain from alcohol. Now that is not illegal, but I have considered that if you drink you breach the order, and I will re-sentence you to prison. I am making that really clear, that you breach this, and because of the seriousness of the offence, and you have heard what the prosecutor said, and that would be the normal position of the prosecution, you go to prison for this.
177 So you do not get a second - I am making it clear, you do not get a second chance, all right. Now have I - have you got a copy of that? Thank you Mr Lawrence, could you come forward and sign that please. Has your client read that document yet?
178 MR TIWANA: Your Honour not this document, no.
179 HER HONOUR: Would you sit down and read it.
180 MR TIWANA: Yes.
181 HER HONOUR: I want you to make sure it is explained to you before you sign it.
182 MS GUESDON: Perhaps while they are doing that Your Honour I will hand up the 464ZF orders.
183 HER HONOUR: Excellent, thank you.
184 MS GUESDON: I don't know if Your Honour needs to put on the record that the disposal and forfeiture orders were made, we have the signed copies that - - -
185 HER HONOUR: No that's - don’t worry.
186 MS GUESDON: That's all right.
187 HER HONOUR: Everything I say is taken down, and used for and against me, so.
188 MR TIWANA: Your Honour can I just query just one matter for my own benefit?
189 HER HONOUR: Sure.
190 MR TIWANA: Assume he - he's indicated that he intends to remain at Refocus.
191 HER HONOUR: Yes.
192 MR TIWANA: And they'll find a way of funding it.
193 HER HONOUR: Yes.
194 MR TIWANA: And he will try and find employment at some stage as well.
195 HER HONOUR: Yes.
196 MR TIWANA: If let's say towards the end of the year or early next year, Refocus says you've completed the course satisfactorily.
197 HER HONOUR: Yes.
198 MR TIWANA: Then he's obviously free to - I take it there's nothing restricting him from then leaving?
199 HER HONOUR: Yes.
200 MR TIWANA: Yes.
201 HER HONOUR: He must - he can only transfer to Sharc. That's it.
202 MR TIWANA: Yes, I understand that Your Honour, but assuming Refocus says that you've completed everything satisfactorily, and he remains at Refocus until all the program is completed.
203 HER HONOUR: Yes.
204 MR TIWANA: What is the position then, can he then - he can leave the facility and - - -
205 HER HONOUR: No.
206 MR TIWANA: All right, that's - - -
207 HER HONOUR: Well you might have to come back to court, because I want him in a residential rehab for two years.
208 MR TIWANA: For two years. All right.
209 HER HONOUR: Because that's what was put to me.
210 MR TIWANA: Yes.
211 HER HONOUR: And at a lower level of - it won't be as intense at Sharc.
212 MR TIWANA: Yes.
213 HER HONOUR: Because what is proposed is that Refocus is very intensive.
214 MR TIWANA: Yes it is.
215 HER HONOUR: And you just don't go straight out into the community after that, he then goes to Sharc, and I've taken from what the witness said, is that he then has to learn to cope with the community life, that isn't all done for him, which is at Refocus, so he'll then progress to Sharc, and then when he finishes there the two years will be up, but I don't want him in the community for two years.
216 MR TIWANA: Yes.
217 HER HONOUR: It's as simple as that.
218 MR TIWANA: So he could, if he wanted to he could spend the two years at Refocus, if he was able to, yes.
219 HER HONOUR: Well yes I suppose so, but I think that the next level at Sharc might be preferable.
220 MR TIWANA: Yes.
221 HER HONOUR: I'll leave it to those at Refocus.
222 MR TIWANA: Yes Your Honour.
223 HER HONOUR: Because then he's moved down at a less intense level, which will equip him better for dealing with the stresses in the community.
224 MR TIWANA: Yes, thank you Your Honour, I just wanted to clarify that. Obviously the abstinence from alcohol is for the duration of the order.
225 HER HONOUR: I would've thought he might do it for the rest of his life if he doesn't want to go to prison. It's up to him,
226 MR TIWANA: He has no intention of drinking Your Honour, yes thank you.
227 HER HONOUR: Very well. I've signed that, but before I do could you stand up again Mr Alaoui.
228 I have just signed an order which is seeking a forensic sample. All right, and I have made the order on the basis of the serious - I have to tick boxes, the seriousness of the offending, the order is not opposed, and the granting of the order is in the public interest. Now what this - you will have this explained to you later, but what you will - it says you have got to go to the Prahran Police Station, and it is four weeks from today, and you will have to be taken there. It says in the document, you will be handed this, to undergo a forensic procedure for the taking of a scraping from the mouth, and/or a blood sample.
229 Now it is so you will be on the DNA databank. Committing an armed robbery like that, it is necessary. Now this is authorising the police to take the sample from your mouth, and it is like a big cotton bud, they just scrape the inside of your cheek.
230 The alternative of a blood sample is on the basis that when people resist they could bit the policeman, it is as simple as that, and harm him. So a blood sample is the alternative, but I am sure you will not. So you understand what all that is about, I will hand those down. Madam associate that is the DNA.
231 Now I have signed this order that sets out the duration. It also sets out what is expected of you. There is a transcript of everything that is being said in court. So everything I have said to you is on transcript. Now is there anything you do not understand Mr Alaoui?
232 OFFENDER: No Your Honour.
233 HER HONOUR: So what we will do is we will have a copy of this - there is only one, so there will be a copy, if you could all wait, there will be a copy. Mr Lawrence, my tipstaff will make one for the Crown, for the defence, for your lawyers, and one for you, and your mother. I'll ask your mother, if you could give one to Refocus madam, so they have one.
234 So if you could do a number, if you could do one for the Crown, one for his lawyers, one for Mr Alaoui, one for his mother, and one for Refocus. Now there's two pages in this, because for some reason at the top of the page they have my signature, well I've done it there as well, just in case it ever - a suggestion it wasn't signed by me.
235 MS GUESDON: Your Honour just before Your Honour finishes.
236 HER HONOUR: Yes.
237 MS GUESDON: There's one place where Your Honour did not sign. Just missed on one but not the other, which is there in the middle of the page, which is the actual order for the sample.
238 HER HONOUR: Did I sign those on the others?
239 MS GUESDON: Yes.
240 HER HONOUR: Well I apologise for that, because this is one of the few occasions the Crown instructor puts the date in, normally they don't do anything, so he's done a very comprehensive job, which is always appreciated.
241 Now is there one for the accused, of those?
242 MS GUESDON: We can make a copy.
243 HER HONOUR: Sorry?
244 MS GUESDON: We can make a copy for him, I don't know - the original gets sent - - -
245 HER HONOUR: Because he's at a rehab - - -
246 MS GUESDON: One of the originals get sent to the police station, but he could probably take a - - -
247 HER HONOUR: But I'd like those at Refocus to have confirmed what he's saying you see. So madam associate if you could perhaps hand to Mr Lawrence the court copy of that 464 order I have made, and that can be handed to Mr Alaoui too to hand to Refocus. So if you can just do one copy of that Mr Lawrence. Just so you can confirm you have to go there, all right.
248
Now if there no other - thank you very much, and good luck
Mr Alaoui. Thank you madam, ten o'clock.
- - -
(See Prosecution Opening attached)
Indictment No. C1208381
County Court Ref No. CR-12-00899
CR-12-00898
IN THE COUNTY COURT
OF VICTORIA
AT MELBOURNE
| DIRECTOR OF PUBLIC PROSECUTIONS v. PETER KONTOCHRISTOS and ANTONIE ALAOUI |
SUMMARY OF PROSECUTION OPENING UPON PLEA
Date of Document: 1 August 2012
Filed on behalf of: Director of Public Prosecutions
Prepared by: Amina Bhai
Craig Hyland
Solicitor for Public Prosecutions Solicitor’s code: 7539
565 Lonsdale Street Tel: 9603 7666
MELBOURNE VIC 3000 Ref: B Nankin
The offender, Antonie Alaoui, was born on 24 October 1989. He is currently 22 years old and was so at the time of the offending.
The offender, Peter Kontochristos, was born on 7 January 1991. He is currently 21 years old and was so at the time of the offending.
Alaoui lived at Burwood East with his extended family. On Sunday 11 March 2012 some of his friends, including Kontochristos, had a barbeque at the home. Kontochristos remained at the home after the other friends had left.
In the early hours of Monday 12 March 2012, Alaoui and Kontochristos left the home. Alaoui was driving his mother’s navy blue Renault Scenic.
At about 5:45 am, Alaoui and Kontochristos, drove west along Dandenong Road, Malvern East. The victim, Steven Birch, was in front of the Renault, driving his black Nissan Skyline.
The victim stopped at a red light at the intersection of Belgrave Road. Alaoui changed lanes and stopped the Renault to the right of victim’s car.
Kontochristos got out of the car and approached the driver’s door of the victim’s car. The victim had his window down. He heard Kontochristos say ‘get out of the car or I’ll shoot you’. Kontochristos was pointing a double barrelled shot gun through the driver’s side window of the car towards the victim’s head.
Kontochristos put his hand through the driver’s side window and tried to take the keys from the ignition. The victim got out of the car and walked towards the rear of the Renault.
Kontochristos looked at the victim and yelled ‘Don’t look at me, get off the phone’. By that time, Kontochristos had pulled the hood of his jumper over his head.
Alaoui drove away in the Renault. Kontochristos followed him by driving the victim’s car.
Immediately after the offender drove away, the victim called ‘000’. He provided police with the registration number of the Renault.
Kontochristos’s licence had been cancelled and he was disqualified from driving for six months from 31 December 2011.
[Kontochristos: Related summary offence – drive whilst disqualified]
Kontochristos returned to Alaoui’s home just before 6 o’clock that morning (12 March 2012). He parked the victim’s Skyline in the driveway. Kontochristos spoke to Alaoui’s mother. He was panicking and repeatedly asked where Alaoui was.
Alaoui’s mother called Alaoui and he said that the Renault was driving slowly and he was almost home. Not long afterwards he arrived home and parked in the driveway.
At about 8:00 am Kontochristos sprayed the skirt on the left hand side of the Skyline with blue spray paint. As he was doing this he told Alaoui that he had seen an undercover police car drive across the top of the street. He told Alaoui to go and look.
Police had attended Alaoui’s house as their checks revealed that the Renault was registered to Alaoui’s mother. Police observed both the Renault and the Skyline parked in the driveway. The rear of the Skyline was covered by fabric which the victim had had in the car.
Police had pulled over a few houses down from Alaoui’s house. They were waiting for assistance. As they waited, Alaoui walked out of the driveway. He was arrested by police.
Police then walked towards the house. As they did, Kontochristos turned and ran. He ran into the house yelling ‘cops’. He ran out into the back yard and hid behind a water heater. He was located and arrested.
The shotgun used by Kontochristos in the armed robbery was located hidden behind pot plants in a vegetable garden at the rear of the house. A single shotgun round was in the firearm.
[Kontochristos: Charge 4 – possess general category handgun]
[Kontochristos: Related summary offence – possess ammunition without licence]
Police conducted a search of Alaoui’s bedroom. They located:
· Registration plates ‘GTST32’ belonging to the victim’s Skyline.
· Eight shot gun shells.
· A sword, a machete, a meat cleaver and a serrated knife.
[Alaoui: Related Summary Offence – possess controlled weapon without excuse]
· A number of plastic zip lock bags containing cannabis.
[Alaoui: Charge 2 – possess drug of dependence]
· A plastic bottle labelled ‘Karma 2’ containing 43 Alprazolam tablets.
[Alaoui: Charge 3 – possess drug of dependence]
The offenders were taken to the Prahran Police Station were they were interviewed. Both offenders made no comment in relation to the armed robbery.
Plea of Guilty:
Both accused were committed to this court at the committal mention on 4 June 2012.
It is acknowledge that the plea of guilty was entered at the first reasonable opportunity.
Section 6AAA Sentencing Act 1991 applies.
Pre-sentence Detention:
The offender, Alaoui, was in custody from his arrest on 12 March 2012 until granted bail on 30 April 2012. He has served 50 days pre-sentence detention.
The offender, Kontochristos, has remained in custody from his arrest on 12 March 2012. As at, but not including 6 August 2012, he has served 148 days pre-sentence detention.
Maximum Penalty:
The maximum penalties are:
· Armed robbery: 25 years imprisonment
· Possess drug of dependence: 400 penalty units and / or 6 months imprisonment.
· Possess drug of dependence (alprazolam): 30 penalty units and / or 1 year imprisonment.
· Possess unregistered general category handgun: 7 years imprisonment.
· Possess controlled weapon without lawful excuse: 120 penalty units or 1 year imprisonment.
· Possess ammunition without licence: 40 penalty units.
· Drive whilst disqualified: 30 penalty units or 4 months imprisonment.
Applications:
Forensic Sample: Application is made for a forensic sample pursuant to s.464ZF(2) Crimes Act 1958.
Disposal: A disposal order is sought in relation to the exhibits seized.
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