Director of Public Prosecutions v Koudos
[2024] VCC 285
•13 March 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-22-02321
CR-21-02191
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| GEORGE KOUDOS |
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JUDGE: | HER HONOUR JUDGE ELLIS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 6 March 2024 | |
DATE OF SENTENCE: | 13 March 2024 | |
CASE MAY BE CITED AS: | DPP v Koudos | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 285 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: two charges of common law assault – one charge of sexual assault – plea of guilty following sentence indication –
Legislation Cited: Crimes Act 1958 (Vic); Sentencing Act 1991 (Vic); Criminal Procedure Act 2009 (Vic)
Cases Cited:Stalio v The Queen(2012) 46 VR 426;
Sentence: One charge of sexual assault - Community correction order for a period of two years.
On charges of common law assault - Adjourned undertaking for 18 months
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms F. Martin | Office of Public Prosecutions |
| For the Accused | Mr M. McGrath | Tony Hargreaves and Associates |
HER HONOUR:
1George Koudos, on 25 January 2024, after receiving submissions I granted your application for a sentence indication. I indicated that, should you plead guilty the charges proposed, then pursuant to s 207(1)(a) of the Criminal Procedure Act 2009 (Vic) I would impose a sentence of a specified type, that being a non‑custodial sentence with no immediate term of imprisonment. You then pleaded guilty later that day on arraignment.
2Mr Koudos, you have now pleaded guilty to:
·two charges of common law assault contrary to common law, which carries a maximum penalty of five years’ imprisonment on each charge and that is Charges 1 and 2 on Indictment No.M10173570.2; and
·one charge of sexual assault contrary to s 40 of the Crimes Act 1958 (Vic), with carries a maximum penalty of 10 years’ imprisonment and that is Charge 1 as amended on Indictment No.M10430960.1.
Circumstances of Offending
3The circumstances of your offending were set out in an Agreed Summary of Facts tendered on the sentence indication hearing and later on the plea hearing as Exhibit A.
4The charges upon which you fall to be sentenced arise from two separate indictments. As I have said, Indictment No.M10173570.2 relates to offending in 2008 and 2009 against Ms Rachel Ghattas[1], who is your former wife and the mother of your two children. Indictment No.M10430960.1 relates to offending in 2017 against Yolanda Mills,[2] who was formerly employed by you and Ms Ghattas to care for your children.
[1] A pseudonym.
[2] A pseudonym.
5You were born in October 1978 and you are now 45 years of age.
Indictment M10173570.2 – Complainant: Rachel Ghattas
6Turning to the charges concerning Ms Ghattas. Ms Ghattas was born in March 1983 and is currently aged 40. You and Ms Ghattas were married in January 2005, and your two children were born in 2011 and 2014 respectively. You separated in April 2019 and you moved out of the family home.
7Around mid-2008, you and Ms Ghattas were living in Ballarat. Ms Ghattas recalls an incident where the two of you were having an argument in the kitchen. On this occasion you were so angry that you approached Ms Ghattas putting her in fear for her own safety and that constitutes the first charge of common law assault (Charge 1 – Common law assault).
8As a result of the offending, Ms Ghattas was unable to sleep that night and the next day she returned to your second home in Melbourne via train without telling you.
9The next incident occurred in December 2009 when you were both residing in Middle Park. On this occasion you punched Ms Ghattas to her left arm, causing her pain and bruising and that constitutes the second charge of common law assault (Charge 2 – Common law assault). Ms Ghattas recalls this was on the same occasion when she attended a hen’s party in Mornington.
10During your marriage there were occasions where you would assault her causing her pain and on occasions bruising. During the relationship there were occasions when you were verbally abusive towards her calling her a stupid bitch, dumb and worthless. These are not the subject of any charges, but are relied upon by the prosecution to put your relationship with Ms Ghattas and the offending in context.
Complaint
11After you and Ms Ghattas separated, she told Darren Misquitta, Zeina Nehme and Tony Leon about how you had assaulted her in the course of your marriage.
12On 2 March 2020, Ms Ghattas attended the Malvern police station and reported that you had abused her during the marriage. The next day, being 3 March, Ms Ghattas provided a statement to police detailing allegations of the assaults.
Indictment M10430960.1 – Yolanda Mills
13Turning now to the charge concerning Yolanda Mills. Ms Mills was born in November 1988 and is currently aged 35 years. In or about 2012, Ms Mills became the nanny for you and Ms Ghattas. Ms Mills met you through a family connection.
14On Saturday 9 December 2017, Ms Mills attended a Christmas party in St Kilda West with her parents. She recalls having between five to six champagnes and white wine over the course of the evening. At some point during the afternoon, she left this party to attend a party that Ms Ghattas was hosting at your house in Middle Park. She caught an uber and arrived at your house at approximately 10.15 pm.
15Upon arriving, Ms Mills recalls drinking a gin and tonic, but cannot recall drinking any further alcoholic drinks. She recalls having photos taken on the couch with Ms Ghattas and some of her friends. Ms Mills left the party for a short period of time before returning and going to bed in your son’s bedroom. Ms Mills recalls going to bed wearing a blue denim shirt that was tucked into her high waisted black pants.
16Ms Mills remembers being woken up with you on top of her. You were on her left side whilst she was lying on her back. You had pulled her shirt out from her pants and were touching her all over her chest and stomach area and that constitutes the charge of sexual assault (Charge 1 – Sexual assault).
17Ms Mills then recalls Ms Ghattas appearing in the doorway looking over your shoulder. She recalls you and Ms Ghattas leaving the bedroom. Once you had left, Ms Mills tucked her shirt back into her pants. Ms Ghattas returned to the bedroom and placed a glass of water on the bedside table. Ms Mills then fell back asleep.
18Ms Mills woke up later that morning at approximately 6.30 am and drank the water left for her. She then went into the hallway and saw Ms Ghattas mopping the floor. Ms Mills asked for Ms Ghattas to call her an Uber as she could not find her phone. Ms Mills recalls that Ms Ghattas was 'incredibly cold' towards her that morning and she said goodbye and left.
Complaint
19Upon arriving home, Ms Mills changed her clothes and went to speak to her parents. She told them that she needed to speak with her psychologist, but did not disclose to her parents why. She attempted to call her psychologist’s office but left a voicemail as he did not answer. Ms Mills’ mother called Lifeline and Ms Mills spoke to a male and told him she had been sexually assaulted and that she did not know what to do or who to call.
20Shortly after this, the psychologist called Ms Mills and she disclosed to him that she had been assaulted and he made arrangements for Ms Mills to attend his office the next day at 9.00 am.
21Ms Mills also spoke to the police on the same day, reporting the incident but saying that she did not wish to pursue the matter further at that time.
22On 18 March 2019, during a time of difficulty during your marriage to Ms Ghattas, you sent Ms Ghattas an apology letter, detailing that you were sorry for what occurred at the Christmas party in 2017 with Ms Mills.
23On 20 May 2019, whilst Ms Mills was at home with her parents, you attended her house in the morning and said words to the effect of [Yolanda], I am here to apologise. Do you want me to leave?' You said 'I am sorry'. She told you, 'You have no idea what I’ve been through. You need to leave now' and then shut the front door. Ms Mills’ friend was staying with her at the time and heard the exchange from inside the house.
24On 22 May 2019, Ms Mills contacted the police and told them that you had attended her home. She then attended the local police station and later participated in a pre-text conversation with you. During this call you apologised for sexually assaulting her the night of the Christmas party.
25Ms Mills subsequently provided a complete statement to police on 29 May 2019 detailing the allegations against you.
26On 10 March 2020, Ms Ghattas made a statement concerning these allegations. She stated that Ms Mills had attended the Christmas party and had a lot to drink during the night, that she left the party but later returned. Ms Ghattas said she told Ms Mills to lie down in her son’s bedroom. As she was preparing to go to bed she saw you in bed with Ms Mills and asked you, “What the fuck are you doing”? You said you were just checking on her.
27That the next morning, you apologised to your wife and asked for her forgiveness.
28You later attended the police station by appointment on 11 October 2019 and you were arrested. You participated in a record of interview and provided 'no comment' responses.
Victim Impact Statement
29Both Ms Ghattas and Ms Mills have prepared powerful victim impact statements. You have read and heard how your offending has impacted each of your victims. The effects of your offending have been enormous. I will summarise each of the victim impact statements although I am conscious that in doing so I will not be able to do them justice.
30Ms Ghattas states that the emotional impact of your actions has been complex and ongoing. She has experienced a relentless onslaught of emotions including fear and anxiety. She lives in a continued state of hyperarousal, always on edge. Her anxiety is heightened when she sees you or has communication from you, which she must do given that you have children together and that you have ongoing contact with them.
31Ms Ghattas describes the fear that she felt during your marriage, walking on eggshells and constant vigilance. She experiences nightmares, flashbacks, panic attacks. Your offending has left indelible scars. She feels isolated which is compounded by the fact that her own husband caused her this trauma. Ms Ghattas experiences a deep sense of betrayal. She feels that her mental health has been impacted and she describes how this has manifested itself financially. She has installed an extensive security system which reminds her daily of her fear and vulnerability. She cannot relax in her own home. Ms Ghattas recalls having to hide her bruising or coming up with an explanation which would not implicate you. She struggles to trust anyone and has become very withdrawn from her church community given that community’s attitudes towards assault and divorce.
32Ms Ghattas’s eloquent victim impact statement is a stark reminder of the significant effect your offending has had on her. All the more so given that you were married and that despite your assaults she still sought to conceal the offending in an effort to protect you.
33Likewise Ms Mills powerfully describes the profound impact your offending has had upon her. She notes that your violation and betrayal of her, someone she trusted, has permanently scarred her. Your actions have brought about considerable pain. She lives in a constant state of shame. She is mortified by what you did and she is embarrassed and pausing there, Ms Mills should not be.
34What occurred was entirely of your own making. Your offending has robbed her of her ability to trust. Establishing intimate relationships and friendships has become extraordinarily difficult. Ms Mills experiences flashbacks and is in a constant state of hypervigilance.
35As a consequence of what has occurred she has lost the friendship of your wife and the relationship she enjoyed with your two children. She hopes that they know that she did not abandon them by choice.
36Ms Mills reflects that your offending has had a devastating effect on her and those close to her. In her words 'you cannot fathom the sheer exhaustion, the unbearable mental load and unthinkable toll this had had on my everyday life'.
37I take each of these victim statements into account. Clearly your conduct has had a long-lasting impact on each of them.
38But the impact of your offending extends further. Ms Mills’ parents also prepared a statement which illustrates how your offending against their daughter has had a vast and rippling effect. That statement was read without objection in court and you heard the words of Ms Mills’ parents. When Yolanda Mills returned home the morning after the offending she was distraught, incoherent and inconsolable. Since then Mr and Mrs Mills have experienced the anguish of seeing their daughter frightened, on edge and emotional. They feel haunted by feelings of guilt, that they failed to protect their daughter. They have supported their daughter through the aftermath of your offending and these proceedings. Ms Mills is very fortunate to have such strong support in her family and friends as she would no doubt acknowledge.
Procedural History
39This matter has had a protracted history.
40You were charged in relation to the offending concerning Ms Ghattas on 26 January 2021 and you were later charged in relation to the offending against Ms Mills on 15 February 2021. The charges concerning Ms Ghattas were committed to this court in July 2021 and you were committed to stand trial for offending against Ms Mills in October the same year. Both sets of matters involved a contested committal hearing in the Magistrates' Court where multiple witnesses were cross examined. In each case the complainants were required to give evidence and were subject to cross examination. Pausing there, I note however that the matters with which you were initially charged concerned offences which are no longer part of these proceedings.
41The matters were listed for trial in August 2022 and February 2023 concerning offending against Ms Ghattas and Ms Mills respectively. Both trials were adjourned on multiple occasions due to an active investigation into unrelated allegations against Ms Ghattas. Both sets of offending were ultimately listed for trial on 12 February 2024.
42You made an application for a sentence indication hearing which was heard on 25 January this year and you accepted the court's indication that a non-custodial sentence would be imposed.
43As I understand it, the prosecution indicated its preparedness to resolve these matters to the current charges proximate to the sentence indication hearing, having rejected an earlier attempt at resolution in September last year. Given these complexities, it is submitted that your plea hearing came at the first opportunity to the charges that the prosecution were prepared to accept upon a resolution. The prosecution as I understand it do not take issue with this submission. I am prepared to have regard to these matters when considering the timing of the plea though I note that the plea occurred following a sentence indication.
Prior Criminal History
44You have no prior criminal history.
Personal Circumstances
45I am turning now to your personal circumstances. You were born in October 1978 and you are now aged 45 years old. You are one of four children.
46Your parents immigrated from Egypt to Australia in 1971 in an attempt to seek better opportunities for their young family. Your father was a bookkeeper in Egypt but retrained as a fitter and turner in Australia and gained employment at the Holden Factory and Sims Metal. He worked until the late 1980s until he suffered a workplace injury. Your mother performed home duties whilst raising you and your siblings.
47Your older sister died at the age of 18 in 1985 in a car accident in which she was a passenger. Understandably this had a significant impact on your family. In 1990, after a motor vehicle accident your younger brother was placed in a coma for a number of months. Your father died in 2005 after suffering from lung cancer. Prior to his death, you took a number of months off work to assist with his care.
48Your mother is now 83. She has significant issues with mobility and requires a walking frame. She takes medication. You assist her with shopping, cleaning, home maintenance and you provide financial support.
49During your school years you resided with your family in Deer Park. You performed well at school, excelling academically at St Joseph’s. You were also a strong competitor in sports.
50You were involved in the local church community and you were an altar boy from the ages of seven to 16 at the St George Coptic Orthodox Church in St Albans, during which you studied the Ancient Greek and Arabic languages.
51After successfully completing year 12, you were accepted into Dentistry at the University of Melbourne and graduated in 2001. After graduation you commenced working as a Registrar Dentist at Geelong Hospital where you stayed for a number of years.
52In 2001, you met Ms Ghattas, who you married in 2005. As I have said, together with Ms Ghattas you have two children, now aged nine and 12. Ms Ghattas suffered from post-natal depression following the birth of your daughter.
53In 2005, the two of you moved to Ballarat after Ms Ghattas graduated university, and you commenced work at McKinley Dental. In 2009, you purchased an interest in the Dental Clinic and in 2014 you became the owner after the retirement of the senior partner. The clinic employed six dentists and a number of support staff.
54In 2014, you worked as the Senior Clinical Supervisor for the Latrobe University Dental School where you mentored 4th and 5th year students who were treating patients in the Ballarat Health Services Clinic.
55In 2019, you sold your dental business and worked as a contractor at Dendy Village Dental, Brighton from 2019 to early 2021. You worked here until your dental licence was ultimately suspended as a result of these charges. As a result of your licence suspension you have lost earnings of approximately $20,000 to $25,000 per month.
56Since you have been charged, you have completed a Diploma of Stock Trading and an Advanced Diploma of Stock Trading from Wealth Within.
57You have an extensive history of performing volunteer work. In particular in 2015, you became involved in the Australian Christian Dental Aid. Between 2015 and 2018, you funded approximately 15 trips to Vanuatu for yourself and other dentists and dental nurses to perform free dental services for the local community. You would frequently see more than 30 patients a day, some of them involving very extensive dental work, including full clearance of the teeth due to sepsis.
58Photographs from those trips were tendered on the plea. You have also volunteered for over a year with 'Manna4Life' where you provided food and drink to the homeless at the Kensington Town Hall. You have not been able to continue either volunteer work as a result of these proceedings. Just prior to your licence suspension you donated a considerable sum to the Coptic Hope Charity in relation to its involvement with a Fijian orphanage and medical facility. You had previously been involved in their fundraising as a Rotary member.
59Your relationship with Ms Ghattas was tumultuous, and your counsel submits that financial matters relating to Ms Ghattas's supermarket investments caused some of the arguments between you. You attempted marriage counselling but ultimately ended your relationship in December 2018. In the period following separation you had only limited access to your children. Post separation you saw a psychologist for a number of sessions to cope with the separation and lack of access. You have never been formally diagnosed with any mental health issues but reportedly felt depressed following your marriage breakdown.
60Following on from proceedings in the Family Court, you currently see your children four nights per fortnight and half of school holidays, with scope to increase your involvement upon finalising the proceedings in this court. You reside in your own home which has a mortgage. Your children attend private schools and perform well academically and are active in sports. You communicate with Ms Ghattas via 'Our Family Wizard'.
61Your counsel submits that you understand the impact that your offending has had on these two women. Indeed you have written a letter of apology for your conduct in which you acknowledge the distress caused and you reportedly take responsibility for your actions. I accept that you are ashamed of your conduct and that you are remorseful for your actions. I note however some of the comments made by the author of the community corrections assessment regarding your insight with which I will deal with shortly.
Character references
62A number of character references were tendered on your behalf. I take these into account. Your brother‑in-law describes you as being hard-working, respectable and generous. He notes that he always saw you as a loving man and considers the offending to be out of character.
63Two of your previous employees and one of their partners, each of whom have worked for you for a number of years, spoke of your hard work and the compassion and kindness you showed as an employer. They describe how they were surprised when they were informed of the offending, but that they have offered you their full support during these proceedings. One of your referees, Ms Rodgers, for example describes how highly you are regarded within the dental industry and reflects on the guidance and friendship that you have shown her throughout her career. Your referees speak of the extensive community work in which you have engaged, along with the significant efforts you have made to assist those in Vanuatu with their dental needs. You are also described as a loving father and trusted friend.
Extra-curial punishment
64As a result of these proceedings, your dental licence was suspended. The Dental Board will determine what action will be taken in the future at the conclusion of these proceedings. I understand that you are registered nationally through AHPRA via the Dental Board of Australia. The recording of a conviction may become a relevant consideration for the Board, it may be an influential one. But I cannot speculate as to what the Dental Board may do. I accept however that the uncertainty associated with your dental licence would weigh heavily upon you, as would the prospect of losing the ability to practise in a vocation in which you have worked hard to achieve success and to which you have made a considerable contribution. But this is entirely a situation of your own making.
Nature and Gravity of Offending
65I turn now to the nature and gravity of the offending. There is a theme to both sets of offending. Both involve you engaging in unlawful and disrespectful conduct against two women. The family violence perpetrated against your wife, a woman you no doubt swore to love and protect, caused her to be fearful of you. No woman or indeed anyone should feel that way about their partner. It is a sad reality that many women (and it is mainly women) live in a state of fear and walk on eggshells within their relationship. It should not be tolerated. That it escalated a year later into a physical assault shows that it was not just a once off. Ms Ghattas sustained bruising and whilst this is toward the lower end of the spectrum in terms of seriousness, it is nonetheless unacceptable.
66The sexual offending against Ms Mills is serious. She was a young woman in your employ. She was a guest at your family Christmas party and whilst in a state of intoxication she sought to rest in your son's bedroom, where you took advantage of her while she was sleeping. She should have felt safe there. You were a trusted employer and your wife had invited her to celebrate in your home. She was vulnerable both because of her state of sobriety and that she was in a sleeping state. Furthermore there was a power imbalance between the two of you by virtue of her employment. In sexually assaulting her, you violated the sense of safety that she felt.
67I accept however that there is no evidence of any pre-planning. The offending appears to have been opportunistic. It was limited to a short duration and there were no threats or weapons were involved.
Sentencing Purposes
68There are a number of basic purposes when imposing sentence. The court may have and must have regard to the need for just punishment, denunciation, protection of the community, deterrence and rehabilitation.
69I am required, pursuant to the Sentencing Act 1991 (Vic), to take into account various factors when formulating an appropriate sentence in your case. These include the seriousness of the offences, your culpability for them which in each case I consider to be high, the effect of your offending on the victims and your personal circumstances. I am to have regard to principles of parsimony and I do so.
70Here general deterrence looms large. Other people minded to sexually offend against women in this way or to assault their partners must understand that this sort of behaviour will not be tolerated. You have no prior criminal history but this does not mean that specific deterrence is irrelevant. There are two instances of offending against females albeit different in nature and around nine years apart. The court must denounce your conduct and if there is any doubt I do indeed denounce your behaviour both with respect to Ms Ghattas and Ms Mills.
Prospects of Rehabilitation
71As for rehabilitation, I accept that you have extremely good if not excellent prospects of rehabilitation based on the fact that you have no prior criminal charges, you have a history of hard work both in your profession as a dentist and within the community more broadly. You have accepted responsibility for your offending and you have the support of a number of your peers and friends, as well as the incentive to provide for your children and to be a role model. I am sure that the last thing that you want, Mr Koudos, is for your daughter to grow up in a relationship where her partner assaults her or when an employer or anybody else sexually offends against her. Likewise your son. I have no doubt that you want to set the best example for your children.
72I have had regard to the fact that the offending against Ms Ghattas occurred close to 15 or 16 years ago. The last offending was 15 years ago. I take into account the delay and the fact that had the assault matters been the subject of charges proximate to the offending, you would have been sentenced within that time frame also.
73The offending against Ms Mills also has something of a history. The charges it seems came about as a result of you apologising to Ms Mills.
74In accordance with the principles in Stalio v The Queen[3] I have had regard to sentencing practices at the time of offending with respect to each set of offending, for the purpose of ascertaining just punishment in accordance with the principle of equal justice. This is particularly so with respect to the offending against Ms Ghattas given that it occurred some time ago and this is the sort of offending that may ordinarily potentially be dealt with in the Magistrates' Court.
[3] [2012] VSCA 120; (2012) 46 VR 426.
75There has clearly been some delay in relation to each set of offending. This means that since being interviewed the offences have been hanging over your head for some time and you have been on bail, and complied with conditions of bail. There has been no further offending. During this time you have been unable to work or perform the same sort of charity work that you had previously undertaken.
Plea of guilty
76I take into account your plea of guilty and the matters raised by counsel as to the value of the plea. In accepting responsibility for this offending, you have spared both complainants and other witnesses from having to give evidence at trial. There is also a utilitarian value to your plea of guilty. You have saved the community the time and expense of two trials and thus you have demonstrated a willingness to facilitate the course of justice. In accepting responsibility you have also demonstrated remorse which bodes well for your prospects of rehabilitation.
Totality
77Given that you are being sentenced for offending over two indictments, I must have regard to totality.
Sentencing submissions
78Turning now to the submissions on sentence. The prosecution have not sought a custodial sentence. It is submitted by the prosecution that a community correction order would be within range. I have already given an indication that a non‑custodial sentence would be imposed. I have had you assessed for a community corrections order and you have been deemed suitable.
79According to Corrections you are a low risk of re-offending. In your interview, the author notes that your responses showed minimal insight into your offending. You appeared to have a poor recollection of the offending against your wife and your recollection as to the sexual assault on Ms Mills seems to be quite limited.
80Your counsel, Mr McGrath, submits that I should impose a fine rather than a corrections order. The prosecution submits a fine would be outside the range here and that furthermore a conviction is warranted.
Conviction
81Before turning to the sentence to be imposed here, I need to address the question of whether or not a conviction should be imposed. Your counsel has submitted that it is open to the court not to impose a conviction given the matters in mitigation, your circumstances and you lack of prior criminal history. The prosecution submits that a conviction is warranted having regard to the seriousness of the offending in relation to the two sets of offending.
82Section 8 of the Sentencing Act gives the court a discretion as to whether or not to record a conviction. In exercising that discretion, the court must have regard to all of the circumstances of the case. This includes (a) the nature of the offence; (b) the character and past history of the offender; and (c) the impact the recording of a conviction might have on an offender's economic and social wellbeing or on his employment prospects.
83For the reasons that I have already articulated, the offending here was serious, particularly with respect to the sexual assault. As to (b) – I accept that you are a person of good character and a hardworking member of the community.
84Your counsel has submitted that a conviction may impact upon the Dental Board's decision to allow you to continue to practice as a dentist. I have already dealt with this, and again I cannot speculate as to the impact a conviction might have, or whether a finding of guilt alone would be a sufficient basis for suspension or cancellation of your dental licence. Assuming for the purposes of s 8 that a conviction may ultimately prove to be a decisive factor (or at the very least the risk may be amplified by the recording of a conviction), I accept that there may be an impact on your social and economic wellbeing should the imposition of a conviction be determinative. Having said that, I note that you have been engaged in other fields of study and potentially employment which may provide you with a source of income.
85Your counsel has referred me to a number of sentences imposed in this court for a sexual assault where no conviction was imposed. In some instances the offending in those cases was serious, although self-evidently, no two cases are the same.
86In most of those cases however, the offender was young at the time he committed the offence and/or at the time of sentence, and accordingly rehabilitation would have assumed primacy. In one case, where the offender was older, there had been some consensual sexual acts in the lead-up to the offending which took place as the complainant’s level of intoxication had increased.
87I have taken all of these matters into account as I am required to do pursuant to s 8 of the Act. Ultimately I have come to the conclusion that a non‑conviction disposition would fail to adequately reflect the nature of the sexual offending and accordingly I intend to impose a conviction in relation to that charge.
88In relation to the common assault charges, these must be considered separately as they on a separate indictment. The offending there has some history and whilst any family violence is concerning, I accept that the offending on those charges, particularly Charge 1 is at the lower end, and so I do not propose to record a conviction on those charges. I am conscious however that a conviction on the sexual assault charge will potentially have an impact upon you but I consider that this is necessary to properly reflect the gravity of the offending and the importance of general deterrence.
89I have considered whether a fine would be appropriate in this case, particularly with respect to the sexual offending. It seems that you would be financially capable of paying a large fine.
90Having said that, a community correction order has not just a punitive element but a therapeutic one. You have no mental health issues and no issues with respect to drugs and alcohol. But you could benefit from engaging in a Men's Behavioural Change Program in order that you can gain some understanding and insight into your offending. You have acknowledged the impact on your victims but understanding why this is so is important. In the circumstances, I consider that a fine would not adequately meet the need for general deterrence, denunciation, and to some extent, specific deterrence.
91In relation to the offending against Ms Ghattas, I am prepared to consider and have considered whether or not an adjourned undertaking would be appropriate with a condition. Given the history of the offending and the nature of that offending and the fact that it occurred some time ago I am prepared to place you on an adjourned undertaking in relation to that but with a condition attached.
Sentence
Indictment M10173570.2
92Can you stand up please, Mr Koudos.
93On Charges 1 and 2 of Indictment M10173570.2, charges of common assault, you are without conviction placed on an adjourned undertaking for a period of 18 months with a condition that you be of good behaviour for that period. There will be a special condition, namely:
(a) that you must donate the sum of $2,000 to Safe Steps Family Violence Response Centre and provide documentation of this before 13 September 2025.
Indictment M10430960.1
94On the charge of sexual assault on Indictment M10430960.1, you are convicted and placed on a community correction order for a period of two years. There are a number of core conditions attached to this:
(a) you must not commit any other offence punishable by imprisonment during the two year period;
(b) you must comply with any and all obligations or requirements;
(c) you must report to and receive visits from Corrections;
(d) you must report to your local Community Corrections Centre, which I believe is in Melbourne, within two clear working days from today;
(e) you must let a Community Corrections officer know within two working days of a change of address or job;
(f) you must not leave Victoria without first getting permission; and
(g) you must obey all lawful instructions from Corrections.
95Those are the mandatory core conditions that attach to any community correction order.
96In addition to that, I am attaching a number of other conditions as follows:
(a) you are to be under the supervision of Corrections for a period of one year of those two years;
(b) you are to perform 350 hours of unpaid community work over two years; and
(c) you must undertake and complete the Men's Behavioural Change Program or equivalent as directed by Corrections.
97In a moment, Mr Koudos, you are going to be asked to sign firstly the adjourned undertaking and you will also be asked to sign the community correction order to indicate that you firstly understand the conditions and that you agree to abide by them. I need to tell you that if you fail to comply with the conditions of the community correction order, if you were to commit any further offences, if you were to fail to complete the unpaid community word, if you were to fail to complete the Men's Behavioural Change Program, there is a possibility that the matters will be brought back before me and you will be breached in relation to that community correction order. There may be a penalty for the breach itself but more importantly I would need to re-sentence you in relation to the charge of sexual assault. I am going to invite you to have a seat while the paperwork is prepared and you can sign that in a moment.
98MR McGRATH: Your Honour, there is only just one query and that is whether the hours performed under the Men's Behaviour Change Program would be - - -
99HER HONOUR: No, it is not my intention that they would be attributed to that.
100MR McGRATH: No, that is all right I just wanted to clarify that.
101HER HONOUR: Yes thank you.
102MR McGRATH: Yes certainly, thank you.
S 6AAA
103HER HONOUR: Thank you. While the paperwork is being prepared I will deal with the provisions of s6AAA of the Sentencing Act 1991. But for your plea of guilty across these two indictments, I would have sentenced you to these two charges to a term of imprisonment but it is unclear and certainly in relation to the charge of sexual assault but it is unclear whether the charges at a trial would have been the same as those to which you have pleaded guilty, so for this reason I decline to nominate the term that I would have imposed. Yes thank you.
104MR McGRATH: May I approach, Your Honour?
105HER HONOUR: Mr McGrath, yes you can approach, Mr Koudos.
106MR McGRATH: Thank you, Your Honour.
107Thank you. Yes, Mr Koudos, in signing the community correction order you have agreed to undertake and abide by the conditions and I have just explained to you the consequences if you failed to do so. If you were to fail to be of good behaviour for the period of the adjourned undertaking or if you failed to donate the amount that is required as part of the special condition there is also a possibility that the matter could be brought back before me and you may need to be re-sentenced for this offending. No doubt Mr McGrath will explain all of this to you again. Counsel, could I just confirm whether there are any matters that need correction or that I have overlooked? There are no orders sought in this case?
108MS MARTIN: No, Your Honour.
109HER HONOUR: Yes all right.
110MR McGRATH: No, Your Honour.
111HER HONOUR: Yes thank you, can I thank counsel both for your helpful submissions and assistance. We'll adjourn thank you.
112MS MARTIN: As Your Honour pleases.
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