Director of Public Prosecutions v Majok

[2023] VCC 2432

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

 Revised
Not Restricted
 Suitable for Publication

Case No. CR-23-00686

DIRECTOR OF PUBLIC PROSECUTIONS

v

SUZAN MAJOK

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JUDGE:	HER HONOUR JUDGE HARPER
WHERE HELD:	Melbourne
DATE OF HEARING:	23 November 2023
DATE OF SENTENCE:	20 December 2023
CASE MAY BE CITED AS:	DPP v Majok
MEDIUM NEUTRAL CITATION:	[2023] VCC 2432

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW 

Catchwords:              Attempted armed robbery – theft  

Legislation Cited: 

Cases Cited:Worboyes [2021] VSCA 169 

Sentence:Community Corrections Order, with conviction, 12 months, Order adjourned 3 months 

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APPEARANCES:	Counsel	Solicitors
For the DPP	Ms U. Ramachandran	Ms. A. Hogan, Solicitor for Public Prosecutions
For the Accused	Ms C. Khoury Ms S. Gaunt	SLKQ Lawyers

HER HONOUR:

1Suzan Majok, you have pleaded guilty before me to one rolled up charge of theft and one charge of armed robbery.

2The maximum penalty for theft is 10 years' imprisonment.  For attempted armed robbery, the maximum penalty is 20 years' imprisonment. 

Circumstances of the offending

3The circumstances of your offending are outlined in Exhibit A, the summary of prosecution opening for plea dated 14 September 2023.  I will summarise those facts now.

4On 27 November 2022 at approximately 11.51 am, you entered Celebrations at 68 Hopkins Street, Footscray.

5You walked to the wine shelf and picked up a bottle of Gossips Chardonnay and took it to the counter.

6Ms Parul Sanjta and her husband Mr Abhijeet Uppal, who worked at Celebrations, were at the counter at the time and you asked them if you could pay for the bottle later.

7Ms Santja advised that you could not pay later and that you had to pay for the bottle now.  In response, you walked out of the store with the bottle and made no attempt to pay.

8This offending was caught on CCTV footage from inside Celebrations.  You were wearing black fluffy slide style slippers, black pants, a white and grey long-sleeved shirt and carrying a red 'Savers' bag.

9Later that same day at 4.08 pm, you again entered Celebrations where Ms Santja was behind the counter.  You walked over to the wine shelf and picked up three bottles of Gossips Chardonnay and walked out of the store, again making no attempt to pay for the bottles.

10This incident was also captured on CCTV footage. You were wearing black fluffy slide style slippers, black pants, and a white crop top.

11This offending makes up Charge 1 of theft.

12On the same day at approximately 7.14 pm, you and two unidentified males entered Celebrations.  You walked to the wine rack and picked up a bottle of Gossips Chardonnay.

13Ms Santja recognised you from your two previous visits that day.  She told her husband Mr Uppal who was in the store that time about your previous thefts earlier that day of wine bottles.

14Mr Uppal then approached you and took the bottle out of your hands.

15You pushed Ms Sanjta and one of the unidentified males in a grey cap attempted to get in between you and Ms Santja.  The other unidentified male wearing a dark hooded jumper pushed Mr Uppal while he was trying to get you away from his wife, Ms Sanjta.

16The male in the dark hooded jumper then took a bottle of wine from the wine rack and left Celebrations with the other male in the grey cap.  You did not leave with them.

17You then opened your handbag and pulled out a yellow handled screwdriver and held it to the head of Ms Santja and moved it in a downward stabbing motion.

18While you did this you said to Ms Santja ‘I will kill you’.  Mr Uppal tried to protect his wife from you.

19You continued to threaten Mr Uppal and Ms Santja, whilst holding the screwdriver and making a stabbing gesture.  Whilst you did this, you again approached the wine rack and took another bottle of Gossips Chardonnay.

20You attempted to leave the store with the stolen bottle, but Ms Santja grabbed the bottle and pulled it from your hand.

21You then left the store empty handed.

22This incident was captured on CCTV footage from inside Celebrations.  You are depicted in this footage with light orange coloured hair wearing black fluffy slide style slippers, black pants, black jacket and carrying a black handbag.

23This offending makes up Charge 2 of attempted armed robbery.

Objective gravity

24Attempted armed robbery is a most serious offence.  Your actions, however, constitute a lower end example of such offending.  The rolled up theft charge is also lower end, although I note how frightening this episode must have been for the victims.

Plea of guilty

25The parties agree that your plea of guilty was entered at an early stage.  This has significant utilitarian benefit.  You have saved the court and the community the time and expense of running a trial and spared the witnesses the ordeal of giving evidence.  In those circumstances, you have facilitated the administration of justice and you are entitled to a benefit for that. 

26The utilitarian benefit of your plea is enhanced by the fact that the Worboyes [2021] VSCA 169 considerations are somewhat engaged, as your plea was entered during the tail end of the pandemic.  This results in a more pronounced amelioration of sentence than at other times.

27By your plea of guilty, you have demonstrated an acceptance of responsibility for your offending.  You have sought to downplay your role to an extent; however, I take your apparent remorse into account.

28I further received a letter of apology from you, Exhibit 9, in which you say you have moved back in with your mother who is providing a stabilising influence.  This is positive, although I note your mother resides in Queensland.  You have expressed remorse in that letter for your offending.

Personal circumstances

29You are 22 years of age, having been born in Sudan in January 2001.  You are the fourth child of seven and your family lived in Egypt for a period of time, before seeking refuge in Australia in 2005 when you were four.

30Your parents separated when you were young and you lived largely with your mother in St Albans.

31You were educated to Year 12 at Sydenham High School.

32After completing school, you worked at Chemist Warehouse on a fulltime basis for two years.  You then worked as a pick packer for four months but have been unemployed since March 2023.

33In 2021, you were the victim of a hit run motor vehicle collision, resulting in an eight-day coma.  You have not engaged with follow up neurological assessments.

34You report that your cousin was murdered in March 2023, but have not provided any further detail.  You are struggling with your grief.

35You left the family home early in 2023, to escape the expectation that you would support your mother and younger siblings.

36You have engaged with Frontyard Youth Services and have lived between homeless shelters and couch-surfing with friends. 

37You have a significant problem with alcohol consumption but will not discuss this in detail.

38You have been supported by Youth Support and Advocacy Services (YSAS) from 2 February 2022 for 12 months and again, from April to July 2023.  Your engagement has been affected by your ongoing alcohol abuse.

39I received a report dated 13 November 2023 from psychologist Daniella Kocic. 

40Your engagement with Ms Kocic was, in her words, ‘guarded and unforthcoming,’ which makes it difficult for me to give context to your present circumstances.

41Ms Kocic found that your 'risk of reoffending will be perpetuated by unstable psychosocial circumstances (i.e., homelessness, unemployment) and the absence of appropriate mental health and offence-specific intervention'.

42Ms Kocic notes that you display symptoms of complex PTSD and would find prison more onerous than would someone without this condition.  She also notes you have moderate depression and severe anxiety.

43I also received reports from Wai-Zea Man, YSAS outreach worker, Exhibits 2 and 5, a bundle of medical notes from the Royal Melbourne Hospital, Exhibit 3, a letter from Frontyard Youth Services, Exhibit 6, an email from Orange Door Exhibit 7, and a letter from Hope Street, Exhibit 8.

44These documents detail inconsistent engagement with the services made available to you, which reflects your difficulties with substance abuse.

Sentencing principles and factors

45Ms Majok, your offending was unacceptable and your vulnerable victims were targeted while simply trying to run their business.  The offence of attempted armed robbery is a particularly serious one, emphasised by the 20 year maximum set by Parliament.

46Fortunately, neither of your victims were injured when you produced the weapon and while I have not received a victim impact statement, one can well imagine what a frightening experience it must have been for them.

47You have a limited criminal history with two prior appearances, one including wilful damage and an unlawful assault and the other relating to driving matters.  Specific deterrence remains relevant.

48General deterrence looms large as others must be dissuaded from committing similar acts of violence, against innocent business owners.

49Your prospects of rehabilitation are best considered guarded in that you remain an abuser of alcohol and lack the protective factors of stable accommodation, employment and family support.  You are reluctant to engage in treatment. 

50I have also considered just punishment and denunciation.

51On 23 November 2023, I ordered that you be assessed for release on CISP bail pending sentence.  I have received a CISP assessment report dated 18 December 2023.

52The assessment determined that you are at a medium risk of reoffending.  Reference was made to your substantial alcohol consumption and your loss of employment.  You reported engagement with Ms Man, your YSAS worker and declined additional supports.

53You have expressed that you have no desire to engage with mental health and alcohol and drug treatment through CISP and were therefore assessed as unsuitable.  Unfortunately, the program is not a viable option for you. 

54I then had you assessed for a community corrections order.  You were found unsuitable for such an order, you failed to consent to the order, you have no fixed address and you intend to leave the State as soon as possible.

55You now consent to a community corrections order and have expressed this to me in court. 

56I intend to impose a community corrections order, but have it commence three months from now with the intention being that the order can be transferred to Queensland in the intervening period, if possible. 

57I also received a Forensicare Mental Health Advice and Response Service (MHARS) assessment.  Given you declined to participate in the assessment, it was of nil value.

Disposition

58Would you stand please Ms Majok. 

59On Charges 1 and 2, I direct that you be released on a community corrections order, with conviction, for a period of 12 months, to commence on 20 March 2024.

60You are to comply with all core conditions.

61You are to engage in mental health assessment and treatment.

62You are to engage in alcohol abuse assessment and treatment.

63You are to attend at the Melbourne Justice Centre within two days of today.  So before you go back to Queensland, you must attend at the Melbourne Justice Centre. 

64I am going to list this matter for a mention on Tuesday 12 March 2024 at 9.30 am, to update the progress of the transfer of the community corrections order to Queensland.

65Mr Broderson, are you avail on that date?

66MR BRODERSON:  Sorry, Your Honour, what was that date?

67HER HONOUR:  On 12 March, you or someone from your office.

68MR BRODERSON:  It would likely be the case manager at the Melbourne office.  I can certainly make myself available if Your Honour would prefer - - -

69HER HONOUR:  If someone could be available that day, - - -

70MR BRODERSON:  Certainly.

71HER HONOUR:  - - - to update on the transfer of the orders to Queensland.

72MR BRODERSON:  Certainly.

73HER HONOUR:  Thank you, I would appreciate that.  We will have the order printed.  Thank you.  Would you attend on Ms Majok with my associate - - -

74COUNSEL:  Yes.

75HER HONOUR:  - - - to have her sign that order.

76COUNSEL:  Absolutely.

77HER HONOUR:  And make sure she understands all the conditions.

78COUNSEL:  Yes certainly, thank you, Your Honour.

79HER HONOUR:  Thank you.  Thank you Ms Majok, you can be seated.

80COUNSEL:  Thank you, Your Honour.

81HER HONOUR:  So this matter will return to court for a mention on 12 March 2024.  Are both counsel available, someone will be available at that time?

82COUNSEL:  Yes certainly, Your Honour.

83HER HONOUR:  Are you available Ms Ramachandran or someone?

84MS RAMACHANDRAN:  Yes, yes, I am or someone else will be.

85HER HONOUR:  Thank you.

86MS RAMACHANDRAN:  Thank you, Your Honour.

87HER HONOUR:  Ms Majok, you are free to go and you must attend on Melbourne Justice Centre - not yet?  You do not have to attend yet.  The order will be adjourned - - -

88OFFENDER:  Today?

89HER HONOUR:  No not today.  The order will be adjourned for three months.  So you have to come back to court on 12 March 2024.  We are trying to give you a chance here.  The alternative is not good, but you will have to come back on 12 March 2024 from Queensland or wherever you are living, and we will see how the transfer of the order is going and all going well, it will transfer to Queensland where you are living with your mother and you can complete the order there.  Is there anything else from either counsel?

90MS RAMACHANDRAN:  No, Your Honour.

91COUNSEL:  The only matter that I just wanted to confirm, so it's not a case that she does need to report within the two days?

92ASSOCIATE:  (Indistinct words), two days after - - -

93COUNSEL:  Two days after, yes very well.  I'll make that clear to her.

94HER HONOUR:  Yes, thank you.

95COUNSEL:  Yes, thank you, Your Honour.

96HER HONOUR:  If you can make that clear.  I thank Mr Broderson for his assistance, and I thank both counsel photograph their assistance.  Thank you, we will adjourn the court.

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