Director of Public Prosecutions v Nazari

[2025] VCC 1315

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 24-01825

DIRECTOR OF PUBLIC PROSECUTIONS

v

MOHSEN NAZARI

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JUDGE:	HER HONOUR JUDGE ELLIS
WHERE HELD:	Melbourne
DATE OF HEARING:	26 August 2025
DATE OF SENTENCE:	9 September 2025
CASE MAY BE CITED AS:	DPP v Nazari
MEDIUM NEUTRAL CITATION:	[2025] VCC 1315

REASONS FOR SENTENCE

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Subject: CRIMINAL LAW SENTENCE

Catchwords: Aggravated Burglary, False Imprisonment, Family Violence

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

Cases Cited: Bugmy v R (2013) 302 ALR 192; R v Verdins & Ors. (2007) 16 VR 269; DPP v Meyers (2014) 44 VR 486.

Sentence: 5  years and 4 months Imprisonment, with a non-parole period of 3 years and 8 months imprisonment.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Angela Liantzakis	Director of Public Prosecutions
For the Accused	Ms N. Freijah	Giorgianni & Liang Lawyers

HER HONOUR:

1Mohsen Nazari, you have pleaded guilty to:

·One charge of aggravated burglary contrary to s77(1) of the Crimes Act 1958 which carries a maximum penalty of 25 years' imprisonment;

·One charge of false imprisonment contrary to common law which carries a maximum penalty of 10 years' imprisonment;

·One charge of intentionally cause injury contrary to s18 of the Crimes Act 1958 which carries a maximum penalty of 10 years' imprisonment.

Circumstances of the offending

2The circumstances of your offending were set out in a Summary of Prosecution Opening tendered as Exhibit A.[1]

[1] Summary of Prosecution Opening dated 27 January 2025.

3At the time of the offending you were aged 38 years. You had been in a relationship with the victim Lucinda Fellows,[2] then aged 33 years, since May 2021 but the two of you had recently separated. There had been reports of family violence within the relationship since December 2021.

[2] A Pseudonym.

4On Wednesday 3 April 2024 at approximately 12:00 pm, the victim walked into her lounge room and saw you standing there with a large steel chain in your hand. She had just come out of the shower and was still naked. You told her the chain was going around her neck.

5You directed the victim to sit in a massage chair and refused to allow her to dress. You told her not to move. The victim complied. You secured the chain around her neck with a padlock.

6You directed the victim to sit in a massage chair and refused to allow her to dress. You told her not to move. The victim complied. You secured the chain around her neck with a padlock.

7You asked the victim help you find a female Persian singer who looked like a friend of yours. You had a pair of tweezers in your hand and threatened to use them to poke her eyes out if she did not comply within half an hour. You said that if she could not find the singer, she would not need her eyes.

8The victim called the Monash Hotel four times trying to locate the singer. She was distressed and at one stage burst into tears. You were heard telling the victim to hang up and call again. You then sat behind the chair, wrapped your legs around the victim and started pulling the chain around her neck. At 12:50 pm you made a phone call via WhatsApp to your mother, Maryam Nazari using the victim's mobile phone. Your mother resides in Iran and does not speak English, but you were showing her what you were doing to the victim and your mother was screaming at you in Persian.

9Your mother then contacted your friends who live in Melbourne upset and crying. She said 'Please help Mohsen. Please help the girl' and pleaded with them to attend the victim's home to check on her but initially they were reluctant to get involved. Your mother then contacted her other son who lived in South Australia, and your ex-partner, who both called police.

10After the call to your mother, you began hitting the victim with open hands on both sides of her face. You told her to come and sit on the kitchen floor with you. You then wrapped another smaller chain around her wrists securing them with a padlock. Her hands were behind her back and she could not do anything. You wanted her to start 'woofing' like your personal dog. You then stopped assaulting her and began to ramble about religion and dead people screaming under the house, telling her you wanted her to dig a hole under the floor. You told her that she was not Lucinda but someone else and that she was going to die anyway. You continued to ramble about other people at her stepfather's house that wanted to kill you, telling the victim that she had killed her own mother.

11You then began asking the victim questions and hitting her if you did not like the answers. You gave her water saying this is what Muslims do before they kill people, and how quickly you would take her eye out if police arrived. At that point you tightened the chain around her neck and started choking her approximately six times. On the last occasion she lost consciousness. She woke to you slapping her hard on her stomach and legs.

12You forced the victim's head into the vinyl floor multiple times. You said, 'I'm not going to kill you I am just going to make you disabled and in incredible pain.'

13You headbutted the victim about 10 times and you hit her back, and on the back of the head with a broken red broom while she was face down on the floor and on her knees. You forced your knee into her back on multiple occasions.

14At some point you began wrestling and the victim managed to slip out of the chains on her wrists. At 5:12 pm you took two photographs of the victim and sent them to your mother. The victim was naked in these photographs with apparent injuries to her face and a steel chain around her neck.

15Eventually Ms Fellows convinced you that the people under the floor were at her stepfather's house and you led her by the chain into her front yard. You put a ripped white T shirt over her face because you did not want anyone to see her. You then took the T shirt off her face and used it to choke her. The victim's front yard is surrounded by a high fence with two access gates. She was still naked and you were only wearing underwear. She pleaded with you to give her something to cover herself. You were rambling about taking a gun, which you never had, to her stepfather's house because all these people were waiting there to get you.

16When you turned back towards the front door, the victim pulled the other way on the chain and you both ended up on the ground. She started calling out for help. You both wrestled between the front door and the gate and she scraped her knees in the process.

17You put your hand over Ms Fellows' mouth and nose to muffle the noise. You were trying to choke her and saying you would snap her neck. You started telling her to calm down. The victim was struggling to breathe and could not calm down. You had your hand around her neck and she asked you to move it so she could breathe. You were on top of her preventing her from getting up and you made her promise that she would behave before you got off her. You also told her that if she left, you would take everything that was important to her including her phone, that you would give all her documents to the police and then pour hot water on your face to make it look like she had attacked you first.

18You got up and at that time the victim heard someone call out your name. It was your friends who had arrived at approximately 5:40 pm after multiple calls from your mother and after seeing photographs of the victim. As you went outside the front gate to speak to them, the victim found some clothing and escaped via the side gate, walking to her stepfather's house that was around the corner.

19After you realised that the victim had left, you left the scene and you were unable to be located. You still had the victim's mobile phone with you and other possessions belonging to her (uncharged act).

20Your friends flagged down a passing police car and showed police a photograph of the victim. Meanwhile she and her stepfather were on the way to the police station when they spotted the same police car and approached them.

21Ambulance Victoria attended and assessed the victim's injuries. She was taken to the Alfred Hospital and discharged on 4 April 2024 against medical advice. She was referred to the forensic medical examination some 19 hours later and the following injuries were noted:

·Abrasions to the top and right side of the scalp, forehead, back, left foot, left wrist and a large abrasion on the front of the neck.

·Multiple scratches and bruises behind the right ear, under both right and left ear, on both left and right cheek, on the upper lip, under the jaw, on the chest, right upper arm, both hands, right wrist, both knees, left ankle, the back and a large bruise on both the left and right upper shoulders and on the lower back.

·Swelling and bruising next to the right eye, right side of forehead, around the left eye and around the right eye which she was unable to open

·Bleeding in the left ear, left eye and bleeding and swelling of the tongue.

22Despite recommendations that she return to emergency, the victim chose not to go back.

23On 11 April 2024 you were arrested in South Australia. You were in possession of the victim's phone and you also had a glass pipe. You were ultimately extradited to Victoria on 29 April 2024. You were not interviewed in relation to this offending.

Prior Criminal History

24You come before the court with a relevant but not extensive prior criminal history.[3] On 10 June 2022 the Moorabbin Magistrates Court issued an interim family violence intervention order where the victim was the protected person. You were charged with contravening this order and an unlawful assault against the victim arising from an incident on 6 August 2022. You were ultimately sentenced on 13 June 2023 to 14 days' imprisonment and time held in custody being 25 days reckoned as time served.[4]

[3] Prosecution Sentencing Submissions dated 25 August 2025, 5 [17]-[19] (‘Prosecution Submissions on Plea’).

[4] Ibid.

25After another unlawful assault on the victim on 25 March 2024, a warrant was issued for your arrest which was outstanding at the time of the current charges. You were convicted and fined $1,000 on 7 January 2025 by the Moorabbin Magistrates' Court.[5]

[5] Prosecution Submissions at Plea 5 [15]-[17].

Procedural History

26You have been in custody since 11 April 2024. After a series of committal mentions you entered a plea of guilty on 22 October 2024 and the matter proceeded by way of straight hand up brief. A plea hearing listed in February this year was adjourned, eventually taking place on 26 August 2025

Victim Impact

27Ms Fellows has prepared a Victim Impact statement.[6] She describes the profound impact that your offending has had on her. She feels unsafe in her own home, is constantly triggered by noises and feels anxious and scared. When returning home to an empty house it can take her a long time to feel safe enough to walk into the home. When she is out in public, you are always in the back of her mind. She does not sleep well, and she experiences a lot of nightmares. As a result of you strangling her, she has trouble with the nerves in her arms and hands and her hands have become swollen and numb. For a period of time she was unable to reside in her own home and moved in with her stepfather.

[6] Victim Impact Statement by Lucinda Fellows, dated 25 February 2025.

28Without her phone, she lost track of what bills needed to be paid and she still struggles today from the fallout of this. She notes that it has been difficult to get back to normal to being the person she was before. She is constantly reminded of the of the crime and feels like she cannot talk to anybody about what happened. She does not know how she will get back to normal and feel safe again.

29Personal Circumstances

30Turning now to your personal circumstances which were set out in psychological reports prepared by Dr Prashant Pandurangi[7] and Gina Cidoni.[8]

[7] Psychiatric Report authored by Dr Prashant Pandurangi dated 24 August 2025 (‘Psychiatric Report’).

[8] Psychological Report authored by Gina Cidoni dated 23 August 2025 (‘Psychological Report’).

31You were born in Tehran, Iran and are the youngest of four children. Your father worked as a jeweller and your mother was a homemaker. Although in an earlier report you described a good relationship with your parents, you noted to Dr Pandurangi that you were severely physically disciplined by your father. You had previously reported in 2015 several incidents of physical abuse perpetrated by your father including him burning your face with the soldiering rod and breaking your little finger multiple times as well as beating you with a belt. In your consultation with Gina Cidoni, you noted that he was strict but that you have a strong bond with him, and that he was in hospital at the time of that 2024 report.

32You were reportedly recruited to Basij, a paramilitary militia with the Islamic Revolutionary Guard Corps in Iran, between the ages of 10 and 15. You reported being abused by the Mullah's and Basij leaders. You reported witnessing other children and members being abused and that the abuse was recorded while you were threatened not to leave the Basij or the recordings would be leaked.

33In terms of your education, you previously described having enjoyed school with no behavioural difficulties, reporting that you had completed a Bachelor in Accounting. However, you reported to Dr Pandurangi that you were noisy and restless at school and regularly involved in fights. You clarified that although you were enrolled in an accounting degree, you did not finish the course.

34At the age of 20 you served in the army for approximately two years during which you were exposed to several traumatic events including killings and bombings. You were reportedly gaoled for two months for threatening your superior officer and participating in protests against the regime. You came to Australia in 2013 to seek asylum having travelled to Indonesia and then by boat to Australia. You were held in detention for several months following which you were granted a safe haven visa. You reportedly embraced Christianity after arriving in Australia.

35In Australia you attended TAFE studying civil construction and doing odd jobs including working at a car wash and as a machine operator. Long term employment included working in fencing for approximately four years which ended after you sustained back and shoulder injuries. You received workers compensation until June 2020.

36You have had some serious relationships and told Dr Pandurangi that you remain in contact with an ex-girlfriend with whom you ultimately plan to live as a carer. You reported to Dr Pandurangi that during your relationship with the victim the two of you had used drugs together.

37Your parents still reside in Iran. Your father is unwell with a serious heart condition. Currently your main support is your brother.

Mental health

38As I have said, two reports have been tendered on your behalf. A report from psychologist Gina Cidoni dated 23 August 2024, and a report from psychiatrist Dr Pandurangi of 25 August 2025, who has had reference to extensive earlier psychiatric material.

39According to Dr Pandurangi, your documented psychiatric history includes treatment at Foundation Health, seeing a private psychiatrist following a work injury, attending emergency departments at Dandenong Hospital and Monash Medical Centre and hospitalisation to the psychiatric unit at the Alfred Hospital. You have also been receiving mental health treatment whilst in custody.  Notes from those records as seen by Dr Pandurangi are set out in his report. It seems the opinion of previous clinicians who treated you for several years have raised the possibility that you suffer from a personality disorder.

40It is noted that in May 2023 you were assessed as acutely psychotic when you were remanded in custody following offending against your partner, with no mental health follow up upon release.

41You reported to Dr Pandurangi that between June 2023 and May 2024 you were living with the victim and regularly using methamphetamine and occasionally GHB. You were non-compliant with psychotropic medications and had no community mental health follow up. You reportedly cannot recall most of the offending itself noting that you were hearing voices leading up to the offending that were telling you that your girlfriend was 'stealing names and details of several people and had kidnapped 150 people'.[9] You appear to have some recollection of the offending however, as you recalled choking the victim and asking her to call a local pokies venue to contact a singer.

[9] Psychiatric Report, 11 [43].

42Dr Pandurangi considers that you would meet the criteria for a diagnosis of Post Traumatic Stress Disorder.[10] He also considers it quite possible that at various stages you would have met the threshold for a diagnosis of a Major Depressive Disorder noting previous treatment.

[10] Ibid, 15 [56]

43He considers that a diagnosis of a Bipolar type 1 disorder with psychotic symptoms is likely. However you did not present with manic or psychotic symptoms during your interview with him, but are reportedly receiving appropriate psychiatric treatment. Noting that you have a history of substance misuse, in part to cope with psychological distress, this has clearly led to a deterioration in your mental health and precipitated a relapse of your illness. However, Dr Pandurangi does not believe that your underlying mental illness is causally related to illicit drugs.[11]

[11] Ibid 17 [59], [61]

44He is of the view that at the time of this offending you suffered a relapse of your mental illness in the context of being non adherent to medication and using illicit drugs. Your offending appears to have been significantly driven by your underlying psychotic beliefs which included bizarre beliefs, persecutory beliefs and auditory hallucination. In Dr Pandurangi's view, having regard to the state of mind that you were in at the time, your judgement would have been significantly impaired and it would have affected your ability to make calm and reasonable decisions about your conduct and affected your understanding of the wrongfulness of this conduct.[12]

[12] Psychiatric Report, 17 [63].

45Dr Pandurangi notes that the Justice Health records indicate that your mental health conditions have rendered your incarceration more onerous compared with others who do not suffer from your condition. The availability of general psychological treatment is limited in a custodial setting and depends on the prison at which you are placed. He considers you remain vulnerable to a deterioration of your mental health in a stressful custodial environment. Having said that, you have been receiving appropriate psychiatric treatment for your underlying mental health conditions whilst in custody.

46Your counsel submits that limbs 1, 3, 4, 5 and 6 of R v Verdins are enlivened.[13] In support of the submission that limb 1 is enlivened, reliance is placed on the opinion of Dr Pandurangi regarding the impact your mental health had on your ability to make calm and rational decisions.[14]

[13] R v Verdins & Ors. (2007) 16 VR 269 [26].

[14] Defence Plea Submissions dated 25 August 2025 3 [14] (‘Defence Plea Submissions’).

47Ms Freijah also refers to the report of Ms Cidoni who notes that at the time of the offending your mental state was severely compromised by your heavy substance use which significantly worsened your existing schizoaffective disorder, triggering intense delusions and hallucinations. These psychotic symptoms were not isolated, they were deeply intertwined with situational stresses including escalating conflicts in your personal relationships and unresolved trauma from your childhood.

48I note however the view of Ms Cidoni is that the methamphetamine acted as a catalyst, intensifying paranoia and delusional thinking while impacting your ability to exercise rational judgement and self-control.[15] Ultimately, she opines that this combination of psychosis, underlying mental illness and emotional turmoil created an unstable mental state driving you toward violent and erratic behaviour. Your impaired cognition and heightened emotional distress left you unable to fully comprehend or manage the consequences of your actions.

[15] Psychological Report, 7 [81].

49It is also submitted that in light of the expert reports you are not an appropriate vehicle for general deterrence and moderation of both specific and general deterrence is required.

50The prosecution submits that whilst limb 1 has some application, the mitigatory effect is reduced by the seriousness of the offending where there appears to have been some level of planning, and the impact of illicit substance use and non-adherence of prescribed medication, which in itself led to a deterioration of your mental health and precipitated a relapse of illness. I must say I agree with the prosecution on this.

51Clearly your pre-existing mental health has had a significant role to play however, had you complied with your medication and more specifically had you not taken illicit substances, this argument would have had greater force. It is difficult to disentangle your drug use from your mental health conditions that were operating at the time. I am prepared to find that limb 1 of Verdins is enlivened here given your extensive and entrenched mental health issues, however it is a question of weight, as to the extent to which it reduced your moral culpability and this must be balanced with factors for which you were responsible and which exacerbated your reaction.

52Furthermore, whilst I accept that limbs 3 and 4 of Verdins have some application, as submitted by the prosecution, general deterrence still has some role to play particularly given the prevalence of serious family violence.  Similarly, specific deterrence is also relevant.

53I accept that imprisonment may weigh more heavily upon you than an offender in normal health. As to whether or not there is a serious risk that imprisonment will have a significantly adverse effect on your mental health, Gina Cidoni noted in 2024 that your schizoaffective disorder and PTSD had been severely aggravated by the violent and unpredictable prison environment which had led to a significant worsening of your symptoms and cognitive impairments. You had been subjected to frequent threats, repeated assaults and a lack of adequate treatment.[16] The ongoing stress and fear that you were enduring in custody had led to a marked psychological decline undermining any prospects of rehabilitation and placing you at serious risk of further psychological harm.

[16] Psychological Report, 7 [84]

54Whilst I note that more recently Dr Pandurangi reports that you are receiving appropriate psychiatric treatment including medication which is said to have greatly reduced your auditory hallucinations, I accept that receiving appropriate treatment may be dependent upon where you are imprisoned and the services available to you. Bearing in mind the findings of Ms Cidoni, I am prepared to find there is a risk imprisonment will have a significant adverse effect on your mental health.

Childhood exposure to trauma

55Your counsel submits that given your exposure to extreme violence and disadvantage from a young age, that the principles in Bugmy v R have application.[17] Reliance is placed on the comments by Dr Pandurangi, who notes at paragraph 54 that your extreme life events clearly predisposed you to developing serious mental disorders including psychotic illness and mood disorders, post-traumatic stress disorder and substance use disorders.[18]

[17]Bugmy v R (2013) 302 ALR 192.

[18] Psychiatric Report, 14.

56Accepting your account, your deleterious early life experiences are likely to affect the development of a stable personality structure and would have had an enduring impact on your emotional development. He considers that you lacked emotional resources to cope with stressors which probably led to you to seeking external means such as using alcohol or drugs for assistance. You counsel submits that there is a direct link between your background and exposure to trauma and the offending behaviour.[19]

[19]Defence Plea Submissions, 3 [13].

57The prosecution agree that the report of Dr Pandurangi raises matters relevant to the principles espoused in Bugmy, although I note what are said to be some inconsistencies in accounts given as to various aspects of your life. If satisfied as to there being a sufficient evidentiary basis, the prosecution submits that Bugmy has application in a general sense.[20]

[20] Prosecution Submissions on Plea, 6 [24].

58I accept here that this is the case and I take this into account on sentence. Of course, a deprived and traumatic background must also be balanced against the need for community protection, which in this case is significant.

Prospect of Deportation

59Given that you are an unlawful citizen in Australia, your counsel no longer pursues to the same extent the submission that your imprisonment will be more burdensome for you given that you face the uncertainty associated with your prospect of deportation.[21] Whilst it seems likely that you will be deported and while I accept that this may make imprisonment more burdensome for you, I note here that as a result you are not losing the opportunity to settle permanently in Australia because this was not an opportunity that was available to you in any event, although I accept that you have made Australia your home for the last 12 years.

[21] Defence Oral Submissions, 9 September 2025.

Plea of guilty

60I take into account your plea of guilty which occurred at an early stage. It is of significant utilitarian value.  You have saved the victim from having to relive the experience and give evidence about what was a traumatic episode.  In pleading guilty, you have also saved the community the cost of a criminal trial and demonstrated a willingness to facilitate the course of justice.  It is also some evidence of remorse.

61You have expressed your remorse for your offending to Ms Cidoni, and I accept that your remorse appears genuine.[22]

[22] Psychological Report, 2 [13].

Prospects of rehabilitation.

62I consider that your prospects of rehabilitation are guarded having regard to your prior criminal history of violence against the same victim, your mental health issues for which you have previously been non-compliant and your substance abuse issues. Ms Cidoni considers you a high risk of reoffending. I also note that you appear to have few supports.

63However, to your credit you have engaged in programs whilst in custody and been compliant with medication which is somewhat promising.

Objective Gravity of Offending

64Turning to the nature and gravity of the offending.

65Aggravated burglary is a serious violation of the sanctity of the home, and crimes such as these strike directly at the heart of people's sense of security and their capacity to feel safe in their homes.  As was clarified in the DPP v Meyers,[23] all aggravated burglaries which involve confrontation and violence or threats of violence, should be viewed very seriously and this applies where the target of the attack is a person against whom the grievance is held or a domestic partner. In this case, your former partner. There are a number of factors relevant to the assessment of the seriousness of the offence.

[23] (2014) 44 VR 486 (“Meyers”) [71].

66The offending occurred in the context of family violence and a recent separation. It is unclear how you gained entry to the premises. Your intention upon entry into the victim's home was to assault her and you came prepared with a large steel chain indicating a level of premeditation. The offending occurred in the victim's home where she was entitled to feel safe. She was naked and vulnerable, having just emerged from the shower in the middle of the day.

67Your conduct once inside her home was truly appalling. However, you are not to be sentenced in relation to your conduct after entry, when it comes to the aggravated burglary charge. Apart from supporting an inference as to what it was that you intended to do when entering, the seriousness of what took place after the entry cannot affect the sentence on the aggravated burglary charge. The offence of aggravated burglary is complete upon entry. The sentence on that charge cannot involve any element of punishment for what happens after entry.[i]

68With respect to the false imprisonment, I note that you physically retrained the victim, using a large steel chain, a small steel chain and that your assaults on her involved the use of a broom and a wooden stick.

69The offending overall was prolonged occurring over a period of over five hours. The threats and violence that coincided with the imprisonment would have made Ms Fellows' confinement all the more terrifying. You will be sentenced separately for the injuries that you caused to the victim and I take care to ensure that you are not doubly punished.

70Your offending involved depraved and degrading conduct including strangling your naked victim and then calling your mother to show her what you were doing. You photographed Ms Fellows naked and chained up and degraded her by making her woof like a dog. Although you are not charged specifically with respect to the threats made to her, your threats whilst holding the tweezers, and other threats made, must have heightened her sense of absolute terror and powerless, particularly given the unpredictable state that you were in.

71As to the intentionally causing injury charge, your offending involved multiple assaults on Ms Fellows including headbutting, hitting, securing her wrists so that she was unable to defend herself, and choking her with a chain six times causing her to lose consciousness on the last occasion. Furthermore, you attempted to choke her in the front yard of her property where she struggled to breathe. There was great potential for you to cause significant and serious harm to the victim by virtue of strangling her. You were not charged specifically in relation to the risk that this posed and I do not sentence you on the basis of that, but rather on the basis of your conduct and the injuries that you caused her. Nevertheless, the fact that the false imprisonment and the assaults on her involved choking her with a chain, render the offending on each of those charges all the more serious in the context of what occurred.

72In short, the circumstances of what occurred to your victim must have been utterly terrifying for her. She suffered a number of injuries including bruising and swelling and abrasions, injuries which you photographed and distributed to family. She is observed to be naked with visible injuries to her face and a steel chain around her neck.

73Ms Freijah submits that your offending must be seen through the lens of your upbringing and personal behaviours, your complex and untreated mental health conditions. I accept that this is so, and I accept that your mental illness played a significant role. So much is apparent from the bizarre and paranoid things you were saying to the victim. But as discussed, you chose to take illicit drugs and you were non-compliant with your medication.

Proportionality and Totality

74Your conduct on this occasion was reprehensible. As I have noted, with respect to the aggravated burglary, you are to be sentenced on the basis of your intention and conduct as you entered the premises. Your conduct after your entry is the subject of the remaining charges. Your offending involved individual and serious conduct; so each offence warrants individual punishment. There is a need for the sentence to reflect the individual charges and the conduct they comprise. However, as your counsel submits, the offending occurred as part of a single episode albeit protracted episode, and there should be a degree of concurrency appropriate to satisfy the principle of totality. I must ensure that the totality of the sentences imposed for these closely connected yet separate crimes is met with a total and proportionate sentence.

75Therefore, I have both moderated to a degree the length of the individual sentences and the periods of cumulation. This is necessary to avoid a crushing sentence.

Relevant sentencing factors

76The basic purposes for which a court may impose a sentence are just punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community. Pursuant to the Sentencing Act 1991 (Vic), I am required to take into account various factors when formulating an appropriate sentence. These include the seriousness of the offence, your culpability which I consider to be high, the effect of your offending on the victim, the applicable maximum penalties and your personal circumstances. I must also have regard to principles of parsimony.

77The sentence I pass must balance the interests of the community in denouncing criminal conduct with the community's interests in seeking to ensure that, as far as possible, you are rehabilitated.

General and specific deterrence

78General deterrence is an important consideration. In DPP v Meyers the court emphasised its significance noting that 'those who might, in a mood of anger or frustration or bitterness, contemplate this kind of violent entry into the home of a former spouse or partner must realise that, if they do so, they will almost certainly spend a long time in prison.[24]'

[24] Meyers [46].

79Other members of the community must understand that serious offending such as false imprisonment, and particularly in circumstances where an individual is violated within their own home, will attract significant punishment. Furthermore, violence against women or any domestic or former domestic partner, will not be tolerated.

80In your case, specific deterrence and protection of the community are also required to be given some weight, given that this is not the first time you have been before the courts. Indeed, you had assaulted the victim within a fortnight of this attack. There is a need to protect the community here.

81Just punishment and denunciation must also be given primary consideration in my instinctive synthesis.  For avoidance of doubt, I do denounce your conduct.

82I have had regard to current sentencing practices, and was directed in particular to a number of cases by the prosecution. Of course, it is trite to say that every case turns on its own facts, and there are some features here that distinguish this offending from that in the other cases highlighted.

Submissions

83Your counsel, Ms Freijah, initially submitted that having regard to the matters in mitigation, your plea of guilty, the prospect of deportation, and your limited priors, that a combination sentence would be within range having regard to the fact you have already served a lengthy period in custody. The submission made on the plea was that a straight sentence ought to be imposed.

84The prosecution submits that a head sentence with a non-parole period is the only disposition open in this case.

85I have had regard to all of the matters. Clearly this offending warrants a term of imprisonment. I am not persuaded that a combination sentence is within range at all having regard to the gravity of the offending, even balanced against the mitigatory matters, and even taking into account time already spent on remand.  Nor would a straight sentence would not be sufficient. The only sentence is a term of imprisonment with a head sentence and a non-parole period.

86Could you stand up please, Mr Nazari.

Sentence

87Balancing all of these matters, I sentence you as follows:

88On Charge 1, aggravated burglary, you are convicted and sentenced to four years' imprisonment.

89On Charge 2, false imprisonment, you are convicted and sentenced to three and a half years' imprisonment.

90On Charge 3, intentionally causing injury, you are convicted and sentenced to 16 months' imprisonment.

Cumulation

91I order that the sentence imposed on Charge 1 will be the base sentence. I order that 12 months of the sentence imposed on Charge 2 be served cumulatively on the sentence imposed on Charge 1.  I order that four months of the sentence imposed on Charge 3 be served cumulatively with the sentence imposed on Charge 1 and on other sentences imposed this day.

92This equates to a total effective sentence of five years and four months' imprisonment.

93I fix a non-parole period of three years and eight months' imprisonment. That is the period that must be served before you become eligible for parole.

Pre-Sentence Detention

94Pursuant to s18 of the Sentencing Act 1991 (Vic), I declare 516 days' pre-sentence detention as time already served to be deducted from the sentence that I have imposed.

Section 6AAA

95Pursuant to s 6AAA of the Sentencing Act, I indicate that but for your plea of guilty, I would have sentenced you to a total effective sentence of seven years' imprisonment with a non-parole period of five years.

96Finally, I make the order for disposal in the terms sought.