Director of Public Prosecutions v Petrovic
[2025] VCC 718
•2 June 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Unrestricted Suitable for Publication |
Case No. CR-24-01482
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ARLI PETROVIC |
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JUDGE: | HIS HONOUR JUDGE TIWANA | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 26 May 2025 | |
DATE OF SENTENCE: | 2 June 2025 | |
CASE MAY BE CITED AS: | DPP v Petrovic | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 718 | |
REASONS FOR SENTENCE
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Subject:Criminal law – Sentence
Catchwords: Stalking – Common Assault – Use a carriage service to harass – Contravene PSIO – Trespass – Theft – Accused and victim known to each other, and communicated at times mutually and cordially, via SMS and Facebook – Stalking perpetrated by messages and calls, and two unwanted attendances at the victim’s home, one in breach of a PSIO and via an open bedroom window – Accused using ice daily at time of offending –– Dysfunctional and unhappy family environment during formative years – Long-standing and untreated drug issues – Mixed Depressive and Anxiety Disorder – Limited relevant priors – Early plea – Genuine remorse – Efforts at rehabilitation in custody.
Legislation Cited: Crimes Act 1958; Personal Safety Intervention Orders Act 2010; Summary Offences Act 1966; Criminal Code Act 1995 (Cth).
Sentence: Total effective sentence of 15 months’ imprisonment (Charge 1) and an 18 month Community Correction Order (on Charges 1, 2 and the three summary Charges) – fine of $500 (on Charge 4). A 12 month Community Correction Order in respect of the Commonwealth charge, Charge 3.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr M Weinman (Plea) Ms J Almirante (Sentence) | Office of Public Prosecutions |
| For You | Mr J Hofman | Hofman Carroll Criminal Lawyers |
HIS HONOUR:
1Arli Petrovic, following a sentence indication, you have pleaded guilty to four charges on Indictment number Q10365569.2.[1]
[1] Arraigned on 26 May 2025 following an indication given on 24 April 2025.
2Charge 1 is an offence of stalking, contrary to s 21A(1) of the Crimes Act 1958. This offence carries a maximum penalty of 10 years’ imprisonment.
3Charge 2 is an offence of common assault, contrary to Common Law. This offence carries a maximum penalty of 5 years’ imprisonment.
4Charge 3 is an offence of use a carriage service to harass, contrary to s 474(17)(1) of the Criminal Code Act 1995 (Cth). This offence carries a maximum penalty of 3 years’ imprisonment.
5Charge 4 is an offence of theft, contrary to s 74 of the Crimes Act. This offence carries a maximum penalty of 10 years’ imprisonment.
6You also consented to this Court hearing and pleaded guilty to the following three summary charges:
(a) Two charges of contravene personal safety intervention order contrary to s 100(2) of the Personal Safety Intervention Orders Act 2010.[2] This offence carries a maximum penalty of 2 years imprisonment or 240 penalty units; and
(b) One charge of trespass contrary to s 9(1)(e) of the Summary Offences Act 1966.[3] This offence carries a maximum penalty of 6 months’ imprisonment or 25 penalty units.
[2] Summary charges 5 and 7.
[3] Summary charge 9.
Circumstances of the offending
7The circumstances of your offending are set out in an agreed prosecution opening dated 3 April 2025, which was read aloud in Court.[4]
[4]Exhibit A.
8At the time of the offending, you were aged between 28 and 31 years. Your victim, Ms Lily Thomson,[5] was aged between 24 and 25. You were known to each other but were never in any form of intimate relationship.
[5] A pseudonym.
9In December 2021, Ms Thomson was at a Christmas party at her sister’s home. You were also at the party and were a friend of Ms Thomson’s then partner.
10You approached Ms Thomson and sat beside her outside. You told her she was pretty, which made her feel uncomfortable.
11A few months later, Ms Thomson invited her sister to her home. You also arrived with Ms Thomson’s sister. While there, you continued to flirt with Ms Thomson, and made comments about loving her and wanting to marry her. Ms Thomson did not reciprocate any of the feelings or comments and continued to feel uncomfortable.
12You frequently attended Ms Thomson’s home uninvited. You would leave her gifts and love notes, including flowers, photographs and sex toys.
13You and Ms Thomson were friends on Facebook at this time. You would send her naked videos of yourself using sex toys, leaving her feeling disgusted. Ms Thomson blocked you on Facebook, and for a period of time your behaviour towards her stopped.
14You stalked Ms Thomson between 21 September 2022 and 16 February 2024 (Charge 1 – Stalking).[6]
[6]Charge 1.
15On 21 September 2022, you began sending Ms Thomson messages, leaving her voice messages and attending her home.
16In October 2022, Ms Thomson was at home with her twin sons who were eight years old at the time. You attended Ms Thomson’s home and knocked on the door. Ms Thomson did not know who it was and opened the door. You pushed the door open despite Ms Thomson trying to close it. You kissed Ms Thomson on the neck which made her feel uncomfortable before leaving shortly thereafter.
17You continued to contact Ms Thomson, making phone calls to her and sending messages. You sent Ms Thomson unwanted gifts and ordered taxis and Ubers to attend her home address to bring her to you.
18By 21 September 2023, your behaviour continued to cause harm and concern to Ms Thomson. She attended the Rowville Police Station on this date, reporting your conduct to police.
19At that time, Ms Thomson also provided police screenshots of messages you had sent her between May 2022 and September 2023.
20Due to the concerns raised, police applied for a Personal Safety Intervention Order at the Ringwood Magistrates’ Court, which was granted on 22 September 2023 on an interim basis. The order contained conditions prohibiting you from having any contact with Ms Thomson.
21On 4 October 2023, the Personal Safety Interim Intervention Order was served on you and came into effect as of that date.
22On 14 November 2023, the Ringwood Magistrates’ Court made a Personal Safety Final Intervention Order with full conditions, including prohibiting you from having any contact with Ms Thomson.[7]
[7]It appears that the final order has not been served on the offender.
23On 12 September 2023 at approximately 1:25 pm, you attended an Ampol service station in Ringwood.
24At the time, you were driving a red Toyota sedan registered in your mother’s name. You filled the vehicle with about $25 worth of petrol and drove away without paying (Charge 4 – Theft).
25Between 12 and 16 February 2024, you sent Ms Thomson text messages, called her, and left audio voice notes.
26In these messages, you repeatedly expressed your love towards Ms Thomson and your inability to cope without seeing her. You said you were doing “so well” until you found out “about this new guy”. You were unable to accept that she did not want to be in a relationship with you.
27The majority of your messages were not answered. However, on 14 February 2024, after you sent a series of messages, Ms Thomson told you that she was not interested. Despite this, you continued to message and call her (Charge 3 – Use Carriage Service to Harass).
28On 16 February 2024, Ms Thomson was at home with her three-year-old niece. At 8:22 am, she received a text message from you which said, “Good morning by (sic) Lily”. [8] At 8:46 am, she received a further text message from you which said, “Your (sic) my baby” (Summary Charge 7 – Contravene Personal Safety Intervention Order). [9]
[8] Exhibit 6.
[9] Exhibit 6.
29At approximately 8:50 am, Ms Thomson was sitting in her room when she heard a knock at the front door. You appeared at Ms Thomson’s open bedroom window and said, “please baby” (Summary Charge 5 – Contravene Personal Safety Intervention Order). Ms Thomson screamed at you to leave.
30Ms Thomson heard her niece walking down the hallway and left her bedroom to protect her niece from you. You then climbed through Ms Thomson’s open bedroom window, and Ms Thomson heard her lamp break (Summary Charge 9 – Trespass).
31You approached Ms Thomson and hugged her. You told her, “remember when before I was in jail”. You kept talking about you and Ms Thomson being together. (Charge 2 – Common Assault).
32Ms Thomson tried to escape from you by pushing and kicking you, but you grabbed her tightly. She managed to get her mobile phone and called 000 whilst you were still grabbing her. You said, “don’t call them” and tried to grab the phone off Ms Thomson but were unsuccessful.
33Ms Thomson was stressed and fearful of you. She was concerned that you were going to harm her.
34Upon hearing Ms Thomson say her address over the phone, you let go of her and fled the home through the front door, crossing the road and entering a vehicle parked across the road. You drove away whilst Ms Thomson was still on the phone to police. Ms Thomson then called her partner, who arrived at the home a short time later.
35Police attended Ms Thomson’s home and spoke to her about what had occurred. Whilst speaking to her, the police observed you drive past the home in a white Holden utility at a fast speed.
36A police officer reviewed CCTV from a neighbouring property. It showed you parking a white coloured Holden utility across the road from Ms Thomson’s home, before walking up to her house. A few moments later, you exited Ms Thomson’s home via the front door before running back to the Holden utility and driving away.
37That same day, you were arrested from your home address. You were not interviewed in relation to these matters.
Impact of the offending
38I have had regard to the victim impact statement of Ms Thomson declared on 26 May 2025.[10]
[10] Exhibit B.
39Your offending has left her feeling anxious and constantly on edge. Her confidence has been eroded which has impacted upon her ability to undertake her work. As a parent, she has struggled in maintaining a normal routine and keeping the household together.
Personal circumstances
40You were born in Australia and raised by your biological parents, until they separated when you were around eight years old. You grew up with your older brother and younger sister.
41During your early childhood, you resided in Carnegie. Both of your parents were afflicted by drug use and injected heroin. Consequently, your family were poor and often went without. You recall your parents leaving you at a park while they went to score drugs. You were often neglected and left alone at home.
42Your father was violent towards your mother but never towards you and your siblings. Your father experienced periods of homelessness and would come and go from the family home while you lived with your mother. At the age of 18, you witnessed him overdose. Your father has now turned his life around. He is married and works at a drug rehabilitation facility. You have maintained contact with him.
43Your mother ceased using heroin and other illicit substances a long time ago. She never worked and was dependent on a pension. A Family Violence Intervention Order was in place for five years prohibiting you from contacting her. This order was made as a consequence of your drug habit and your mother’s desire not to have you around when using drugs.
44None of your siblings have struggled with a substance abuse disorder. You maintain contact with your brother, who is employed as a carpenter and has two children. You have had less frequent contact with your sister.
45You also have a half-brother on your father’s side who resides in Adelaide. You have not had contact with him for many years.
46You enjoyed good relationships with all your grandparents, who are now all deceased.
47You have had a few girlfriends but have never lived with anyone for a long period and you have no children.
48You completed Year 11. During your high-school years, you lived with your mother and then your father. As a student, you were easily distracted, disruptive and struggled with concentration. You did not attend school regularly. Whilst you completed Year 11, you were eventually expelled.
49From the age of 14, you began working part-time at McDonald’s and Coles.
50After leaving school, you worked for an uncle as an apprentice carpenter for some two years. This employment required you to spend extended periods away from Melbourne, working in rural areas. This isolation led you to eventually discontinue your apprenticeship. You have since worked on-and-off as a carpenter’s assistant and have acquired advanced carpentry skills over the years.
51You returned to TAFE a few years ago with the intention of formally completing your apprenticeship but withdrew from this course prior to its completion.
52Prior to your remand, you had been employed as a carpenter’s assistant, building decks, pergolas, landscaping, and doing renovation work.
53You began smoking cannabis and using ice at the age of 16 and 20 respectively. Over the last decade, you have sometimes used GHB, benzodiazepines, MDMA, ketamine and cocaine.
54At the time of your offending, you used between 0.5 and 1.0 gram of ice on a daily basis, and occasionally also used GHB.
Criminal history
55You have a criminal history dating back to 14 January 2016. You have appeared before the Magistrates’ Court on six occasions. In addition to a history of driving offences, you have five prior matters for contravening a family violence intervention order, one of persistent contravention of a family violence order, two for possession of a controlled weapon without excuse, one for possession of a prohibited weapon without exemption or approval, six for failing to answer bail and one for possessing methylamphetamine. You have received sentences including financial penalties and Community Correction Orders (‘CCOs’). On 4 October 2023, you received your first term of imprisonment. You were sentenced to 30 days’ imprisonment with a 12 month CCO for an offence of contravening a family violence order and two offences of failing to answer bail.
56I was told that all of your priors matters for contravening family violence intervention orders relate to orders taken out by your mother. You have no prior history involving dishonesty or violent offending.
Objective gravity
57All the charges you have pleaded to are serious offences as reflected by the maximum terms of imprisonment they attract. I particularly regard the stalking charge as serious. In circumstances where your victim wanted to move on without your presence in her life, you failed to respect her wishes and bombarded her with messages and calls over an extended period.
58Although the charged period in respect of the stalking is between 21 September 2022 and 16 February 2024, I bear in mind as confirmed by Mr Weinman, the stalking principally occurred between 21 September 2022 and October 2022. It then resumed on 21 September 2023 before a further break before continuing once again between 4 and 16 February 2024. Mr Weinman confirmed that the latter period in February was the most intense period where many messages were sent, culminating in your attendance at Ms Thomson’s home.
59I have had regard to the messages you sent. Mr Weinman on behalf of the prosecution, highlighted the vulgar, profane and harassing nature of some of those messages. While you may not have caused her physical harm, you made ongoing and relentless efforts to contact Ms Thomson, being unable to accept that she did not want to engage in a relationship with you.[11]
[11]Exhibit C.
60The stalking was not only perpetrated by messages and calls, but there were two occasions, in October 2022 and 16 February 2024, when you attended the victim’s home. The attendance on 16 February 2024, involved you entering the house via an open bedroom window. Having entered the house, you hugged your victim and said, “remember when before I was in jail.” These words uttered by you whilst hugging Ms Thomson give rise to the charge of common assault.
61On your behalf, Mr Hofman placed before me Facebook messages dated between December 2021 and December 2022. During this period, you and Ms Thomson engaged in mutual and ongoing communication of a cordial nature. Some of the messages exchanged are set out by Mr Hofman in his written submissions dated 2 April 2025.[12]
[12]Exhibit 1, [5] and [6].
62In these messages, you each said you loved one another.[13] Ms Thomson thanked you for flowers and chocolates and songs you sent her[14], discussed catching up with you and also requested financial help.[15]
[13] In April 2022.
[14] In February and December 2022.
[15]April 2022 and December 2022.
63Mr Hofman also placed before me phone records which demonstrate regular and mutual communication between you and Ms Thomson between 24 December 2023 and 16 February 2024.
64Whilst the Facebook messages and the call records provide some context as to the nature of your relationship, I make it plain, this does not distract from your offending conduct. There came a time when Ms Thomson, as she was absolutely entitled to do, did not want you to communicate or contact her. As you now seem to accept, you were unable to fathom that rejection resulting in your offending conduct.
65In addition, you had no regard for court imposed orders, namely the personal safety intervention order.
66Your conduct, unsurprisingly, has had a significant impact upon Ms Thomson as she has set out in her impact statement.
67In sentencing you, general deterrence assumes particular significance. Your offending conduct must also be appropriately denounced.
68In light of your prior history, the fact that some of the offending occurred whilst you were on a CCO,[16] and the extended nature of your offending involving disobedience of court orders, deterring you is also a relevant sentencing purpose. I of course bear in mind your rehabilitation and will deal with that later in these reasons.
[16]Imposed on 4 October 2023.
69In sentencing you, I bear in mind that there is considerable overlap between the offences.
Defence submissions
70I was assisted by written,[17] and the oral submissions of your lawyer, Mr Hofman.
[17]Exhibit 1 and 2.
71I accept that your pleas of guilty were indicated and entered at an early stage, involving no contested committal or trial. By pleading guilty you have saved considerable court time and resources. Importantly, you have spared the victim the distress of having to give evidence. You have taken responsibility for your actions and facilitated the course of justice.
72I further accept that your pleas of guilty demonstrate genuine remorse. I note the sentiments expressed by you to the psychologist, Mr Mackinnon. You accept that you had developed very strong feelings for your victim and found it difficult to accept her rejection of you.[18] You told Mr Mackinnon that you:
…accepted that [you] crossed boundaries and done “the wrong thing” by harassing and stalking [the victim], and accepts that they will “never have a relationship” and that [you] must move on with [your] life.[19]
[18]Exhibit 3, [27].
[19]Ibid [30].
73You also expressed remorse saying:
I am very sorry for my actions, for harassing her. I was very close with her children, I spent a lot of time with them. I hope they are all ok.[20]
[20]Ibid [65] (19).
74While it provides no excuse, you committed these offences, including sending repeated messages whilst under the influence of methylamphetamine. You have engaged in no meaningful treatment in respect of your addiction which has persisted over many years.
75According to Mr Mackinnon, you are suffering with a Mixed Depressive and Anxiety Disorder. Mr Mackinnon opines that you have been labouring with this disorder for most of your life. The origin of the depression and anxiety appears to revolve around your dysfunctional and unhappy family environment during your formative years. You have attempted to cope with the chronic depression and anxiety by self-medicating with illicit substances.
76You have now been in custody since 16 February 2024. During this lengthy period, you have been free of all illicit drug use. You have engaged in AOD programs, as well as Narcotics Anonymous. In addition, you have completed a number of courses as reflected by the certificates tendered on your behalf.[21] This has included courses centred around healthy relationships. You have been working in the kitchen.
[21]Exhibit 5.
77You told Mr Mackinnon that you wish to get your life back on track, by continuing refraining from drug use once released and getting back into employment in carpentry.
78It is clearly in your interests that you maintain abstinence from drug use in the community. This is an opportunity for you to build on what you have achieved in custody. If you are able to do so, then I accept that you have reasonable prospects for rehabilitation. Your pleas of guilty, remorse and insight into your offending also support your rehabilitative prospects as being reasonable.
79Your criminal history whilst relevant is limited. Mr Mackinnon opines that you pose a low risk of committing an offence involving an affliction of harm on another. While there is some prospect of committing similar offending, according to Mr Mackinnon, you do not pose a high risk of doing so.
80I am giving you an opportunity to seek support in the community to address your long standing issues, in circumstances where you appear to be determined to rehabilitate. The ball is very much in your court, Mr Petrovic.
81I also bear in mind totality. Since your remand in custody, you have served an additional 30 days’ imprisonment for breaching your CCO.
82I have taken into account the prosecution submissions highlighting the gravity of the offending and the pertinent sentencing purposes. Mr Weinman acknowledged your pleas of guilty, remorse and your efforts at rehabilitation in custody. He maintained that your moral culpability for the offending was high, a submission with which I do not disagree.
Sentencing
83Having carefully considered all relevant factors and circumstances, I sentence you, Arli Petrovic, as follows:
84On Charge 1, stalking, you will be convicted and sentenced to 15 months’ imprisonment.
85On Charge 4, theft, you will be convicted and fined $500.
86Further on Charge 1, stalking, Charge 2, common assault, and the Summary Charges of trespass[22] and two charges of contravene a personal safety intervention order[23], you will be convicted and placed on an 18 month CCO.
[22] Summary Charge 9.
[23] Summary Charge 5 and 7.
87In respect of the Commonwealth charge of using a carriage service to cause harassment, Charge 3, you will be convicted and placed on a 12 month CCO.
88Both orders will commence upon your release from prison and will run concurrently.
89Every CCO has core conditions that you must comply with. The core conditions are set out in a document that you will be shortly given. I am sure you are well aware of these conditions. They include a condition that you must not commit any offence punishable by imprisonment and that you must not leave Victoria except with the permission of the Secretary.
90In addition to the mandatory core conditions, the CCOs will also include the following special conditions:
· First, you must undergo assessment and treatment (including testing) for drug abuse or dependency as directed.
· Second, you must undergo any mental health assessment and treatment as directed.
· Third, you must undertake any programs that may reduce reoffending.
· Fourth, you will be subject to supervision as directed for the duration of the order.
91You must report to Lilydale Community Correction Centre within two clear working days of your release from prison.
92Arli Petrovic, you need to understand that if you were to breach the CCOs in any way, either by committing another offence or by not complying with any of the core conditions or any of the special conditions, then you could be charged with the offence of breaching the order.
93The offence of breaching a CCO itself carries a maximum penalty of three months' imprisonment. So were you to breach the order, you would need to come back to court and face sentencing for that breach offence. In those circumstances, you could also be resentenced for the offences for which you were placed on the orders. You would then face the possibility of being sent back into custody.
94There are serious consequences attached to any breach. Do you understand that?
95OFFENDER: Yes.
96HIS HONOUR: Do you also understand all of the conditions of the proposed CCOs?
97OFFENDER: Yeah, I’m aware of them.
98HIS HONOUR: I need to now ask you; do you consent to being placed on the CCOs in the terms I have outlined and to abide by all of its conditions?
99OFFENDER: Yes.
74HIS HONOUR: Thank you. You will be provided with a copy of the CCOs which set out all the conditions. Your verbal consent will be noted on the court record and is sufficient in circumstances where you are appearing by way of video link.
Section 6AAA declaration
100Pursuant to s 6AAA of the Sentencing Act, I indicate that had you pleaded not guilty and been convicted, I would have sentenced you to a term of 3 years and 4 months’ imprisonment with a non-parole period of 2 years and 3 months.
Pre-sentence Detention
101Pursuant to s 18 of the Sentencing Act, the period of 442 days of pre-sentence detention, not including today’s date, is hereby declared as having already been served in respect of this sentence.
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