Director of Public Prosecutions v Raoof

[2016] VCC 925

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR -15-02113

DIRECTOR OF PUBLIC PROSECUTIONS

v

ZAMEER RAOOF

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JUDGE:	HIS HONOUR JUDGE JORDAN
WHERE HELD:	Melbourne
DATE OF HEARING:	17 and 24 May 2016
DATE OF SENTENCE:	24 and 26 May 2016
CASE MAY BE CITED AS:	DPP v Raoof
MEDIUM NEUTRAL CITATION:	[2016] VCC 925

REASONS FOR SENTENCE

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr S. Zebrowski	Office of Public Prosecutions
For the Offender	Ms D. La Movie	Victoria Legal Aid

HIS HONOUR:

1Mr Raoof, you have consented to the provision of a forensic sample so that will require you to provide a sample of your saliva. 

2OFFENDER:  All right.

3HIS HONOUR:  I will not require you to provide a sample of blood but I need to just warn you that when they come to take a sample from you, if you do not cooperate with the authorised officer they can use force.  So it is a good idea to cooperate.

4OFFENDER:  Okay.

5HIS HONOUR:  Do you follow?

6OFFENDER:  Yep.

7HIS HONOUR:  Yes, all right you can take a seat for the moment.

8In order of maximum penalties, you have pleaded guilty to one charge of aggravated burglary which carries a maximum penalty of 25 years' imprisonment.  One charge of making a threat to kill which carries a ten year maximum penalty.  One charge of criminal damage which also carries a ten year maximum penalty and one charge of common assault which carries a five year maximum penalty.  You have also pleaded guilty to a summary charge of failing to answer bail.

9The circumstances of your offending are set out in the summary of prosecution opening and attached chronology, Exhibit A.  The photos in Exhibit B add to the facts.  The summary needs little elaboration as it speaks for itself.  Your offending was really a series of offences involving similar facts when you went on a violent rampage at your mother's residence.  It seems you were trying to get money to serve your drug addiction.  The offending was directed at your mother as well as your brother.  It was serious offending, especially given the level of sustained violence.

10Your mother and brother were invited to provide Victim Impact Statements.  They both declined.  There is, thus, no evidence before the court from them of any ongoing consequences. 

11You have admitted your criminal record.  It principally involves, from 2010 to 2014, theft from shops in order to obtain cash for drugs.  There is nothing of the violence before me in your past record.  I am informed that you breached a Community Corrections Order given in 2012 by offending. 

12Turning to matters personal to you, you are 34 years' of age.  Plea submissions on behalf of the accused set out a lot of your background, Exhibit 1.  Three recent reports from Dr Lester Walton, consultant psychiatrist had a good deal of information about your personal life, Exhibit 2.  Clearly the Verdins principles are enlivened in terms of the impact of your schizophrenic disorder being causatively linked to your offending.  Of course this mental disorder is added to by your self-induced drug abuse.

13You do have prospects for rehabilitation.  They are linked largely on the evidence to the success or otherwise of your attempts at rehabilitation in terms of illicit drug addiction.  To your credit, you have made progress in that regard over the period you have been imprisoned.

14Your counsel pointed to a number of mitigating factors in Exhibit 1 and in oral submissions.  I take these into account.  Your early plea does indicate remorse as do some very early comments you made to police.  You have saved the community the time and expense of a trial and witnesses the ordeal of giving evidence.  Your difficult background circumstances were pointed out.

15You have been in custody now some 222 days that are relevant pursuant to s.18 of the Sentencing Act.  In addition your counsel pointed out in the context of totality, 30 days you also served earlier this year for breach of the 2012 CCO and of a Family Violence Order.  I take the 30 days into account.

16You are not a citizen of Australia.  While I cannot speculate about deportation I accept counsel's submission that a sentence of 12 months or more enlivens the Minister's power to deport and this makes prison time hard for you.

17I have already commented on your mental health issues and they are relevant to sentencing in your case. 

18Your counsel submitted a term of imprisonment combined with a CCO with conditions was an appropriate disposition.  A term already served in prison was submitted as adequate.  Defence counsel also submitted that an aggregate sentence was appropriate in the circumstances.  The Crown properly conceded that an aggregate approach to sentencing was appropriate.  I agree.

19On the first day of the plea hearing the Crown also very reasonably submitted that a term of imprisonment combined with a CCO was within the range of appropriate sentencing options.  I ordered a CCO assessment to be carried out.  The Crown also fairly submitted that Verdins principles were relevant to moral culpability in a limited way to both specific and general deterrence and to more burdensome prison time in your case.  I accept those submissions.

20As well as matters personal to you, to which I have referred, I must also take into account other relevant sentencing considerations.  General and specific deterrence must still be given weight in this sentence.  The community cannot and will not tolerate offending which so seriously compromises its citizens right to feel safe in their own homes.  These comments particularly apply to your offences that were committed in the context of sustained domestic violence. 

21The message must be clear and consistent that appropriate punishment will result in appropriate circumstances.  Your sentence must manifest the community's denunciation of your conduct and impose just punishment.  I must protect the community from any repetition of this type of violent offending.

22An assessment has now been carried out by Corrections that you are unsuitable for a CCO.  This is set out in an assessment outcome report dated 24 May 2016, Exhibit C.  A number of important reasons were given for this assessment including an unsatisfactory attitude to a CCO.  This was in the context of having had a CCO sentence on 19 November 2012 and your non-compliance with it as well as further offending.

23I have considered s.5(4C) of the Act.  In all the circumstances I consider the purposes of sentence cannot be achieved by a CCO, even combined with a prison sentence.  Please stand up, Mr Raoof.

24On Charges 1, 2, 3 and 4 and on the summary charge by way of aggregate sentence I direct that you be imprisoned for a period of 16 months. I direct that you serve 12 months before being eligible for parole. I declare 222 days pre-sentence detention pursuant to s.18 of the Act be reckoned as served.

25Pursuant to s.6AAA of the Act but for your plea of guilty I declare I would have imposed a term of imprisonment of two years with a non-parole period of 18 months.

26I make the ancillary orders requested.  Take Mr Raoof, thank you.

27MR ZEBROWSKI:  Your Honour pleases.

28MS LA MOVIE: May it please the court.

29HIS HONOUR:  Thanks for your assistance, Mr Zebrowski and could you pass on to your former colleague that I was very much assisted by counsel's assistance and forbearance in terms of the interruption to the plea.

30MR ZEBROWSKI:  Your Honour pleases.

3126 MAY 2016

32HIS HONOUR:  By way of an error with respect to the sentence on Tuesday my re-sentencing is as follows.

33On Charges 1, 2, 3 and 4 and on the summary charge you are convicted and sentenced to 16 months' imprisonment by way of an aggregate sentence.  The total effective sentence is 16 months' imprisonment.

34I direct that the minimum term to be served before being eligible for parole is ten months' imprisonment. 

35I further declare that the period, as at today, that the prisoner has been  in custody in respect of these offences, namely 224 days be reckoned as a period of imprisonment already served under this sentence, which is to be deducted administratively.

36On Charge 1, I order that you pay restitution in the sum of $850 as follows.  $500 to Ribena Raoof, $350 to Zaynor Raoof. 

37Order is made pursuant to s.464ZF of the Crimes Act 1958 that you undergo a forensic procedure for the taking of a non-intimate sample consisting of a scraping from the mouth.

38Pursuant to s.6AAA of the Sentencing Act 1991 but for the plea of guilty the sentence I would have imposed is a total effective sentence of two years' imprisonment with a non-parole period of 18 months' imprisonment.

39MR ZEBROWSKI:  Your Honour pleases.

40HIS HONOUR:  I will sign that order as at today just so there is no confusion.

41MR ZEBROWSKI:  Thank you, Your Honour.

42HIS HONOUR:  All right, thanks again for coming back.

43MR ZEBROWSKI:  Thank you, Your Honour.

44MS LA MOVIE:  Yes, Your Honour.

45HIS HONOUR:  You can take Mr Raoof, thank you.

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