Director of Public Prosecutions v Romero (a pseudonym)
[2025] VCC 255
•11 March 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| STEVE ROMERO (A PSEUDONYM) |
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JUDGE: | Karapanagiotidis | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 5 March 2025 | |
DATE OF SENTENCE: | 11 March 2025 | |
CASE MAY BE CITED AS: | DPP v Romero (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 255 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW - Sentencing
Catchwords: theft – arson – reckless conduct endangering serious injury – possess item to damage property – possess drug of dependence - trespass – Verdins
Legislation Cited: ss 5(1), 6AAA Sentencing Act 1991 (Vic).
Cases Cited:R v Verdins [2007] VSCA 102.
Sentence: Total effective term of 16 months’ imprisonment with a community corrections order of 20 months’ duration.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms G. Overend | Office of Public Prosecutions |
| For the Accused | Mr C. Edwards | Victoria Legal Aid |
HER HONOUR:
1Steve Romero[1] you have pleaded guilty to one charge of theft (charge 1), two charges of arson (charges 2 & 3), two charges of reckless conduct endangering serious injury (charges 4 & 5), one charge of possess item to damage property (charge 6) and one charge of possess drugs of dependence (charge 7).
[1] A pseudonym.
2You have also agreed to this Court hearing, and have pleaded guilty, to the summary charges:
3Charge 3 – trespass;
4Charge 10 – fail to stop vehicle after an accident;
5Charge 23 – possess controlled weapon without excuse;
6Charge 25 – possess prohibited weapon without exemption/approval;
7Charge 28 – fail drug blood test within 3 hours of driving;
8Charge 31 – Go equipped to burgle.
Circumstances of the offending
9The full circumstances of your offending are outlined in the prosecution opening marked as Exhibit A.
10The victims in this matter reside at an address in Endeavour Hills and have lived there for some 35 years. They are Julie,[2] Sabrina,[3], Tyra,[4] Roy[5] and Jason[6] Sims and Lawanda Rowe.[7] You are not known to each other.
[2] A pseudonym.
[3] A pseudonym.
[4] A pseudonym.
[5] A pseudonym.
[6] A pseudonym.
[7] A pseudonym.
11The victim’s property is situated on the western side of the road which backs onto the Monash Freeway. The property has a large front fence and motorised gate that restricts access to the front yard of the property. The back fence of the property doubles as a sound barrier that runs adjacent to the Monash Freeway and is separated by an overgrown access track that runs between the sound barrier and the Monash Freeway. At the back of the premises there is a bungalow which is occupied by Tyra Sims, a garden tool shed and a home gymnasium which runs along the back fence.
OFFENDING
Incident 1 – 16 January 2024
Charge 1 – Theft (White Mitsubishi Express van)
12On the 16 January 2024 at about 3:34PM you attended the victim’s home address. You rang the video doorbell. The door was answered, you claimed to be there to collect a computer and you were asked to leave, which you did.
13Depicted in the footage was a stolen white 2010 Mitsubishi Express van.
Incident 2 – 17 January 2024
Charge 2 – Arson (sound barrier fence)
14On 17 January 2024, between the hours of 11:40AM – 12:00PM, you attended the rear of the victim’s property via the overgrown grass track.
15You placed several folded pieces of toilet paper, paper towel and hexamine fire lighters into gaps in and around the victim’s rear sound barrier fence.
16You ignited the items causing the rear sound barrier fence to catch fire.
17Sabrina Sims was standing in the kitchen of her property and observed smoke and flames spreading up the right-hand side of the sound barrier fence at the property and contacted emergency services immediately.
18Fire Rescue Victoria (FRV) attended the location and extinguished the fire.
19Charring was caused to the fence support beam approximately 4 metres high and 50cm width. Two separate segments of the sound barrier fence panels had small amounts of charring near where burnt items were located.
20The victims subsequently installed CCTV cameras to the residential premises after the incident.
Incident 3 – 22 January 2024
Summary Charge 3 – trespass
21On 21 January 2024 at about 10:30PM you returned to the rear of the victim’s sound barrier fence.
22You removed several bolts from panelling approximately 3 metres by 1.5 metres in size installed by the victims to cover up the fire damage caused during the fire on 17 January 2024.
23Sabrina Sims and Tyra Sims, at different times, separately heard drilling coming from the rear of the premises, raised their concerns and investigated but didn’t see anything out of the ordinary.
24On 22 January 2024 at 12:33AM you are captured on CCTV standing up on the gate at the front of the victims address and looking into the front yard. You can be heard whistling.
25At 4:22AM you are captured on CCTV inside the victim’s front yard and you are observed walking around before climbing over the front fence some 14 minutes later.
26At approximately 5:30AM Sabrina Sims checked the motion detection alert sent to her phone (at about 4:30AM) and observed you walking around their yard. She altered others and they observed the rear sound barrier fence panelling had been unscrewed.
27The victims repaired the fence and installed a motion detection CCTV camera on the outside of the sound barrier fence.
Incident 4 – 24 January 2024
Charge 3 – Arson (sound barrier fence, a power tool storeroom and its contents, and a home gymnasium and its contents)
28On 24 January 2024 at 3:50AM you returned to the rear of the victim’s property, carrying a black machete and a red bag.
29Audio from the CCTV captures the sound of a spray can as you walk past the rear camera. You then spray painted over the rear camera before leaving the scene.
30Several hours later at 11:43AM you returned to the rear of the victim’s property.
31You set fire to the rear of the victim’s sound barrier fence utilising petrol as accelerant. The area of ignition was within proximity to the fire you set on 17 January 2024.
32A neighbour observed smoke and embers emanating from the rear of the victim’s premises and notified them, as they were not at home at the time. Soon after Triple 0 were contacted.
33Fire Rescue Victoria (FRV) Hallam attended the scene and extinguished the fire
34An examination of the scene revealed the fire spread from the external sound barrier wall into the victim’s property which caused extensive damage to a range of areas, as outlined in the prosecution opening, and exceeding $100,000.00.
35Soil samples analysed from the scene confirmed the presence of petrol.
Incident 5 – 26 January 2024
36After the fire on 24 January 2024, at 12:52PM you messaged an associate via Facebook Messenger saying, “I’m removing the radionic terrorists from Endeavour Hills tonight”.
37After the fire on 24 January, victim’s Sabrina Sims and Tyra Sims left the house and went to stay at Jason Sims’s property.
38On 25 January 2024 brothers Roy Sims and Jason Sims along with his partner Lawanda Rowe stayed at the Endeavour Hills address to support Dustin Sims who had remained at the house.
39On 26 January 2024 at 1:04AM you attended the front of the victim’s premises.
40You spray painted the victims Ring Video Doorbell located on their front gate. The notification from the camera woke Tyra Sims who called her brother Roy Sims who was sleeping at the property at the time of the incident.
41Roy Sims woke his brother Jason Sims to alert him to your presence. Both parties accessed the Doorbell Footage and observed you walk past approximately four minutes earlier. In fear, they contacted Triple 0 at 1:09AM.
42At approximately 1:14AM Roy Sims took a metal golf club and Jason Sims took a metal baton from within the premises and went check the front of the address.
43Jason Sims stood up on the front fence to look over the front gate. Roy Sims opened the front gate to the property that leads out onto the road.
44Upon opening the gate Roy Sims and Jason Sims observed you standing out the front of the property near the corner of their property and the neighbouring property. Jason Sims attempted to scare you away by yelling and banging the metal baton on the footpath.
45You walked towards Roy Sims and Jason Sims in possession of a spray bottle containing Hydrochloric Acid and started yelling. You then ran towards Roy Sims and Jason Sims.
46You sprayed Roy Sims in the face with the hydrochloric acid causing temporary pain in his eyes and throat, burning to his eyes and temporary blurred vision (Charge 4 – Reckless conduct endanger serious injury). You then sprayed Jason Sims to the upper left of his body (Charge 5 - Reckless conduct endanger serious injury).
47Roy Sims struck at you with the golf club and Jason Sims struck you with the metal baton causing you to fall to the ground. You stood back up and attempted to run towards the front gate of the property before Roy Sims and Jason Sims struck you again.
48You got up and were struck again by Roy Sims and Jason Sims causing you to fall to the ground near the roadway.
49You got back up and ran towards his vehicle being a 2005 Ford Fairmont Sedan, parked nearby. You got into the car and Roy and Jason Sims smashed the windscreen and side mirror before running back to the front of their property. You drove from the scene and could be heard to say ‘I will be back.’
50At about 1:19AM you were observed by police driving and kept under surveillance. You pulled over at the intersection of Josephine avenue/Victoria road, exited your vehicle in possession of a large black machete and ran towards police. You ran for approximately 20 metres before stopping short of the police vehicle.
51You then returned to your vehicle and continued to drive south on Victoria Street and then east onto Prospect Hill Road, Narre Warren. You threw several Molotov Cocktails containing automotive diesel fuel out of the window of your vehicle whilst travelling on Prospect Hill Road.
52You side swiped a white Toyota Camry sedan which was parked outside an address at Prospect Hill Road and also struck another nearby vehicle, before turning into Trentwood Drive, Narre Warren and colliding with another car (Rolled Up Summary charge 10 – Fail to stop vehicle after an accident). You abandoned the vehicle and fled from scene.
53The police canine unit that had been following you were deployed at the location of your abandoned vehicle. You were tracked to a residential address at Prospect Hill Road, Narre Warren where you was located by police lying down behind a van at the front of the property and arrested.
54You were wearing a black face mask, a black jacket with white writing on the sleeve and fingerless gloves.
55You had a large amount of blood coming from his head and was provided first aid by police.
56During the first aid you said several times that the occupants of the property were a terrorist cell and that he had tried to stop the terrorists, including by contacting the National Security Hotline.
57You were taken to the Alfred Hospital by Ambulance for treatment. A sample of blood was obtained under section 56 of the Road Safety Act1986. The sample was analysed and revealed methylamphetamine was present (Summary Charge 28 – Exceed PCA within 3 HRS)
58You underwent surgery for head injuries and were formally remanded into custody on 26 January 2024.
Scene Examination – Narre Warren
59Police conducted an examination of the scene. The following items were seized by police:
60Blue side mirror and paint scrapings belonging to your vehicle
61One Black “Body Mind Spirit” containing a black cable tie, six white cable ties.
62Six Molotov cocktails containing automotive diesel fuel (part of Rolled up charge 6 - Possess anything with the intent to damage/destroy – Molotov cocktails).
63Your vehicle was taken to a storage yard for examination.
Scene Examination – Endeavour Hills
64Police attended the victim’s premises and conducted an examination shortly after the incident.
65A number of items were seized by police including the following:
66Pyrotechnic device being a fish catcher explosive (Summary Charge 31 – Going equipped to burgle)
67Red handled bolt cutters (Summary Charge 31 – Going equipped to burgle)
68Silver gatling laser pointer (Summary Charge 31 – Going equipped to burgle)
69One head torch
70One black/grey/orange beanie with eye holes cut out on (Summary Charge 31 – Going equipped to burgle)
71One portable jet flame torch (Summary Charge 31 – Going equipped to burgle)
72One plastic pump bottle (1 litre container) containing hydrochloric acid (Summary Charge 31 – Going equipped to burgle)
Vehicle Examination –2005 Ford Fairmont Sedan 2005
73Your vehicle was examined and a number of items were seized by police including the following:
74Bondall Bottle containing hydrochloric acid
75Clip seal bag containing opaque crystal substance (Charge 7 – Possess Drug of Dependence - methylamphetamine)
76Glass sunglasses case containing glass pipe
77Orange and black Fiskars sledge hammer
78Black machete (Part of Rolled up Summary Charge 23 – Possess controlled weapon without lawful excuse)
79Black jet lighter
80Bunnings receipt for Hydrochloric Acid
81Black face mask
82Red fuel container
83Bag containing three Molotov cocktails containing automotive diesel fuel (part of rolled up charge 6 – possess anything with the intent to damage/destroy – Molotov cocktails)
84Stolen registration plates – Mitsubishi Express Van white
85White fabric sheets (torn)
86Black compound bow with scope (part of rolled up summary charge 23 – Possess controlled weapon amended to include this item )
87Four arrows (part of rolled up summary charge 23 – Possess controlled weapon amended to include this item )
88A further examination of the bag containing the Molotov cocktails revealed three jar lids with removable plastic seals on one side. The lids were filled with a mixture of ethanol, firelighter resin and kerosene.
Search Warrant
89On 26 January 2024 police attended your home address on Driftwood Court, Narre Warren and located the following items:
90Black branded “Konnect” T-Shirt with yellow writing
91Beige Broadbrim hat
92Eight Daggers (part of rolled up summary charge 25 – Possess prohibited weapon)
93Large sword (part of rolled up summary charge 25 – Possess prohibited weapon)
94Notepad with various notes depicting maps to victim’s street, street number and approximate time fires were ignited.
95Black and red machete (part of rolled up summary charge 23 – Possess controlled weapon amended to include this item )
Large knife (Rolled up summary charge 23 – Possess controlled weapon amended to include this item )
96You have been on remand since 26 January 2024 and therefore have a total of 410 days in pre-sentence detention.
Victim impact
97The victim impact statements collectively speak of the pervasive, significant and traumatic impact of your offending.
98Sabrina Sims states that ‘this traumatic crime has changed my life and impacted the way I live every day and every night.’ She no longer feels safe in her own home of some 36 years. She states ‘I have become a prisoner in my own home.’ She describes being hypervigilant and of your offending impacting all aspects of her life, including personal, social and financial.
99Dustin Sims speaks of increased anxiety, his undermined sense of safety and of ‘always being on alert’. He also refers to the physical toll of your offending and how it has placed additional stress on his already compromised health. He has also suffered significant financial loss, with the loss of income, thousands of dollars spent on security cameras and the damage caused.
100Tyra Sims also speaks of the traumatic impact of your offending. She states, ‘I went from being a 24 year old girl who couldn’t wait to get space from her from her parents, to then sleeping in my parents bed every single night for months because I was scared for mine and my family’s lives.’ Your offending has significantly impacted her sense of safety and security and has impacted even the most simple and enjoyable aspects of her life, such as going on a jog, an activity she used to love doing.
101Jason Sims states that your offending ‘has changed my outlook on every person I come into contact with.’ He states, ‘I am no longer a happy go lucky sort of person, as I prior to this situation would have been described as, I am now a paranoid, anxious and untrusting one.’
102Roy Sims also states that you offending has ‘changed my life forever.’ He is angry and frustrated that the trust and confidence he once had has now been replaced with fear and panic. As a result of your offending and its disruption and impact he ended up losing the ‘dream job’ he had recently commenced. He concludes: ‘all of this has caused significant strain and heartache amongst me and my family. We are a close knit family whom all grew up in our family home of 37 years.’
103I take into account the impact of your offending on your victims.
Gravity of offending
104Dealing first briefly with the summary offences, I note that a number of them are rolled up counts and I have taken into account the full circumstances of the offending, as outlined in the opening.
105Turning to the arson charges, it is self-evident that Parliament considers the offence as a serious offence which is reflected by the maximum penalty of 15 years imprisonment. The offence can embrace a wide range of conduct and the maximum penalty is one of a number of factors to take into account in assessing the gravity of the offending.
106As submitted by the prosecution there are a range of factors that are relevant to assessing the objective gravity of a criminal damage offence. On charge 2 there was limited damage caused but I take into account that Sabrina Sims was in her kitchen at the time. On charge 3 there was extensive damage caused to the storeroom, gymnasium and sound barrier, totalling over $100,000.00. While there was a neighbour present at the time I note that fortunately no one was home on that occasion. Charge 3 also occurred not long after charge 2 and within the context of you having previously attended the victim's property, which is the subject of charge 3. You also spray painted over the rear camera. Charge 2 occurred in the middle of the day and charge 3 in the early hours of the morning. The impact of your offending, as already outlined, was clearly significant. I also consider the circumstances of charge 4 and 5 to be particularly confronting. The prosecution originally submitted that given the nature of the fires and the use of accelerants, along with the repeat nature of the offending, there was a degree of planning involved. On the face of it, this is correct, but, as accepted by the prosecution, this needs to be viewed in light of your psychosis at the time.
107The prosecution accept that at the time of your offending you were motivated by delusional beliefs. Given the circumstances of the offending, your psychotic presentation at the time of arrest and the detailed assessment of consultant forensic psychiatrist Dr Fiona Best I accept that your judgement was significantly impaired by symptoms of schizophrenia, including psychosis, at the time of your offending.
108In terms of the offending you told Dr Best:‘I was hearing voices and I believed that god was telling me I had to put a stop to the terrorists, so I went around to their home and I set their fence on fire.’ ‘…. I didn’t wanna do it but I believed that god was tasking me to get rid of terrorists.’ The hospital notes indicate that upon your reception at the emergency department with a head injury on 26 January 2024 you were assessed as psychotic, thought disordered and agitated. You believed that your brain had been hacked by strangers and that the occupants of a house were involved in harming you and a microchip had been inserted in your brain. You were treated with aripiprazole and olanzapine (antipsychotics).
109Dr Best confirms that schizophrenia is an enduring mental illness, with a range of symptoms including positive and negative ones. At the time of the offending, that is from 16 January 2024 to 26 January 2024, she considers that the range of symptoms that characterise schizophrenia were ‘present and active’ (p18). The medical notes indicate that as of this period you had not taken antipsychotic treatment since at least November 2023. Therefore, at the time your illness was untreated. In the context of poor adherence to treatment and methamphetamine use, you relapsed into psychosis and experienced delusions about being persecuted by a neighbour who you believed was a terrorist. You believed they were tampering with your brain. Dr Best states, ‘the positive, negative and cognitive symptoms of schizophrenia therefore influenced Mr Romero’s actions and his understanding of those actions. On assessment today, I am of the opinion that at the time of the alleged offending, Mr Romero’s ability to think clearly and rationally and exercise good judgment was impaired significantly by symptoms of schizophrenia (including psychosis) (p18).
110On a consideration of all of the material, I accept that 1-5 of the Verdins principles are engaged, as advanced by your Counsel[8]. On the evidence, your impaired mental functioning had the effect of impairing your ability to exercise appropriate judgment and think clearly and rationally and contributed casually to the commission of the offences. Taking into account the nature and severity of your condition at the time, along with the nature and seriousness of the offending, I consider that general and specific deterrence should be significantly moderated and less weight accorded to denunciation as a relevant sentencing objective. I accept that your condition has a bearing on the kind of sentence that is imposed.
[8] R v Verdins [2007] VSCA 102.
111In terms of your drug use it may be that it played some part at the time of your offending. However as discussed at the plea hearing your case cannot simply be described as one of drug induced psychosis. You were first diagnosed with schizophrenia in 2016. While no doubt exacerbated by your drug use at the time, on the evidence, at the time of your offending you presented with positive and negative symptoms of your illness, which was untreated.
112Also, while you had suffered a mental decline in the past (2016) in the context of non-adherence to medication and drug use which may have been capable of acting as some alert or notice to you, as accepted by the prosecution, the issues are complex. Dr Best considers you lack insight into the effect that your substance abuse has had in terms of precipitating and perpetuating your mental health difficulties (see p17).
113I also take into account the opinion of Dr Best that ‘a custodial sentence is likely to weigh more heavily on [you] than it would on an individual without a major mental illness, he is likely to be vulnerable in prison, and he has a risk of worsening mental health particularly if he refuses treatment. A custodial sentence will deprive him of the opportunity to establish a meaningful therapeutic relationship with a community mental health treatment team and community (or residential) drug counselling support services.’
114An exploration of your mental health at the time of the offending is not intended to detract or minimise the impact of your offending on your victims. Your offending against them was sustained and very confronting and it is quite understandable that they have been significantly impacted. However, importantly, your offending must be seen in the context of your ill health and psychosis at the time. As your Counsel puts it, these were the acts of ‘a delusional man labouring under a significant mental health diagnosis’. You did not know your victims and there is otherwise no rational motive for you to have offended in the manner that you did. You do not have a history for like offending and, on the evidence, I consider that if your health is managed and you remain abstinent from drugs this will significantly reduce any continuing threat or risk to the community. I will return to this in a moment.
Plea of guilty
115You entered a plea of guilty at a relatively early opportunity, which entitles you to a significant discount in sentencing. Your plea has utilitarian value and I accept indicates remorse, a willingness to facilitate the course of justice and accept responsibility. As submitted by your Counsel, importantly you have spared your victims the ordeal of giving evidence in Court and reliving these events.
Personal circumstances
116You are now 44 years of age. You were born in Melbourne. You have never been married and you have no children. Your parents migrated to the country from Hungary and you have one brother. You speak positively of your childhood. Your father passed away in 2018 from cancer. Both your mother and brother are supportive of you and have provided references which offer some further insights into your circumstances.
117You completed VCE and Year 12 without any real difficulty though you experienced a degree of bullying because of your ethnicity. You commenced a cabinet making apprenticeship but left after one year. You then worked in a plastics factory with your mother, before moving to Coventry Fasteners for seven years as an assistant manager. Prior to your remand you were in receipt of Centrelink jobseeker allowance and had not worked for some years.
118You moved out of the family home some years ago. You were then the victim of a home invasion where you were attacked and assaulted by strangers with a machete and guns. You moved back to the family home after this and report commencing drug use at around this time. According to your Counsel your drug use also commenced in the context of a broken relationship and a desire to understand why your partner had chosen drugs over your relationship. Your criminal history is broadly consistent with you not using drugs until you were in your 30s. From there you started to use cannabis and methamphetamine.
119You now have a long history of cannabis and methamphetamine use. You reported daily methamphetamine use and that you stopped using four years ago. After a more recent admission to the acute psychiatric inpatient unit at Dandenong hospital you started using methamphetamines again. You said, ‘because I was hearing voices and I was so damaged after the first four years of using that I thought that only the ice could heal me from the voices.’
120Dr Best considers that given your significant history of illicit drug you meet the criteria for methamphetamine use disorder (DSM-5).
121You have a relevant but relatively limited prior criminal history.
122As already canvassed, your diagnosis of schizophrenia is well-established and dates back to 2016.
123In terms of your psychiatric history you told Dr Best that you had had one admission to Dandenong Hospital acute psychiatric inpatient unit for one monthin the context of hearing voices and paranoia. The Alfred Hospital FOI medical records, which Dr Best had access to, indicate that you have had previous admissions to acute psychiatric inpatient units and that your mental health care was provided by Dandenong community mental health service who prescribed an antipsychotic. You had a period of involuntary treatment from 2016 to 2017 and were admitted to the acute psychiatric inpatient unit in 2016 after presenting in a psychotic state at a neighbour’s house with weapons. During this admission you were diagnosed with schizophrenia and treated with antipsychotic medication. The notes indicate that you were admitted for treatment of first episode psychosis on 23 November 2016 on a background of methamphetamine use the previous year. Further admissions are documented, along with your discharge on a Community Treatment Order under the Mental Health Act.
124According to Dr Best, your recovery has been complicated by poor adherence with medication and ‘being lost to follow up’ (p15).
125Your mother and partner attended Court in support of you. You have known your partner for some eight years and have been in a relationship now for several years. Up until recent times you had been living in between your mother and your partner’s home.
Other mitigating factors
126Immediately prior to being remanded you were treated surgically for a head injury, which occurred in the setting of the offending.
127Justice Health medical records dated 25 January 2024 to 1 April 2024 also state that on 26 March 2024 you underwent craniectomy and evacuation of an extradural haematoma (bleed on the brain) and repair of lacerations for depressed left parietal (skull bone) fracture after an assault. You then attended neurosurgery outpatient follow up.
128Dr Best considered that you presented with symptoms of posttraumatic stress disorder having experienced a traumatic event, that is assault with head injury at the time of the alleged offending and recurring involuntary and intrusive distressing memories of this (p17).
129I have also had regard to this matter, as advanced by your Counsel, as a form of extra-curial punishment.
Prospects of rehabilitation
130Assessing you against the HCR-20vS, a structured and validated risk assessment tool, Dr Best considers you are ‘at moderate to high risk of perpetrating future violence.’ This risk will escalate significantly if you don’t adhere to your psychotropic medication and/or use illicit substances. As you presently contained in a restrictive environment your risk is low to moderate.
131Dr Best notes that you have never attended drug and alcohol counselling and are pre-contemplative about ceasing illicit substances. She considers that you should be encouraged to attend drug counselling and that you would benefit from interventions such as NA. ‘Abstinence from substances will have a significant and positive impact on his mental health.’ As already noted, she considers that you lack insight into the effect that your substance abuse has had in terms of precipitating and perpetuating your mental health difficulties. ‘Mr Romero’s mental health difficulties were precipitated by illicit drug use, and his ongoing symptoms are perpetuated by illicit drug use. Therefore, assertive treatment of illicit drug use will have the capacity to improve Mr Romero’s mental health and reduce risk of reoffending. There is a relationship between Mr Romero’s risk of offending and methamphetamine use with his psychotic symptoms (including persecutory delusions about the alleged victim) worsening when intoxicated with methamphetamines.’
132She concludes that the ‘most effective form of risk management’ is ‘a combination of engaging with treatment, supervision, monitoring and harm minimisation strategies for illicit drug use’ and enhancements to your lifestyle.
133In custody you are receiving some psychiatric care and medications. There has been no issue with compliance and you report remaining abstinent from illicit drugs.
134As already indicated you retain the support of your family and your partner. Your mother and brother in their references speak of you as someone who is hardworking and helpful and that you have expressed remorse for your offending.
135Upon your release it is proposed that you return to live with your partner in Narre Warren. Currently she resides with her children but they are young adults and may be moving out shortly. Also, there is a suggestion that you may have available to you in the future another form of accommodation that is also owned by your partner but presently tenanted. You are well aware that there are active intervention orders in place protecting your victims. As discussed today, these conditions currently operate to prohibit your attendance at your mother’s home – because of geographical location – and you must ensure that you abide by these conditions.
136In all the circumstances, I consider that contingent upon you receiving appropriate mental health treatment and remaining abstinent from drugs, you have good prospects of rehabilitation.
Sentencing purposes
137The purposes for which sentences may be imposed are just punishment, general deterrence, specific deterrence, rehabilitation, denunciation and protection of the community. I have already referred to the application of the Verdins principles which call for considerable moderation of these objectives. I accept that community protection remains an important consideration.
138I take into account the sentencing guidelines referred to in s5 of the Sentencing Act 1991, where relevant in your case. I take into account also the general landscape for sentencing for these offences, particularly for arson, though again I note the broad circumstances in which such offences can be committed. Also, I take into account the principles of proportionality, parsimony and totality. Further, I take into account the substantial term of imprisonment you have already served, a period which I accept would have been more difficult for you given your mental health and also the injuries that you sustained.
139Your Counsel submits that in the unique and exceptional circumstances of your case the court should exercise some mercy and impose a combination sentence. The prosecution accept that such a sentence is open.
140If you are sentenced to a term of imprisonment on charge 2 you are to be sentenced as a serious arson offender on charge 3 under the serious offender provisions. The prosecution do not contend, and I do not propose to impose a disproportionate sentence. In sentencing you on this charge I must regard the protection of the community as the principal purpose for which the sentence is imposed. Also, while totality remains a relevant consideration, there is a presumption of cumulation in the sentencing of a serious offender for a relevant offence (s.6E of the Sentencing Act).
141While the Court must impose a just sentence for your offending I do consider that the unique circumstances of your offending militates towards the imposition of a sentence which acknowledges and reflects the appropriately diminished role of denunciation, deterrence and just punishment. As I have already canvassed, you are not an appropriate vehicle for general deterrence due to your mental state at the relevant time and your low culpability.
142I had you assessed for a community corrections order and you were assessed as unsuitable. Corrections have concerns as to your ability to maintain stability and manage your risk in the community due to the uncertainty of your accommodation upon release from custody and your lack of established supports. I heard from the assessing clinician this morning who indicated the concerns and suggested appropriate conditions, if such an order were to be imposed. Also, she confirmed the ability of corrections to plan for and assist around your transition from custody, should time permit.
143You were also assessed by MHARS. The Forensicare clinician indicates that you have been compliant with your medications and that you intend to remain adherent to ensure that you don’t experience ‘voices’ again. You also indicated that you were committed to remaining sober in the community. He refers to your ongoing and frequent contact you have with your partner and family. He recommends conditions on any order imposed be designed to promote your wellbeing and reduce the likelihood of reoffending and makes specific recommendations.
144In all the circumstances, and taking into account the assessment of corrections, I consider that a combination sentence will be capable of both simultaneously punishing and rehabilitating you. An order with appropriate conditions will be able to address the special needs you have and provide for appropriate supervision, monitoring and therapeutic interventions. While I understand that there are concerns as to your compliance, I take into account that you have been voluntarily complying with medication in custody, you have served a substantial period of time which I accept is likely to have been salutary and there is an ability to impose conditions to ensure that you are appropriately supervised and monitored upon your release from custody.
Sentence
145Synthesising all relevant matters you are convicted and sentenced as follows:
146Charge 1, theft – 4 months’ imprisonment.
147Charge 2, arson – 8 months’ imprisonment and combined with a community corrections order of 20 months’ duration.
148Charge 3, arson – 12 months’ imprisonment and a community corrections order.
149Charge 4, reckless conduct endangering serious injury – 6 months imprisonment.
150Charge 5 - reckless conduct endangering serious injury – 6 months’ imprisonment.
151Charge 6, possess item to damage property – community corrections order.
152Charge 7, possess drug of dependence – convicted and discharged.
153And on the summary charges:
154Charge 3, trespass – community corrections order.
155Charge 10, fail to stop vehicle after an accident – community corrections order.
156Charge 23, possess controlled weapon without excuse – community corrections order.
157Charge 25,possess prohibited weapon without exemption or approval - community corrections order.
158Charge 28,fail drug blood test within 3 hours of driving – convicted and fined $100.00. I have taken into account that you have been in custody now for a long time and totality in fixing that amount.
159Charge 31,go equipped to burgle – community corrections order.
160In terms of orders of cumulation, Charge 3 – the 12 months imprisonment and the community corrections order – is the base sentence. I cumulate two months of Charge 2, the eight month sentence, and I cumulate one month each on the reckless conduct endangering serious injury charges, which should total an amount of 16 months’ imprisonment. I impose the community corrections order for a period of 20 months’ duration.
161The conditions of the community corrections order are as follows:
162Supervision
163Treatment – mental health
164Treatment – drug & alcohol
165Programs
166Judicial monitoring – the first judicial monitoring date will be 19 June 2025 at 09:30AM. That should be one month after Mr Romero’s release. His release is likely to be in late May given the sentence I have imposed, so I have tried to schedule it for a month out. Does that seem right to Counsel in terms of timing?
167MR EDWARDS: Yes.
168MS OVEREND: Yes, Your Honour.
169HER HONOUR: I have checked it but that is my intention and I really want to see how he has transitioned within that time.
170Pursuant to s.48D(3)(d) of the Sentencing Act I propose to make a condition that Mr Romero make an appointment to attend a medical assessment with a GP within 2 days of release from custody and to attend the appointment.
171Pursuant to s.6F of the Sentencing Act 1991 (Vic) I cause to be entered in the records of the court in respect of charge 3 that you have sentenced as a serious offender.
172Pursuant to s.18 - I declare you have served 410 days as pre-sentence detention.
173Pursuant to s.6AAA, had you not entered a plea of guilty, I would have sentenced you to be a period of 2 years and 2 months imprisonment and a lengthy community corrections order.
174Ancillary orders – disposal and forfeiture orders made in the terms sought.
175On charge 1 – I disqualify you from driving for a period of 3 months.
176On summary charge 28 – I disqualify you from driving for a minimum period of 6 months (they will run concurrently).
177Orders take into account the substantial period that you have served in custody.
178You must appreciate that you are disqualified from driving.
179Now in terms of a corrections order, given this is being done remotely I need to go through the conditions with you and I am going to do that now. What I have given you is a combination sentence, so I am declaring pursuant to s18 that you have already served 410 days. That should leave you roughly with a couple of more months to serve before you will be able to be released from custody on a community corrections order. The order is for a period of 20 months. That order commences on the day of your release from custody and within two working days you are to attend at - within two working days you need to make an appointment and attend at Dandenong Correctional Service. Do you understand?
180OFFENDER: Yes, Your Honour.
181HER HONOUR: All right. The conditions of the order are the ones that I just referred to. I have imposed some special conditions:
182Supervision
183Treatment – mental health
184Treatment – drug & alcohol
185Programs, that you participate in programs to reduce the risk of reoffending.
186Judicial monitoring – the first date being 19 June 2025 at 09:30AM. You will have to come back to court then. You can appear either in person or with your Corrections officer, that is what people sometimes do, and I will be told about how you are doing, all right. Judicial monitoring lets the court really monitor you in addition to the services of Corrections for the period that it considers appropriate. So on that date I am probably going to set another date, it will not be monthly but I do want to see how you are going and I want to check in soon after your release. Do you understand?
187OFFENDER: Yes, Your Honour.
188HER HONOUR: Additionally, every corrections order has conditions. They include that you must receive visits from Community Corrections. You must advise them of any change of address or work within a couple of days of having changed that. You must comply with their lawful directions. You must not leave Victoria unless you have their permission. Do you understand those core conditions?
189OFFENDER: Yes, Your Honour.
190HER HONOUR: All right, now understanding those conditions of a Corrections order, do you consent to the Corrections order?
191OFFENDER: Yes, Your Honour.
192HER HONOUR: All right. Another condition that I have imposed on that Corrections order, another special condition is that within two days of being released from custody you make an appointment to attend a medical assessment with your GP within that period, all right. So you have got to make the appointment within two days, the appointment might not be for another couple of days, but you must attend the appointment. Do you understand?
193OFFENDER: Yes, Your Honour.
194HER HONOUR: All right. Now the way in which you can breach a community corrections order - another condition is that you must not commit, whether in or outside of Victoria, during the period of the order, an offence punishable by imprisonment. I think I have gone through all the other conditions.
195The way in which you can breach the order is if you commit an offence punishable by imprisonment within that 20 month period commencing upon your release from custody, or if you do not comply with a condition. For example, you do not go to drug and alcohol counselling or you are not complying with what they are asking you to do. If you breach the order then you can come back to court in front of me, I can deal with you for a breach and it is also open to me to resentence you on these original charges. Do you understand?
196OFFENDER: Yes, Your Honour.
197HER HONOUR: So Mr Romero, understanding what the conditions of the order are, understanding how you might breach the order, do you consent to the order being made?
198OFFENDER: Yes, Your Honour.
199HIS HONOUR: All right. I will make that order then and there will be some documents forwarded to you and also to Counsel. Mr Romero, I cannot stress enough, you must not commit an offence, you must not drive a vehicle while you are disqualified, and you will be disqualified for six months, and you must follow and respect and adhere to the intervention orders that are out protecting your victims.
200Mr Romero, the evidence and the material before me indicates that if you are well then you are capable of living a law-abiding, no doubt fulfilling life and you have got your supports, they are back in court today as well but you must continue to receive treatment for your mental illness. It seems to have been of benefit to you in custody. You are not hearing voices, you are stable, and you must not use drugs because they impact your mental health. Is that clear to you now?
201OFFENDER: It is, Your Honour.
202HER HONOUR: All right. They are critical. You must obtain that treatment. The order that I have given you, it is a punishment and you have to be accountable throughout, but it is focused on your recovery and your treatment. I have not ordered that you do community work, all right.
203OFFENDER: Thank you.
204HER HONOUR: All right. Counsel, is there anything further.
205COUNSEL: No, Your Honour.
206HER HONOUR: The link is about to end. Orders will be provided. I think I have sufficiently explained the corrections order to obtain the consent online. We will adjourn the court, thank you.
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