Director of Public Prosecutions v Saleh
[2025] VCC 1235
•27 August 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-24-01728
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ALI SALEH |
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JUDGE: | HIS HONOUR JUDGE WRAIGHT | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 15 August 2025 | |
DATE OF SENTENCE: | 27 August 2025 | |
CASE MAY BE CITED AS: | DPP v Saleh | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 1235 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.
Catchwords: Plea of guilty – Aggravated burglary – Possession of a drug of dependence – Handling stolen goods – General and specific deterrence – Relative youth – Relevant criminal history.
Legislation Cited: Crimes Act 1958 ss 77(1), 88; Drugs, Poisons and Controlled Substances Act 1981 s 73(1); Road Safety Act 1986 s 30(1); Sentencing Act 1991 ss 6AAA, s 18.
Cases Cited:Azzopardi v The Queen (2011) 35 VR 43; Akoka v The Queen [2017] VSCA 214.
Sentence: Imprisonment for a period of 3 years and 6 months with a non parole period of 2 years.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms S Thomas | Office of Public Prosecutions |
| For the Accused | Mr J Mortley | Emma Turnbull Lawyers |
HIS HONOUR:
1Ali Saleh you have pleaded guilty to:
(a) one charge of aggravated burglary contrary to s 77(1) of the Crimes Act 1958 (‘CrimesAct’) which carries a maximum penalty of 25 years imprisonment;
(b) one rolled up charge of possession of a drug of dependence contrary to s 73(1) of the Drugs, Poisons and Controlled Substances Act 1981 which carries a maximum penalty of 1 year imprisonment; and
(c) one charge of handling stolen goods contrary to s 88 of the Crimes Act which carries a maximum penalty of 15 years imprisonment.
2You have also pleaded guilty to a related summary offence of drive whilst disqualified contrary to s 30(1) of the Road Safety Act 1986 which carries a maximum penalty of 2 years imprisonment.
3You have admitted your Criminal Record.
Circumstances of the offending
4A prosecution opening was tendered on the plea and may be summarised as follows:
5You were born in August 2000 and resided at an address in Collingwood. You were 23 years old at the time of offending.
6Also involved in the offending were:
(a) Hakan Eser, who was aged 19 at the time of offending and resided at an address in Clifton Hill;
(b) Joseph Romano, who was aged 19 and died at the scene of the offending; and
(c) an unknown fourth offender.
7The victim in this matter is Tayla Grannan. At the time of the offending, she was 27 years old and residing at an address in Donnybrook with her partner Darcey Curran. Mr Curran was also present at the time of the incident. Mr Curran’s sister, Summa Moller also resided at the Donnybrook address. You were believed to be in a relationship with Ms Moller and had previously resided at the address. The targets of the attack were the victim, Ms Grannan and Mr Curran.
8On 7 January 2024 at 4:18am, your co offenders forced entry into the Donnybrook address. One of them was armed with an axe.
9The victim was present in the front bedroom of the house. Her partner was outside the house. Your three co offenders smashed the front bedroom window and entered the room. The victim jumped out of bed and crouched in the corner of the room where she was struck once to the leg with the axe by one of your co offenders.
10Following this, an altercation between the group and the victim occurred outside the premises. A firearm was discharged and both Mr Eser and Mr Romano were shot. Mr Romano died at the scene. Mr Eser was later treated at hospital for two non-fatal gunshot wounds.
11The group of you had planned to commit an aggravated burglary at the Donnybrook address. You used the following codenames on the covert ‘Signal’ messaging app:
(a) Mr Eser was codenamed ‘G’;
(b) You were codenamed ‘Cashmoney’;
(c) Mr Romano was codenamed ‘Jumpman’; and
(d) the unknown offender was codenamed ‘Babyface’.
12On 6 January 2024 the group of you discussed the plan using Signal. You were all included in a group chat with a fifth person who was codenamed ‘Carnage’. The group chat was created on 6 January 2024.
13Each of you discussed the plan in the group chat on 6 and 7 January 2024.
14At 5:57am on 6 January 2024 Carnage requested clothing sizes from everyone. G replied, ‘I’m large everything and size 10 shoes. Baby face is the same as me and idk (I don’t know) Jumpman.’
15At 8:59am, G provided a shopping list to you (Cashmoney) with the following order: ‘3 large jumpers, 3 large pants, 2 size 10 shoes, 1 size 13 shoes and 3 tshirts for ballys’. ‘Ballys’ was a reference to balaclavas.
16G then provided an additional list: ‘from Bunnings: 3 axes and wd-40’.
17You (Cashmoney) then replied ‘Sweet’.
18Carnage added a request for three sets of gloves.
19At 12:28pm, you were captured on CCTV arriving at Bunnings Hawthorn in a blue Volkswagen Golf Sedan. You entered the store and purchased the following items:
(a) three Trojan Fibreglass Axes;
(b) three pairs of Gloves;
(c) one can of WD-40; and
(d) one 5lt Jerry Can Red.
20The items were purchased in the false name of Matthew Trotter and using a false address. Police investigations established that this alias had been used by you on a previous occasion.
21You also purchased clothing discussed in the group chat, which was worn during the attack on the Donnybrook premises, and worn by each of the co-offenders who entered the house.
22The Prosecution allege that the items purchased by you on the afternoon of 7 January 2024 were intended to be used to carry out and conceal the offending.
23At 12.53pm, Carnage asked you (Cashmoney) to message him with further details, asking:
(a) ‘all the details about the house’;
(b) ‘where is his room’; and
(c) ‘who’s ur misses so she doesn’t get touched’.
24The question about your ‘misses’ was a reference to your partner, Ms Moller, who was residing at the address.
25At 12:56pm, you (Cashmoney) replied: ‘The boys know.’ ‘First door on the left’.
26This description was a reference to the layout of the Donnybrook address and the room occupied by Ms Moller.
27Between 5:33pm and 6:03pm, you (Cashmoney) co-ordinated meeting up at an unknown location to provide the clothing and items purchased to Jumpman.
28At 8:30pm, CCTV captured Mr Eser and Mr Romano arriving at the Clifton Hill address in a Holden Colorado vehicle.
29Mr Eser left the premises with Mr Romano at approximately 9:00pm.
30At 12:31am on 7 January 2024, Carnage recommenced activity on the group chat. At 12:32am he enquired, ‘Hectic we in areas’. Babyface replied ‘yeah my bro. Just waiting’.
31At approximately 4:18am on 7 January 2024 Mr Eser, Mr Romano and the unknown offender attended at the Donnybrook address. Together they were travelling in a grey Toyota Kluger displaying false registration plates.
32Your three co-offenders were wearing dark clothing and face coverings provided by you to conceal their appearances.
33At the time they entered the premises, the victim was asleep in the front bedroom. Mr Curran was not present in the bedroom and later told police that he had been sleeping in the backyard of the premises when the incident occurred.
34You co-offenders forced entry through the bedroom window. The victim heard a car door and the sound of the window smashing, then threw herself off the bed and crouched against the wall. She recalls that there were three offenders dressed in black who came through the window.
35One of the offenders struck the victim to the left leg with an axe, causing a laceration.
36The victim recalls screaming to the offenders that she was pregnant. The group of then ran out of the bedroom.
37Mr Curran heard the commotion and confronted the group. A struggle then took place between the offenders and Mr Curran. During the struggle a firearm was discharged by Mr Curran, striking Mr Eser and Mr Romano.
38The victim heard the gunshots and called 000. Residents in the area also heard the gunshots and some saw the unknown offender running to the Kluger and driving away. Several neighbouring residents also called 000.
39Mr Romano sustained a fatal gunshot wound to the chest. Whilst speaking to the 000 operator the victim left the house and found Mr Romano lying outside the front of the house.
40Mr Eser and the unknown offender fled the scene in the Kluger, leaving Mr Romano where he had collapsed.
41Mr Eser was driven to the Northern Hospital, where he was captured on CCTV at 4:23am exiting the rear seat, injured. He was later conveyed to the Royal Melbourne Hospital in a serious but stable condition. He sustained life threatening injuries to the back and gluteus.
42At 4:20am police were dispatched to the scene in response to the 000 calls, arriving at 4:35am. Body Worn Cameras were operating at the time.
43Police located Mr Romano collapsed and lying on the nature strip.
44The victim and Mr Curran left the premises prior to the arrival of police.
45The victim presented at Northern Hospital at 4:50am. Hospital records state that she sustained a ‘6cm open wound to the left proximal LL (lower limb) below the knee.’
46Mr Romano was dressed in all black clothing, wearing gloves and a mask. Police commenced CPR, which was continued by paramedics when they arrived on the scene. Mr Romano was declared to be deceased by paramedics at 5.01am.
47Police entered the address and identified clear signs of forced entry and that an altercation had occurred.
48Police located various items at the premises including an axe on the bedroom floor, two other axes on the front lawn and signs of rounds having been discharged in the ensuite.
49Police established a crime scene within the vicinity of the Donnybrook address and surrounding areas.
50The victim gave an account to police and made a statement later that day. Mr Curran did not make a statement to police but later participated in a video re-enactment.
51Members of the Victoria Police Major Crime Scene attended at the Donnybrook address. Numerous items were collected at the scene including:
(a) three axes;
(b) five fired cartridge cases; and
(c) one fired round of ammunition from the scene.
52The ammunition rounds that were recovered from the ensuite of the Donnybrook address were examined and found to have all been fired from the same firearm.
53At 8:25am on 7 January 2024 Mr Romano’s Holden Colorado was captured on CCTV footage obtained from the intersection of Old Sydney Road and Camerons Lane, Beveridge. The footage shows the Holden Colorado drive past in convoy with the Toyota Kluger.
54At 9:22am on 7 January 2024, police received notification of a car fire which was occurring in Old Sydney Road, Beveridge. Upon their attendance, Police identified the vehicle on fire to be the Holden Colorado registered to Mr Romano and used by him to collect Mr Eser on the evening of 6 January 2024.
55Police attended and activated their BWC. The attempt to destroy the Holden Colorado was unsuccessful and Police recovered Mr Romano’s mobile phone from the interior of the vehicle. Later analysis of the phone revealed the ‘Signal’ chat had been used to plan this incident.
56Later that same morning, the Toyota Kluger arrived on Belfast Avenue, Broadmeadows in convoy with a Toyota Corolla displaying no registration plates. An unknown male alighted from the Toyota Kluger and doused the vehicle in an accelerant, using a red jerry can. The vehicle was set on fire and the unknown male left in the Toyota Corolla. The incident was captured on CCTV.
57At 10:30am, police were notified of a car fire in Belfast Avenue, Broadmeadows. Upon their attendance, police identified the vehicle on fire to be the Toyota Kluger. The Toyota Kluger was displaying false registration plates. The vehicle’s correct registration was identified to be 1FG 9KQ. The vehicle was a 2011 Toyota Kluger which was stolen on 16 December 2023 from a Hallam address.
58Detective Leading Senior Constable Brett Florence attended at the Alfred Hospital and arrested Mr Eser in relation to the incident, providing his caution and rights prior to receiving treatment. He not formally interviewed in relation to this incident.
59At about 2:50pm on 14 February 2024, you were arrested at the Barkly Square Shopping Centre, Brunswick after having driven there in a blue Skoda Kodiaq. The vehicle was a hire car that had been rented in the name of Charles Hoyek.
60Subsequent enquiries by police revealed that you were disqualified from driving at the time of your arrest. You were searched and found to have two mobile phones and assorted fraudulent identification.
61You were taken to the Melbourne West Police Station by police for interview. You exercised your right not to answer questions and provided a DNA sample. You were subsequently charged and remanded in custody.
62Mr Curran was investigated by the Homicide Squad in relation to the shooting of Mr Romano and Mr Eser, but no charges were laid.
63Police investigated the identity of the fourth offender who entered the Donnybrook address but no charges have been laid.
Nature and Gravity of the offending
64Aggravated burglary is by its nature a serious offence, reflected in the maximum penalty of 25 years imprisonment. In this instance the case is put against you on a complicity basis based on the fact that you were significantly involved in the planning of the aggravated burglary, even though you did not enter the premises.
65Your involvement included being an active participant in a group that used the covert ‘Signal’ messaging app in order to plan the aggravated burglary. As part of the communication within the group chat, you were provided with a ‘shopping list’ to purchase clothing and other items to be used in the offending, including balaclavas, axes and WD-40. You were subsequently seen purchasing three axes, gloves, WD-40 and a 5-litre jerry can from Bunnings. You used a false name to purchase these items. You were then asked about details of the target address as your partner lived there. You confirmed details of the layout of the house to the other co-offenders. This was critical information in relation to the targets of the aggravated burglary.
66While you did not actually take part in the entry into the house, in my view your role was pivotal in the planning and preparation of what is a serious example of aggravated burglary. In the circumstances I assess your moral culpability as high.
Personal circumstances
67You were born in 2000 and raised in the North Eastern suburbs of Melbourne with your two siblings. Your father worked as a panel beater and your mother was a homemaker.
68You experienced a turbulent and violent upbringing and were subjected to regular physical abuse by your father who you report would regularly strike you with a belt and wooden spoon. Your mother spent periods of your childhood incarcerated and struggled with gambling and methamphetamine addictions. Your parent’s relationship was tumultuous and they separated when you were seven years old. After their separation you remained in the care of your father until 2017 when you resumed living with your mother upon her release from custody.
69Your formal education and work history is limited and you report that you struggled academically in school, presenting with behavioural and disciplinary problems early on. In year 8 you began smoking cannabis on campus and became oppositional towards your teachers. You were suspended on a number of occasions for fighting and other behavioural events and ultimately left school part way through year 10.
70In 2017 you enrolled in a bricklaying course however acknowledge that you quickly became disengaged and gravitated towards antisocial peers. You commenced regular cocaine and Xanax use and indicate that it was at this time that you started ‘committing crimes, stealing cars and robbing houses’. You have been in and out of the custodial setting throughout your youth to date.
71Notably, your criminal history commenced in the context of Xanax abuse in your middle adolescence which has evolved into disordered polysubstance abuse. Between the ages of 17-21 you reportedly smoked up to 5g of cannabis daily and in the lead up to your current offending you were engaging in daily methamphetamine and GHB use.
72A Clinical Neuropsychological report prepared by Dr Matt Treeby was tendered on the plea in which Dr Treeby indicates that your disordered polysubstance use satisfies a diagnoses of Stimulant Use Disorder (amphetamine-type) and Other Substance Use Disorder (GHB). In his report, Dr Treeby opines that in a broad sense your historical substance use has played some role in your past offending behaviour, diminishing your impulse control and capacity to implement positive behaviour changes.
73Further, your engagement in substance use has historically been as a means of coping with negative emotions and addressing your comorbid mental health difficulties.
74Throughout your assessment with Dr Treeby you engaged in multiple tests which evaluated your neuropsychological profile in which your premorbid intellectual function was broadly estimated to have fallen in the Low Average range. Specific areas of weakness include verbal abstract reasoning, divided attention and cognitive flexibility which you scored extremely low. You are a recipient of NDIS support.
75Turning now to your mental health difficulties. You report experiencing persistent stress, anxiety and mood-related symptoms during your adolescence to date and Dr Treeby is further satisfied that you meet criteria for a diagnosis of Major Depressive Disorder. He elaborates that it would appear you present with ‘a constellation of externalising symptoms commonly experienced by young men with depression including irritability, drug taking, poor identity formation, increased risk taking, and difficulties with future-oriented thinking’. Your persistent antisocial behaviour and continued contact with the criminal justice system further justifies a diagnoses of Antisocial Personality Disorder.
76Regarding your offending, Dr Treeby opines that you present with a moderate-to-high risk of reoffending with risk factors including substance use problems, difficulties with impulsivity and emotion regulation, and antisocial personality traits. However, he asserts that your risk would be reduced if your mental health and substance use problems were appropriately addressed going forward.
77You suffer from a serious inherited heart condition in the form of Arrhythmogenic Right Ventricular Cardiomyopathy (ARVC) which places you at risk of sudden cardiac death. Of concern, medical records indicate that you have a history of suboptimal compliance with you medication regime and have refused medical investigations in the context of chest-pain and related symptoms. Your condition requires careful monitoring in the custodial setting.
78Throughout your remand you were initially held at Ravenhall where you worked in the kitchen before being transferred to Port Phillip Prison where you worked as a unit billet. You are waiting to gain employment in Western Plains and indicate that upon your release from custody you want to ‘do something good with my life’ and have the opportunity to work as a construction labourer.
79You have maintained a close relationship with your mother who is supportive of you however unable to visit you in custody due to her own custodial history. Your mother has her own health concerns which is an ongoing source of anxiety for you. The two of you talk on the phone almost every day.
Sentencing considerations
80Mr Mortley who appeared on your behalf highlighted a number of matters in mitigation.
81First is your plea of guilty. While the matter has had a lengthy procedural history, resolution discussions were entered into early this year and you were arraigned in March. Your plea has saved the court considerable time and has thereby facilitated the course of justice.
82I take into account your relative youth. You were 23 at the time of the offending and have just turned 25. It was submitted that rehabilitation should, despite the seriousness of the offending, take a primary role in the sentencing discretion. While I accept the well settled principles in relation to young offenders, and that they do have application in your case, I must also weigh those considerations with the seriousness of the offending. As is well established, as the seriousness of the offending increases, the mitigatory effects of youth must give way to the other competing and relevant sentencing considerations such as general deterrence, and denunciation of your conduct, particularly in offences of this nature.[1]
[1] Azzopardi v The Queen (2011) 35 VR 43, [44].
83Turning to your psychological profile, while you do not suffer from an intellectual disability, the materials demonstrate that you have a number of weaknesses in verbal comprehension and abstract reasoning. I also note that you are diagnosed with depression and anxiety in addition to diagnoses of stimulant use disorder and antisocial personality disorder. While no Verdins connection is able to be established, I nonetheless take these matters into account.
84Turning to your prospects of rehabilitation, as I have noted above, the principles in relation to young offenders should still be given weight. However, you come before the court with a relevant and significant prior criminal history for someone of your age. You have prior convictions for offences including aggravated burglary, reckless conduct endangering serious injury, drug offending, dishonesty offending and serious driving offending. As you were a young person for a number of these offences, you have been afforded a number of rehabilitative orders, however you have also received a number of sentences of detention at a Youth Justice Centre. You have been assessed as a moderate-to-high risk of reoffending. Nonetheless Dr Treeby noted in his report that you do have insight into the harms caused by your substance use and how this has contributed to your offending behaviour and psychological dysfunction. I also note that whilst on remand you have worked in prison in the kitchen or as a unit billet and you have applied to undertake a business course in custody. In my view in all the circumstances your prospects of rehabilitation are beginning to show some signs of promise, however you have a number of significant hurdles to overcome and in my view your prospects of rehabilitation must still be approached with caution.
85Deterrence, both general and specific are prominent sentencing considerations. In my view protection of the community must also carry weight. Aggravated burglaries of this nature that involve significant planning and the use of weapons are serious offences that must be deterred. Given your relevant history you too must be deterred from being tempted again to engage in offending of this nature.
86Mr Mortley submitted that in the circumstances a combination sentence is able to meet the relevant sentencing considerations when taking into account your role in the offending and your relative youth. Ms Thomas who appeared on behalf of the Director of Public Prosecutions submitted that the serious nature of your offending calls for a head sentence and a non parole period. I agree.
87Finally, it was submitted that in considering the appropriate term of imprisonment, I am able to take into account the fact that since charged with these offences you spent some 25 days at The Cottage residential rehabilitation in Shepparton in August 2024 before being re remanded.[2] Further that you also spent some 29 days in custody on other matters through the remand period that is unable to be formally declared. I accept those submissions and have taken those matters into account.
[2] Akoka v The Queen [2017] VSCA 214.
Sentence
88Mr Saleh would you please stand.
89Ali Saleh, on Charge 1, aggravated burglary, you are convicted and sentenced to 3 years and 6 months imprisonment. On Charge 2 possession of a drug of dependence and Charge 3, handling stolen goods, you are convicted and sentenced to 1 month imprisonment on each charge.
90On related Summary Charge 8, drive whilst disqualified, you are convicted and sentenced to 1 month imprisonment.
91I direct that you serve 2 years imprisonment before becoming eligible for parole.
92Pursuant to s 18 of the Sentencing Act 1991 (‘Sentencing Act’), I declare that 322 days be reckoned as the period of imprisonment already served under the sentence I have imposed. That does not include today.
93Pursuant to s 6AAA of the Sentencing Act, I indicate that had you not pleaded guilty, I would have sentenced you to a period of 6 years imprisonment with a non-parole period of 3 years and 9 months.
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