Director of Public Prosecutions v Santos

[2025] VCC 1437

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

 Revised
Not Restricted
Suitable for Publication

Case No. 25-00745/CR-25-01779

DIRECTOR OF PUBLIC PROSECUTIONS

v

BRAXTON SANTOS

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JUDGE:	HER HONOUR JUDGE GWYNN
WHERE HELD:	Melbourne
DATE OF HEARING:	1 October 2025
DATE OF SENTENCE:	1 October 2025
CASE MAY BE CITED AS:	DPP v Santos
MEDIUM NEUTRAL CITATION:	[2025] VCC 1437

REASONS FOR SENTENCE
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Subject:Criminal law

Catchwords:              Aggravated burglary; possess cannabis

Legislation Cited:      Sentencing Act 1991 (Vic);

Sentence:                  Community Correction Order for a period of two years and four months and a fine of $1500.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr L. Crosbie	Office of Public Prosecutions
For the Accused	Mr R. Backwell	Greg Thomas Barrister & Solicitor

HER HONOUR:

1Braxton Santos, you have pleaded guilty on Indictment to a charge of aggravated burglary and a charge of the possession of cannabis.

2In sentencing you for your crimes, I am obliged to consider the maximum penalty for these offences. The maximum penalty for aggravated burglary is 25 years' imprisonment and the maximum penalty for the offence of possess cannabis in your particular case is one year imprisonment. These maximum penalties reflect how seriously Parliament regards these offences.

3The circumstances of your offending are set out in a document entitled 'Prosecution Summary for Sentence Indication Hearing' dated 21 September 2025. This is a document which confirms your acceptance of each element of the offences to which you have pleaded guilty, as well as the factual basis on which I am to sentence.

The offending

4Whilst it has just been read to the Court, according to the Prosecution document, at 10:46 am on 15 May 2024, your co-accused, Callum Solomona, attended at an address in Excell Avenue, Melton South, with a man called Troy Lebehen, to collect four bags of cannabis from Denis Yilmaz who resided at the address with his parents, Feridun and Helen Yilmaz. Both Denis and Feridun were present at the time.

5Once inside the address, Mr Solomona told Denis Yilmaz that he only wanted one of the bags of cannabis and he paid $200 for the one bag. Mr Solomona also asked Denis Yilmaz how many people were at the house and as to the quantity of drugs that he would normally keep at the premises. Mr Solomona left the address at approximately 10:49 am.

6At around 3:19 pm that day, Mr Solomona returned to the Excell Street address with you and a third unidentified male. All three of you approached the address wearing hooded jumpers with your faces exposed.

7It was Mr Feridun Yilmaz who opened the door upon you knocking. You all asked if Denis Yilmaz was home and were told by Feridun Yilmaz that he was not but would be back later. You were also told that Denis Yilmaz did not have a phone.

8You all walked from the driveway and stood at the front of the premises. At 3:23 pm the three of you returned to the front door and knocked. The door was again answered by Feridun Yilmaz and when he did so, Mr Solomona entered first, followed by you and the unknown male, forming the basis for Charge 1 – aggravated burglary.

9Once you were all inside, Feridun Yilmaz suffered an injury which is not part of the Crown case against you. He ran out the back door. Helen Yilmaz was seated on the couch and told you to take what you wanted and get the fuck out. Cash, iPhones, a laptop and cannabis were taken. You are not charged with this theft but it does inform your intent.

10You all left the address shortly thereafter. An ambulance attended and took Mr Feridun Yilmaz to hospital. Police also subsequently attended the scene.

The investigation

11On 3 September 2024, police attended your address in Barron Street, Tarneit. Both you and Mr Solomona were residing at that address and you were present at the time.  

12Upon executing a search, Police located a clear plastic bag containing 450 grams of cannabis under the staircase forming the basis for Charge 2 – possess cannabis.

13You were arrested and taken to Melton Police Station for interview. You told Police that you could remember going to Melton to grab weed to smoke and that there was a disagreement. You took full responsibility for the cannabis located at your premises by Police and told them that it was for your personal use and that you used it regularly.

Offence gravity and victim impact

14The purpose of a victim impact statement is to give those affected by your crime the opportunity to participate in the criminal justice process by informing the court about the effects of the crime upon them.

15Mr Feridun Yilmaz is now deceased. His wife, Helen Yilmaz, has provided a victim impact statement dated 25 September 2025. This was just read to the Court by the prosecutor so the effect of your wrongdoing upon her and her family is now known to you.

16Ms Yilmaz describes feeling severe loss, grief and trauma which she links to your crime. She struggles to get out of bed and finds it difficult to find any positives in her day. She feels constant stress and anxiety and finds it difficult to leave the house even though it is now an environment in which she feels unsafe  

17In terms of the charge of possession of a drug of dependence, whilst you had a not insignificant amount, I am satisfied on the balance of probabilities that this offence was not committed for the purposes of trafficking, given your admissions to the Police and your heavy use of this drug at the time it was located at your premises. This finding impacts on the maximum penalty for this offence which, in these circumstances, is one of 12 months' imprisonment 

18The charge of aggravated burglary is put on the basis that it is in the context of a disagreement that you entered the Exell Avenue address as a trespasser, with an intention to steal, in company with two other persons and that you knew Feridun Yilmaz was present and was reckless as to whether or not any other persons were present. As I have referred, your actions upon entry inform that intent.

19I accept, and it is conceded, that your role is lesser to that of Mr Solomona.

20I could form no other view than that your decision to enter as you did the premises in Excell Street Melton South was one made in close proximity to your actual entry.  It appears that your friendships or associations at the time and your own cannabis usage played a role in your decision making, yet let me assure you that affords you no excuse. Whilst not to be punished for the injuries suffered by Mr Yilmaz, the fact that he was injured during this event by Mr Solomona only serves to highlights the risks associated with such behaviour.

21This offence was committed in circumstances where you at least knew Mr Feridun Yilmaz was present, you entered in company and you all searched the premises where I accept you believed that cannabis was likely to be present, and probably cash, I imagine that it was not expected that those in the possession of drugs would complain to Police.

22You have entered a private residence, mid-afternoon, when and where the occupants were entitled to feel safe. It is clear from the victim impact statement of Ms Yilmaz that she no longer does so and that is a direct consequence for her of your wrongdoing.

23Sentencing principles of general deterrence, just punishment and denunciation have an important role to play.

Plea of guilty

24The Sentencing Act1991 obliges me to take into account the stage at which you entered your guilty plea.

25A procedural history would indicate that you were initially charged with aggravated home invasion, home invasion and the possession of cannabis on 3 September 2024 and committed to this Court on the same three charges after contested committal proceedings.

26Your plea of guilty was entered on the day your trial was to commence for a charge of aggravated home invasion. In terms of the charge of aggravated burglary, the 22 September 2025 was essentially your first opportunity to enter a guilty plea to that particular charge and the factual basis which is now before the Court. On that basis, your plea is at an early stage.

27You have saved the Court the time and expense of contested proceedings and the witnesses of the need to give evidence. For Helen and Denis Yilmaz, this has avoided them having to relive distressing events.

28Based on materials tendered on your behalf, I am satisfied that you are remorseful for your behaviour.

29These factors will be taken into account in your favour.

Personal circumstances

30You are now 21 years of age and would have been aged 20 years at the time of each of your offences.

31You are of Tongan heritage but were born in Canberra. Your parents separated when you were aged nine or 10 years. You have a supportive relationship with your father but have had no contact with your mother for about five years.

32You have got three older stepsiblings and three younger siblings. You moved to Melbourne around 2010 or 2011.

33You completed a Year 11 education at Tarneit Secondary College.

34Whilst at school, you had a part time job at a fast-food outlet. Otherwise, you have worked as a removalist, in warehousing, bricklaying and in construction. At one stage, you ran your own business delivering bricks to construction sites.

35You started using cannabis at aged 14 years and fell in with a negative peer group. Sport had been important to you, but you suffered two cardiac arrests and had a pacemaker installed. This ended your ability to be a professional sports person and your mental health deteriorated. You found comfort in drugs and alcohol.

36It is in the context of your drug use and peer associations that you were involved in this offending, motivated by those relationships and the lure of financial reward.

37You had left home at age 16 years to reside with your then girlfriend and now wife, Claudia. You married in March of this year and have a two-year-old son.

Prospects for rehabilitation

38You have no prior criminal history, and I am told there has been no offending since each of the matters presently before me.

39At 21 years of age, your youth plays a role in the sentencing task.

40The added potential for young offenders to be rehabilitated is obviously in the public interest. The well-established understanding that incarceration can impair, rather than enhance, a young offender's prospects, is a principle that has long been recognised by the courts.

41In a general sense, courts recognise that a young offender may not fully appreciate the nature, seriousness and consequences of their criminal conduct and that there are obvious risks to the young offender and the community at large if a young offender is “taught the ways of a criminal” through adult incarceration.

42It appears that you have done much to change your life trajectory since your arrest for these matters.

43You did spend one night in custody as a direct consequence and I take that into account.

44You have been on bail since 4 September 2024 with a range of conditions which included that you be supervised by the Youth Justice Bail Support program.

45A supervised Bail Justice Report dated 9 December 2024 and authored by Katerina Valos, Youth Justice Advanced Case Manager, reports of your progress over a three-month period. A number of referrals were made and you successfully completed an 'Avoiding Risky Behaviours Program' during which you are said to have engaged well and demonstrated capacity for consequential thinking

46During your supervised bail program, you were also supported by Mr Liem Truong, Case Manager at Youth Junction, and Lucas Coulson, Youth Justice Mental Health Clinician. It would appear that you have also been responsive to each of these support agencies.

47In a letter to the Presiding Magistrate at Melbourne Magistrates' Court dated 23 April 2025, Mr Liem Truong outlines that his agency, The Youth Junction, completed a comprehensive psychosocial assessment of you. Interventions that were deemed suitable for you included employment and income support, health, and prosocial recreation. In that letter you are described as having made significant progress in various aspects of your life as you had achieved stability in employment, housing, family and health. It was in that circumstance that your work with The Youth Junction was closed. You are further described as being delightful to work with and to being generally responsive in your communications, grateful and proactive. You were courteous and respectful in your interactions with Mr Truong.

48According to that report, you attended and engaged in 12 out of 14 appointments. You are described as respectful and attentive and open to accessing supports. Ms Valos describes you as demonstrating a consistent level of positive engagement and to demonstrating your own motivation and ability to address your support needs.

49You have found full time employment as a forklift driver. In a letter dated 17 September 2025, Mr Anton Teevale, Supervisor at Vinidex, confirms that you have been employed as a forklift operator under his supervision for nine months. He says you have demonstrated “exceptional reliability, punctuality, and a commendable attitude toward [your] work”. He describes you as having a strong work ethic, and professional demeanour. You are said by him to be “a true asset to our organisation”.

50You are well supported by family. You are recently married to your long-term partner and have a young son, as I have already outlined. You live with your family at an address in Tarneit and your wife has attended your arraignment and your plea hearing.

51Your wife, Claudia, has also provided a character reference. You have known each other since were 15 years of age. She describes you as a loving, hard-working father and as a loyal and humble husband. She says that you reside together with your two-year-old son and that she has seen enormous change in you, particularly since your involvement with your church. She has found benefit in you moving as a family from Tarneit to Delahey and that you are now closer to your church and workplace. Importantly, you are now closer as a couple. You are the sole provider for your family. Ms Santos describes you as genuinely remorseful for your wrongdoing and of being ashamed. She sees you as using this response to be a turning point for you and that you have the right factors in place to continue in the right direction.

52You are well supported by other family. Your father was present for your arraignment. Your aunt, Maddy Santos, has provided a character reference and comments on the growth and maturity she has witnessed since you have been charged. She also describes you as a good provider for your family and describes you as warm, caring and protective. Ms Santos sees family as being central to you and that you are determined to create a stable future.  

53Your faith is something which has become of importance to you, and with your family, you attend the Church of the Living God in Keilor Downs. You attend church twice per week as well as bible study. In a letter dated 18 September 2025 authored by Praveen Vericherla, Elder, and Billy Palivela, Deacon, you are said to have joined their church community in November of last year. They say they have witnessed a profound transformation in your life as you have sought spiritual guidance and have been committed to following a path of faith. You have been baptised and regularly attend church gatherings. You are said to be an active contributor to the church and wider community and to regularly volunteer for various tasks. They have seen a commitment by you towards positive change.

54In addition, you now attend gym regularly and have placed some effort and pride in a more healthy lifestyle.

55I accept that, for you, this whole experience has been the catalyst for significant change. You have been given genuine insight into where your life might head in terms of your friendships and drug use and reassessed what is important to you. This has been a valuable lesson and you have worked hard to put the negatives in your past behind you. You are very motivated towards a positive lifestyle and have significant factors in place to motivate you to continue down this pathway.

56At this moment in time, your prospects for rehabilitation are high.

Sentencing submissions

57Both parties have submitted that all relevant sentencing considerations can be reflected in the imposition of a Community Correction Order.

58Accordingly, I have had you assessed as to your suitability for such an Order. You are assessed as suitable for a Community Correction Order. You are assessed as being at low risk of reoffending. It is recommended that I only consider community work and drug treatment as part of any Community Correction Order. 

59Mr Crosbie, you would not be familiar with this, you Mr Backwell probably are, but I just want to check with you that there have not been any matters that you would bring to my attention or any factual errors.

60COUNSEL:  No, Your Honour.

61HER HONOUR:  Thank you.

Sentencing

62I do make the ancillary order as sought for the disposal of cannabis. That was the extent of the ancillary order, wasn't it Mr Crosbie?

63MR CROSBIE:  Yes.

64HER HONOUR:  Thank you.

65Otherwise, the basic purposes for which a court may impose a sentence include punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community. In sentencing you, I must have regard to a range of matters, which include the seriousness of the offending, your culpability for it, your personal circumstances and of course those of your victims.

66I must also balance the interests of community in denouncing criminal conduct, with the interest the community clearly has in seeking to ensure, where possible, that offenders are rehabilitated and safely reintegrated into society. 

67I have taken into account the sentencing guidelines referred to in s5 of the Sentencing Act1991 where relevant to your case. I have taken into account current sentencing practices for the offences to which you have pleaded guilty and the important principles of both totality and proportionality.

Sentence

68I sentence as follows.

69For Charge 2 on the indictment, possess cannabis, you are convicted and fined the amount of $1,500, reflective of the sheer volume of Cannabis you had in your possession.

70For Charge 1 on the indictment, aggravated burglary, you are convicted and placed on a Community Correction Order for a period of two years and four months. That Order has the following conditions:

(a)   You are to be supervised by the Office of Corrections;

(b)   You are to complete 200 hours of community work;

(c)   You are to submit for treatment and rehabilitation in relation to drug use;

(d)   You are to submit for programs designed to reduce your offending. Now that particular component was not recommended by Corrections, but it will give them some leeway if any problems are identified during the period that the order is in place.

71Seventy-five hours of community work condition is offset against the treatment conditions, therefore, the more treatment the less community work. 

72In addition to the conditions I have imposed, there are standard conditions. The first and foremost of those is that you must not commit any other offences during the two-year and four-month period which could be punished by imprisonment. You must also report within two working days to the nearest Corrections office. You are required to tell your Corrections office of any change of address of where you are living or working and need to do so within two clear working days. It is a term of all Community Correction Orders that you must submit to visits as directed and you must obey all the instructions and directions of a Corrections Officer. You are not able to leave the State of Victoria without the prior permission of your Corrections office.

73In my view, this Order presents you with a chance to continue your life in a positive fashion should you choose to take up that opportunity and the supports that should be made available. The Order can be breached if you do not comply with it in terms of the conditions or reoffend, as I have said, with an offence punishable by imprisonment whilst it is in place. If you do, you will have to appear before me for contravening the Order and I may have to resentence you on the original charge, as well as for a separate offence of contravening the Order.

74I can only place you on such an Order with your consent and if you wish to speak with Mr Backwell as to whether or not that consent will be forthcoming, you will be given the opportunity to do so. Do you want to speak to Mr Backwell about that?  Do you agree to being placed on that Order? Just for the record, there was a nod to that question.

75Section 6AAA of the Sentencing Act1991 obliges me to state the sentence I would have imposed had you not pleaded guilty. If not for your pleas of guilty, you would have been sentenced to a total effective sentence of two years and two months' imprisonment with a minimum of 14 months before being eligible for parole. 

76Anything further from either of you?

77COUNSEL:  No, Your Honour.

78HER HONOUR:  I thank you both for your assistance and those that instruct you, and I also thank you for your patience given I was unable to sit last Thursday. 

79Mr Santos, you have made enormous efforts in a short period of time. You should have a great deal of faith in yourself with those efforts that you have made. I have placed a great deal of faith in them, in the way that I have sentenced you today.  So in the nicest possible way, I don't want to see you again. I'm reasonably confident you feel the same way about seeing me. 

80All right, thank you very much.

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