Director of Public Prosecutions v Silva (a pseudonym)
[2025] VCC 1339
•16 September 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ROHAN SILVA (A PSEUDONYM) |
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JUDGE: | HIS HONOUR JUDGE TIWANA | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 19 August 2025 | |
DATE OF SENTENCE: | 16 September 2025 | |
CASE MAY BE CITED AS: | DPP v Silva (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 1339 | |
REASONS FOR SENTENCE
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Subject:Criminal law - Sentence
Catchwords: Obtaining a financial advantage by deception – Three summary offences of contravention of a family violence intervention order – Family violence involving emotional and economic abuse – Accused transferred $230,000 from the victim’s personal bank account – Most of the money returned to the victim shortly after the offending – Offending occurred following the breakdown of the marriage – Plea of guilty at the earliest opportunity – Remorse – Limited and aged criminal history – Offender has undertaken significant rehabilitation since the offending.
Legislation Cited: Crimes Act 1958 (Vic); Family Violence Protection Act 2008 (Vic); Sentencing Act 1991 (Vic).
Cases Cited:Boulton v The Queen (2014) 46 VR 308
Sentence: 16-month Community Correction Order and a financial penalty of $2,500.
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APPEARANCES: | Counsel | Solicitors |
| For the Prosecution | Ms C Paganis | Office of Public Prosecutions |
| For the Accused | Mr R Edney (For Plea) Mr S Pascoe (For Sentence) | Pascoe Criminal Law |
HIS HONOUR:
Introduction
1Rohan Silva,[1] you have pleaded guilty to one charge of obtaining financial advantage by deception, contrary to s 82(1) of the Crimes Act 1958 (Vic).[2] This offence carries a maximum penalty of 10 years’ imprisonment.
[1]A pseudonym.
[2] Charge 1 on Indictment R10057973.
2You have also consented to this court hearing and pleaded guilty to three summary charges of contravening a family violence intervention order, contrary to s 123(2) of the Family Violence Protection Act 2008 (Vic).[3] This offence carries a maximum penalty of 2 years’ imprisonment and/or 240 penalty units or both.[4]
[3] Summary Charges 3 – 5.
[4] Equating to a fine of $48,842.40.
Circumstances of the offending
3I sentence you on the basis of an agreed prosecution summary of facts.[5]
[5]Exhibit A.
4You and Ms Abbasi[6] met in 2019 and got married in 2021. You have a son together who is two years old.
[6]A pseudonym.
5Since 2021, there have been seven incidents of family violence reported to police. On six occasions, you were recorded as the perpetrator and Ms Abbasi as the affected family member. On one occasion, Ms Abbasi was the perpetrator and you the affected family member.
6On 27 December 2023, Ms Abbasi ended her relationship with you.
7On 28 December 2023, you refused to allow Ms Abbasi to take your son to childcare. You told her that you wanted to take him with you for a few days and refused to disclose any further details. Fearful of what you may do, Ms Abbasi contacted police.
8On that same day, you changed the pin code of the family home electronic door entry locks so that Ms Abbasi could not gain entry.
9Ms Abbasi contacted your brother, who assisted her in regaining entry into the home by obtaining the new pin code from you.
10You had also tampered with the car Ms Abbasi usually drove, by disconnecting the battery. The car had to be towed for repairs.
11You shared a joint bank account with Ms Abbasi in which you were able to deposit and withdraw money from the account without each other’s signatures. This account was for bill payments, groceries and other household expenses. In addition to the joint bank account, you and Ms Abbasi each had your own personal bank accounts which neither party had access to. Ms Abbasi did not share her personal bank account details with you.
12Ms Abbasi noticed that her iPad was missing from the family home. She used the iPad to log into her personal bank account. She could not recall if her login details were automatically saved on her iPad.
13On 28 December 2023, you transferred $230,000 from Ms Abbasi’s personal bank account into the bank account you jointly shared. You then transferred the $230,000 from the joint account into your own personal account, an account that Ms Abbasi did not have access to (Indictment Charge 1 - obtaining financial advantage by deception).
14You left Ms Abbasi with no money in her personal bank account.
15On 29 December 2023, an interim family violence intervention order was issued against you which prevented you from contacting or communicating with the victim by any means.[7]
[7]In addition to a number of other conditions – see Exhibit A [8]. Communication in respect of childcare arrangements was permitted. The order was served on you at Reservoir Police Station on 3 January 2024, and the conditions were explained.
16Ms Abbasi’s parents spoke to you and asked you to return the money. On 6 January 2024, you transferred $10,000 twice and a further $2,000 into the joint account for Ms Abbasi to access. Ms Abbasi also contacted her bank and was able to recover $164,000 from your bank account. This left a shortfall of $44,000.
17On 11 January 2024, Ms Abbasi wrote an email to you, requesting that her iPad be returned. The iPad was later found by her in the garage of the family home.
18On 9 February 2024, you wrote an email to Ms Abbasi stating that the $44,000 shortfall was owed to you for repairs and other unspecified things.
19In contacting Ms Abbasi by email regarding the $44,000 shortfall, you contravened a condition of the family violence intervention order (Summary Charge 3 – contravention of a family violence intervention order).
20On 14 February 2024, you arranged a chocolate delivery from Edible Blooms to Ms Abbasi. It was accompanied by a card with the wording “From your secret admirer.” This also contravened the family violence intervention order (Summary Charge 4 - contravention of a family violence intervention order).
21On 26 February 2024, a final family violence intervention order was issued against you at Heidelberg Magistrate Court with the same conditions as the interim order.[8]
[8]A copy of the order was provided to you at court.
22On 27 February 2024, you attended Reservoir Police Station by appointment where you were arrested and interviewed.
23You admitted to moving the $230,000 from the joint account but denied having access to Ms Abbasi’s personal bank account.
24You admitted to sending the email on 9 February 2024, and acknowledged that by doing so, it contravened the intervention order.
25You initially denied involvement in the delivery from Edible Blooms, however, later admitted to sending the gift box but stated that it was intended for another recipient, namely the “next door neighbour’s daughter.”
26On 20 August 2024, Ms Abbasi received two messages on her iCloud account which showed that you had sent her an invitation to access two different family album folders. This conduct contravened the family violence intervention order (Summary Charge 5 – contravention of a family violence intervention order).
Victim impact
27I have had regard to Ms Abbasi’s victim impact statement declared on 12 August 2025.[9]
[9]Exhibit B.
28She was once a studious person but now struggles to concentrate and study for her exam to become a surgeon. She describes her career as a surgeon being “derailed.” She struggles with sleeping and remains fearful of you attending the home. She is undergoing trauma therapy.
Personal circumstances
29Mr Edney set out the pertinent matters relating to your background in his written submissions.[10] Your personal circumstances are also set out in Dr Barth’s psychological report.[11]
[10] Exhibit 1.
[11] Exhibit 2.
30You were born in Sri Lanka in 1984 and are now 41 years of age. You have one younger sibling. At the age of five, as a result of the civil war, you and your family emigrated to New Zealand.
31Approximately 10 years later, your family moved to Australia and settled in Melbourne. You describe a positive upbringing in a close and supportive family unit. Your family remain supportive of you, and you currently live with your parents.
32You completed Year 12 and then commenced and completed an electrical apprenticeship. You worked in a variety of roles as an employee and sub-contractor.
33In 2010, you established your own business primarily concerned with the installation of solar panels. At its height, the business employed 26 employees. The business is still ongoing with approximately six employees. The breakdown of your marriage has been the main factor in your business not continuing to operate at its optimal level. You remain committed to your business and hope to expand it.
34You have experienced difficulties with drugs and alcohol. Your alcohol consumption increased due to work stress and conflict in your marriage. After the marriage ended, you were consuming six standard drinks every day for several months. You have now reduced your alcohol consumption to ensure that you are able to maintain contact and be a good father to your son.
35You also started using cannabis in your early twenties. As with alcohol, your cannabis use increased due to work stress and conflict in the marriage. You have also reduced your cannabis use but continue to consume it on an infrequent basis.
36You have used other drugs on a weekly basis since your early twenties with your peer group. These include amphetamine, ecstasy, cocaine and methamphetamine. However, you have not used such stimulant-based substances in over 12 months. You told Dr Barth that you are motivated to achieve long-term abstinence from drugs.
37You have had a number of relationships, before meeting Ms Abbasi via an online dating site.
38You speak of your strong love for your son and currently have supervised access with him every weekend. You have completed a number of courses to assist you in being the best father possible.
39While the financial aspect of the separation has been resolved, there remain contested proceedings in the Family Court in respect of access to your son.
Criminal History
40You have a limited criminal history involving two appearances in the Magistrates’ Court.
41On 2 May 2012, you were sentenced for offences of intentionally causing injury, unlawful assault and wilfully trespass in a public place to a fine of $1000.00.
42On 22 April 2014, you were sentenced in respect of an offence of indecent assault and placed on a 12-month Community Correction Order (‘CCO’).
43These prior matters do not involve offending against a former partner.
44I was told that you have two subsequent matters relating to the same victim, Ms Abbasi, one of contravening a family violence order and another of persistent contravention of a family violence order. The offence of contravening the order occurred between 24 and 25 May 2024 and resulted in a non-conviction fine. Therefore, this offence overlapped with the contravention matters for which I am to sentence you. The persistent contravention offence occurred between 14 and 26 November 2024 and involved sending five emails to the victim. You received a fine with conviction for this offence.[12]
[12]There is a pending matter involving another contravention of the order alleged to have occurred between March 2024 and August 2024. Therefore, overlapping with the matters for which I am sentencing you.
Gravity of the offending and sentencing purposes
45The offending occurred in the context of a relationship breakdown and represents family violence. Family violence is not limited to violent abuse. It can involve, as it did here, financial and emotional abuse. The courts must condemn family violence and impose sentences that deter others to resort to abuse, whether it be physical, economic or psychological. You withdrew a significant sum of $230,000 from the victim’s account to which you had no authorised access. This involved you accessing her personal electronic device and breaching her trust. The withdrawal of this sum caused her distress. You told Dr Barth that your main motivation for transferring money out of Ms Abbasi’s account was to “piss her off” and award you some sort of “leverage.”[13]
[13] Exhibit 2 [38].
46Thankfully, most of the money you took was returned to the victim. You returned $22,000 and $164,000 was returned by the bank. I was told by your counsel, that the outstanding $44,000 has been absorbed as part of the financial settlement that has been reached. The settlement means that Ms Abbasi will keep the family home. Accordingly, there is no outstanding payment owed by you as a result of your vindicative offending.
47In addition to the indictable offending, you contravened court-imposed intervention orders on three separate occasions. Your offending demonstrates a complete disobedience of court mandated orders designed to protect a family violence victim. You were aware of the orders and their terms. In respect of the final order, you were present at court when it was made. The contraventions occurred over a period between 9 February 2024 and 20 August 2024. The last contravention in August occurred after you had been interviewed by the police, including about the earlier two breaches.
48While the breaches did not involve any physical contact or direct face to face communication, it is understandable that contact of any nature would cause a victim emotional distress and concern for her safety, as was the case here.
Defence submissions
49I have had regard to the following material tendered on your plea:
(a) Written plea submissions prepared by your counsel, Mr Edney, dated 17 August 2025;[14]
(b) Psychological report of Dr Mathew Barth dated 3 August 2025;[15]
(c) Treatment report of Mr George Phlorides dated 19 May 2025;[16] and
(d) Bundle of certificates pertaining to eleven courses you have completed.[17]
[14] Exhibit 1.
[15] Exhibit 2.
[16] Exhibit 3.
[17] Exhibit 4.
50Your counsel relied upon the following matters in mitigation:
(a) Plea of guilty entered at the earliest stage;
(b) Remorse;
(c) Diagnosis of mental health issues and the fact that you have sought ongoing treatment and support since the offending; and
(d) Favourable prospects of rehabilitation.
51Your counsel submitted that this offending, when regard is had to all the mitigating factors and your background, does not require a term of imprisonment, which is always a sentence of last resort. He submitted that a CCO would meet all sentencing objectives.
Dr Barth’s assessment
52Dr Barth assessed you on the 16 and 21 July. His findings are set out in his comprehensive report.
53Dr Barth sets out your background, including a positive upbringing, aside from some minor bullying during secondary school years, and a positive relationship with your family.
54You expressed some remorse for your behaviour, stating that: “It’s super embarrassing. I’m a complete muppet. She is still the mother of my son. I do feel bad that I did those things.”[18] You acknowledged that your entire behaviour towards Ms Abbasi during the relevant period of the offending was “very foolish and misguided.”[19]
[18] Exhibit 2 [39].
[19] Exhibit 2 [38].
55Dr Barth notes that you were diagnosed with Attention-Deficit-Hyperactivity-Disorder (‘ADHD’) in September 2023. He further diagnoses you with an Adjustment Disorder – with Mixed Anxiety and Depressed Mood.
56Dr Barth states that:
Mr Silva attempts to present himself in a confident and self-assured manner. However, a comprehensive evaluation indicates that beneath this exterior he harbours significant insecurities and self-doubt. He tends to view the world in competitive terms, but because of his underlying doubts in himself he is unsure that he has the necessary abilities and skills to navigate life’s challenges. At a fundamental level, Mr Silva has had difficulty with the maturity in his intimate relationships. Mr Silva has had considerable problems with the ‘give and take’ nature of such unions. He has difficulty adjusting to his partner needs and lacks insight into how his behaviour affects others. Hence, Mr Silva is prone to periods of disillusionment and irritability when problems arise and he feels his needs are not being met. His results to psychological testing indicate that he is prone to impulsive and reckless behaviour in such situations which militates against effective control. His abuse of alcohol and drugs is a key example. This aspect of his adjustment may also be, at least partially, attributed to his ADHD symptoms. In any event, Mr Silva’s level of maturity is limited for a man of his age.[20]
[20] Ibid [47].
57Dr Barth recommends that you receive concerted and structured psychological treatment as well as specialist substance abuse treatment.
58In terms of your rehabilitation, Dr Barth highlights the positive factors in your life, including family support, stable accommodation and employment. Dr Barth also states that your:
experience of the criminal justice system has been profoundly aversive and is acting as a strong motivator for [you] to pursue constructive personal change.[21]
[21] Ibid [54].
59Dr Barth opines that your rehabilitative prospects can be viewed with ‘a degree of optimism’ if you engage productively in the required treatment. You expressed to Dr Barth motivation to engage in any necessary treatment.
60I have also had regard to the treatment report of George Phlorides. Mr Phlorides confirms that you have attended eleven psychological treatment sessions since 20 May 2024 focusing on Cognitive Behavioural Therapy. Mr Phlorides states that you have demonstrated a high motivation to change.
61I also note that you have undertaken a number of courses as confirmed by the bundle of certificates and letters. This includes a number of parenting courses, including a Caring Dads program that you have attended since 10 September 2024. Until now you have attended every session being eight in number. You have also completed a Men’s Behaviour Change Program, completing the required twenty sessions. Your engagement in these programs is to be commended. You have undertaken some drug and alcohol counselling.
62I accept that you have a limited prior history that involves no dishonest or family violence offending.
63Your pleas of guilty have been entered at the earliest stage. This entitles you to a sentencing discount. By pleading guilty you have facilitated the course of justice and taken responsibility for your actions. You have saved the community the time and expense associated with a trial. More importantly, Ms Abbasi has been spared the ordeal of having to give evidence in court. I also accept that your pleas of guilty demonstrate some genuine remorse for your offending.
64Your counsel submitted that the offending occurred in the context of the breakdown of your relationship. You were of the belief that Ms Abbasi may relocate to Sri Lanka with your son and that the removal of her funds may prevent that from occurring. You did not take the money for financial gain. You struggled to accept that the relationship was over and hence the contact contravening the intervention order.
65I note it is not unusual for such offending to occur in circumstances of a relationship breakdown and the inability to accept it. It is important to move forward without resorting to criminal conduct as you did.
66However, since the offending, you appear to have moved on in a more positive vein. You are determined to focus on your son and in that respect have undertaken a number of parenting courses. You have sought psychological counselling as well as completed courses centring around violence against women. You are motivated to continue the necessary treatment identified by Dr Barth.
67Importantly, you have maintained your business that provides a livelihood to a number of employees. You have supervised contact with your son every weekend and hope to continue that in a more unrestricted environment.
68I am prepared to accept, as submitted by your counsel, that you have good prospects of rehabilitation if you maintain the rehabilitative path as you intend to.
Prosecution submissions
69I have also had regard to the prosecution submissions. The written submissions emphasise the seriousness of the offences committed, and the vulnerability of your victim at the time of the offending. The offences occurred within a family violence context, including financial abuse, and require strong denunciation. The prosecution submitted that the gravity of the offending was such that a term of imprisonment in combination with a CCO was necessary to meet the serious of the offending and the sentencing objectives.
Sentencing
70As I indicated at the plea hearing, this is a case where the guidance in Boulton v The Queen is appropriate to apply. In my judgment, I do not need to impose a term of imprisonment.
71I have had regard to the CCO assessment report dated 12 September 2025.
72HIS HONOUR: Could you please stand?
73On charge 1, obtaining property by deception you are convicted and sentenced to a CCO that will commence today and last for a period of 16 months.
74On the three summary charges of contravening a family violence intervention order, you will be convicted and sentenced to an aggregate fine of $2,500.
75Every CCO has core conditions with which you must comply. The core conditions are set out in a document that you will be given shortly. They include that you must not commit any offence punishable by imprisonment and that you must not leave Victoria except with the permission of the Secretary.
76In addition to the mandatory core conditions, the CCO will also include the following special conditions:
· First, you must perform 120 hours of unpaid community work as directed.
· Second, you must undergo assessment and treatment (including testing) for drug abuse or dependency as directed.
· Third, you must undergo assessment and treatment (including testing) for alcohol abuse or dependency as directed.
· Fourth, you must undergo any mental health assessment and treatment as directed.
· Fifth, you must engage in programs that address factors relating to your offending behaviour.
· Sixth, you will be subject to supervision as directed for the duration of the CCO.
77You must report to South Morang Justice Service Community Centre within two clear working days from today.
78Pursuant to s 48CA(2) of the Sentencing Act 1991, I direct that treatment and rehabilitation successfully undertaken is to be counted as hours of unpaid community work for the purposes of the unpaid community work condition.
79Mr Silva, you need to understand that if you were to breach the CCO in any way, either by committing another offence or by not complying with any of the core conditions or any of the special conditions, then you could be charged with the offence of breaching the order.
80The offence of breaching a CCO itself carries a maximum penalty of three months' imprisonment. So were you to breach the order, you would need to come back to court and face sentencing for that breach offence. In those circumstances, you could also be resentenced for the offence for which you have placed on the order today. You would then face the possibility of being sent to custody.
81There are serious consequences attached to any breach. Do you understand that?
82OFFENDER: Yes, Your Honour.
83HIS HONOUR: Do you also understand all of the conditions of the proposed CCO?
84OFFENDER: Yes, Your Honour.
85HIS HONOUR: I need to now ask you; do you consent to being placed on a CCO in the terms I have outlined and to abide by all of its conditions?
86OFFENDER: Yes, Your Honour.
87HIS HONOUR: Thank you. You will now be given a copy of the CCO which sets out all the conditions of the order. Please sign the order to formally acknowledge your consent.[22]
[22]CCO order signed by the offender.
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