Director of Public Prosecutions v Siumu

[2025] VCC 418

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL JURISDICTION

Revised

Not Restricted

 Suitable for Publication

CR-25-00020

DIRECTOR OF PUBLIC PROSECUTIONS

v

PENEUETA SIUMU

---

JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:	25 March 2025
DATE OF SENTENCE:	4 April 2025
CASE MAY BE CITED AS:	DPP v Siumu
MEDIUM NEUTRAL CITATION:	[2025] VCC 418

REASONS FOR SENTENCE

---

Subject:  CRIMINAL LAW

Catchwords:  Charge of violent disorder – youthful offender.

Sentence: Total effective sentence of 28 days and a 12 month Community Corrections Order

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr B. Hardisty	Office of Public Prosecutions
For the Accused	Mr N. Goulas	Chester Metcalfe & Co

HER HONOUR: 

1Peneueta Siumu, you have pleaded guilty to one charge of a violent disorder, and the maximum penalty for that offence is 10 years.

2This offending arose in the context of a fight between two rival youth groups at Epping Plaza.

3The circumstances of your offending are contained in the summary of prosecution opening dated 15 March 2025, Exhibit A.

4I also had available to me relevant CCTV footage from different cameras at the plaza.

5The offending can be summarised as follows:

6Members of the other group, or Group A, were identified as Ali, then aged 21, his brother who was 16, and two others aged 17 and 18.  Members of your group, or Group B, included you, Jacob Mailei, Kallistos Wulf, and four others all aged between 17 and 19.

7The conduct leading up to the violent disorder itself started in an area referred to as the 'Urban Diner' outside the plaza.  The area has a collection of restaurants with outdoor settings, as well as an adjoining carpark.

8On the evening of the incident the Urban Diner was heavily populated including with families and young children.  There were, therefore, members of the public who witnessed this violent altercation between the groups.

9By way of background, at 7.07 pm members of your group, B, including you and Mailei, arrived at the plaza and met up with other members of the group who were already there including Wulf.  About ten minutes later Ali drove into and arrived at the plaza with members of his group and parked in the plaza carpark. 

10At 7.50 pm Ali and another member of his group left the plaza and entered the Urban Diner area.  Those two, and Wulf, approached each other and a heated conversation took place between them.  Another member of Group B joined Wulf.  That member called other members of Group B to join them, and similarly, a member of the other group called others to join.  Wulf and the other members of your group returned to the remainder of your group at the Urban Diner.

11At about five to eight members of Group A went to their car and moved it to the carpark adjoining the Urban Diner.  Both groups were then walking around the plaza looking for each other.  Security was alerted.

12At about five past eight Wulf and a member of Group A had approached each other in the Urban Diner.  Another member of Group B joined that encounter and raised his fists in a provocative manner.  Simultaneously, Wulf, Mailei, and another member of Group A, produced machetes that they had concealed in their respective clothing. 

13Wulf stood at the front of Group B and advanced towards Group A.  Your group remained near Wulf.  You produced a large kitchen knife from within your clothing.  As Wulf and Mailei advanced towards Ali with machetes, Ali raised his right hand, still in his lower jacket pocket, and pointed it in the direction of your group.

14Wulf swung his machete at Ali hitting him multiple times to the head, arm and body.  At that time Mailei approached Ali from behind and struck him to the back of his head with the machete.  His brother grabbed him and pulled him away.  All of Group A then ran towards the carpark, being chased by Group B.

15At 8.07 pm, Ali stopped, turned and fired one shot in the direction of Group B, back towards the Urban Diner area.  He missed all six members of Group B and any members of the public, instead hitting a glass panel boarding an outdoor eating enclosure causing it to splinter.

16A member of the other group dropped his machete, which was picked up by Wulf.  He then had a machete in each hand.  Wulf and Mailei from your Group B proceeded to advance on Ali and his brother within the carpark.  Ali then walked towards the three of them with his arm raised and fired a second shot, missing all three but hitting a nearby car.

17Several members of the public phoned Triple 0 once the violent altercation commenced, and on their arrival within seconds of those calls, police observed patrons at various eateries locking themselves inside, cars hurriedly driving away from the area and patrons pointing police in the direction where the groups had dispersed.  Police ultimately located all members of Group B in the vicinity of the plaza.

18Ali received serious injuries, including an incised wound to the back of his head with a visible fracture, an incised wound with skin flap over the left elbow causing a fracture, incised wounds to the left elbow, left ring finger and left of his back.  He was transferred to Royal Melbourne Hospital after CT scans given his head injury but was discharged on 25 June 2024.

19Dr Moller from the Victorian Institute of Forensic Medicine later opined these injuries were consistent with having been caused by a knife or a machete.

20His brother also received serious injuries, including a significant deep laceration at the ulnar aspect of the left wrist, extending to the palm.  His tendons were exposed.  There were various fractures of bones on his left arm, some of which were open and visible.  There were significant lacerations of muscle and arteries.

21During treatment of injury to his left arm, amputation was considered.  He still does require treatment and hand therapy.

22No victim impact statements were received from either Ali or his brother, however, it is clear that both suffered significant serious injuries as a consequence of being attacked by members of your group with at least three machetes.

23As to your personal circumstances, in addition to the written submissions filed on your behalf, I was provided with a letter from Efea Pesale, intensive support worker, Youth Justice Community Support Services, dated 20 March 2025; a support letter from Pastor Mailei dated 15 July 2024; supervised bail progress reports dated 8 January and 21 March 2025, and a report of Courtney Steffens, psychologist, dated 7 March 2025.

24Your personal circumstances are comprehensively detailed in the various materials before the court, in particular the psychological report.

25Briefly, you are of Samoan heritage and were born and raised in Auckland, New Zealand.  You are the second youngest of your parents' five children.  Your parents are both employed, and you grew up in a positive environment.

26Your family moved to Australia when you were 10, and you attended the last year of primary school and high school in Victoria. You had difficulties at school and were suspended on a number of occasions. You ultimately left school in Year 11, hoping to obtain employment.

27You did have a period of employment for about a month in November last year with Direct Freight Express, though you were dismissed after failing to attend work on one occasion.

28I was informed that you remain motivated to obtain employment and have been continuing to work with the relevant agency.  You are hopeful of obtaining work in a warehouse or with your father.

29You currently reside at the family home.  Extended family members including your three-year-old nephew reside there and you assist in caring for him.

30I was informed that you and your family attend church on a weekly basis and that your parents were in court to support you.

31You are generally in good physical health.  Your mental health deteriorated when you were remanded for this matter.  You reported experiencing thoughts of suicide and urges of self-harm, culminating in emotional dysregulation.  Prior to this time, you have no history of mental health issues.

32Whilst on bail you engaged with Orygen Mental Health Youth Service and attended fortnightly appointments with a senior mental health clinician.  You reported these sessions as helpful, and you have ultimately been discharged from that mental health treatment.  You have indicated your mental health is good, better than before.

33You commenced using alcohol and drugs when you were 16.  This was in the context of mixing with peers and transitioning out of school.  At the time of this offending, you reported you were heavily on Xanax.  You cannot remember whether you had smoked cannabis that day but think it was most likely.  You indicated that at this time you would consume two to four Xanax each day and smoke cannabis.

34When you were released from custody you successfully engaged with an AOD service for young people.  As at March 2025, although it was reported you had engaged in three sessions of counselling, your case was closed on 13 February due to lack of engagement.  Both sessions you attended focused on education and relapse prevention strategies.  You told Youth Justice you have not used substances since this offending and that you do not currently feel the need for such a service.

35The 2025 bail reports record that you engaged positively with Youth Justice and participated in discussions focused on promoting your engagement with additional services, a cultural support worker, and you have been engaging well on a weekly basis in appointments that have included gym activity and cultural cooking.  Further, you successfully completed a Pacifica total outdoor experience program, and you were the only person to attend all the sessions.

36You have no prior convictions.  However, you did plead guilty in the Children's Court to a number of offences relating to car thefts, but more relevantly, two charges of affray on 18 December 2024.  These occurred on 23 November 2023 and 17 February 2024.  Both of those offences occurred with you in company of Wulf, involved a confrontation with other youths in a local newsagent and a train station or public places, and you had in your possession each time a knife, like a weapon.  You were placed on a bond and discharged.

37When this incident occurred you were not attending school, you were not working and you were bored at home doing nothing.  You have indicated you were unaware at the time of problems between Groups A and B, particularly between Ali's brother and someone in your group.

38I was informed that you understand that your drug use on this occasion does not mitigate your offending.

39As to the reason for you having a knife on this occasion, I was informed that you would sometimes carry a knife for protection after you were stabbed in front on the Northern Hospital at the start of 2023.  On that occasion you were attending to visit your cousin at the hospital when three boys jumped out of a car and charged at you.  You were stabbed twice, once in the right thigh and once in the right arm and required hospitalisation for two weeks and to have an operation.

40There was no evidence before me to verify the circumstances of this attack.  You clearly knew at the time of this incident the damage and injury that such a weapon can inflict.

41You were arrested on 25 June 2024 and spent 30 days in custody.  You reported experiencing thoughts of suicide and self-harm and were emotionally dysregulated.  There was an incident with another adult prisoner, and you were ultimately placed in isolation.  The experience of custody has been salutary. 

42You were granted bail on 24 July 2024 with strict conditions regarding residing at the family home, a curfew of 9.00 pm, not to contact or associate with any co-offenders, not to be in possession or carry any weapons, to attend and participate in bail support services and to reside at your home.

43You have been on these strict conditions for eight months and have been compliant.

44As to matters in mitigation, I take into account your good character and that you have no prior convictions.  Your youth; courts have recognised particular principles in relation to youthful offenders and I adopt those principles recognised in Mills.

45You only had recently turned 18 when this incident took place.  Although the offending had serious elements, its group character and the fact it involved some offenders who were children, is also consistent with it being described as youthful offending.  It was, however, serious.

46Your plea of guilty.  After negotiation regarding the appropriate charges, you indicated you would plead to this single charge.  I accept the plea was at its first reasonable opportunity.  It has utilitarian value, there is public utility in sparing the court and witnesses the necessity of a complex trial likely with multiple accused.  It is also indicative of acceptance of your responsibility. 

47Further, your plea is indicative of remorse.  That is consistent with the material contained in the psychological report which recorded that you showed capacity to reflect on your actions and express remorse.

48The psychological evidence supports the conclusion the burden of imprisonment will weigh more heavily on you than a person without your sub-threshold depressive symptoms, as outlined by the psychologist.

49Your counsel submitted you had excellent rehabilitation prospects given your plea of guilty and remorse, the progress that you have made on bail and positive engagement with Youth Justice, the salutary experience of 30 days in adult custody, support from your family and no criminal history.  I accept you have very good rehabilitation prospects.

50The offending was objectively serious, involving as it did a terrifying event in a public place where families were enjoying a night out.  Patrons were exposed to the presence of machetes and also the use of them to inflict serious injuries on members of the opposing group.  I note that it is the pack mentality and violence perpetrated as a group which is the essence of this offence of violent disorder.

51You were not alleged to be an instigator of the offending, nor a primary perpetrator, your involvement was limited to your presence at the plaza with your group and you producing a kitchen knife. 

52Many of the offenders involved in this incident from both groups were children and had their matters dealt with in the Children's Court.  Very different considerations apply in that jurisdiction than they do in the adult jurisdiction where you have found yourself.  Additionally, some of your co-offenders had other matters dealt with at the same time or had prior matters.  Parity strictly does not apply, though it does remain relevant.

53I was referred to some comparative cases and current sentencing practices, though the former are of limited assistance given the different circumstances and personal background of offenders.

54Your counsel submitted I should impose a CCO.  I had you assessed as to your suitability for such an order and received a favourable report.

55The prosecution conceded that a combination sentence that did not require you to serve further time in custody was within range.

56As to relevant sentencing principles, just punishment and denunciation are important. 

57In the circumstances of this case, with offending like this involving gangs of children and young men engaging in violence with machetes, in this instance in a public shopping eatery area where patrons were in close proximity and able to observe the attacks, general deterrence and community protection are particularly relevant. 

58I accept, given your lack of prior matters, specific deterrence is of less significance.  These must be balanced by significant material in mitigation, particularly your youth, compliance on bail for eight months, the experience of adult custody and your plea of guilty.

59Random violence with weapons in a public place should not in a civilised society be tolerated.  This is even more so where serious injuries result.  Membership of gangs where a weapon is seen as almost an essential accessory and where violent altercations occur, not necessarily for any reason, are part of the activities to be engaged in, can, and in this instance, did lead to serious consequences.

60You at a very young age were incarcerated in adult prison on remand, an experience I am sure you do not want to repeat.

61I am prepared to give you the opportunity on a CCO, but you need to understand your conduct and your association with peers who engage in violence will, if you continue with that allegiance, find you back here before the courts.  In particular, if you break this order, I will not hesitate to return you to adult custody.  Do you understand that.

62ACCUSED:  (No audible response.)

63HER HONOUR:  Various conditions are recommended by Community Corrections.  I note that you have indicated yourself that you do not think that you have any problems with drugs, however, Corrections assessed you as being a medium risk of re-offending, and viewed that you would benefit from AOD treatment, so I am going to include that condition. 

64There is a condition regarding engagement in programs regarding reducing your offending.  You will be required to be under the supervision of Corrections.  I will have you do 50 hours community work.

65The sentence I impose - if you could stand up please - the sentence I impose in respect of the one charge of violent disorder is 28 days' custody and a 12 month community correction order.

66I declare pre-sentence detention of 30 days.  Effectively that means that you will commence your community correction order immediately.

67Pursuant to s6AAA of the Sentencing Act, if you had not pleaded guilty to this matter, I would have imposed a term of imprisonment of six months.

68Is there anything else.

69MR GOULAS:  Nothing further, Your Honour.

70MR HARDISTY:  There is a disposal order sought, Your Honour.

71HER HONOUR:  Yes, I will make the disposal order that has been filed with the court.  Thank you.

72MR HARDISTY:  Thank you, Your Honour. 

73HER HONOUR:  Thank you, I will just stand down.