Director of Public Prosecutions v Skinner
[2025] VCC 84
•10 February 2025
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR-24-00259
CR-24-00569
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| AMBER SKINNER SYED SULTAN |
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JUDGE: | HER HONOUR JUDGE QUIN |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 18 November 2024 & 28 February 2025 |
DATE OF SENTENCE: | 10 February 2025 |
CASE MAY BE CITED AS: | DPP v Skinner & Anor |
MEDIUM NEUTRAL CITATION: | [2024] VCC 84 |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Arson, burglary, theft, possession of a drug of dependence and handle stolen goods.
Legislation Cited:
Cases Cited:
Sentence:Skinner Community correction order for a period of 24 months, with 50 hours community work.
Sultan Total effective sentence of four years and a non-parole period of 20 months
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr R. Chandumri | OPP |
| For the Accused Skinner For the Accused Sultan | Mr R. Jakobson Mr M. Weinman | SPA Lawyers Ann Valos & Associates |
HER HONOUR:
1Amber Pollus Skinner, after a sentence indication hearing you pleaded guilty to arson Charge 1, burglary Charge 2, theft Charge 3 and possession of a drug of dependence Charge 4.
2Syed Sultan, after a different sentence indication hearing you pleaded guilty to three charges of theft Charges 1, 4 and 5, arson Charge 2, burglary Charge 3 and handling stolen goods Charge 6. You also agreed to have a related summary matter of committing an indictable offence whilst on bail to be heard by me and pleaded guilty to that offence. The maximum penalties for these offences are as follows.
3Arson, Ms Skinner Charge 1, Mr Sultan Charge 2, 15 years. Burglary, Ms Skinner Charge 2 and Mr Sultan Charge 3, 10 years. Theft, in respect of you, Ms Skinner, Charge 3 relating to property that was in the van left at the Lalor property and you, Mr Sultan, Charges 1 relating to the theft of the van,
4 the property from the Lalor property and 5 the BMW, 10 years. Possession of a drug of dependence in relation to you, Ms Skinner Charge 4 is for one year or 30 penalty units. Receiving stolen goods in respect of you, Mr Sultan Charge 6 relating to the property in the BMW and the registration plates, 15 years. In respect of the summary offence the maximum penalty is 30 penalty units or three months.4This offending occurred with your alleged co-accused, Jaafar Assi. The circumstances of your offending are fully set out in the summary of prosecution opening for sentence indication dated 12 August 2024 and 25 September 2024 respectively. Each of these documents were subsequently tendered on your plea hearing.
5By way of background, on the night of 2 June 2023 a 2010 Hyundai iLoad van registration BYZ 888, the van, was stolen in the Moonee Ponds area. The van operated as an Uber Carshare vehicle and was fitted with Uber Carshare global positioning system or GPS trackers with data available to Uber of the location, speed and kilometres travelled by the van. The van was parked in Moonee Ponds with the ignition key stored in a locked metal box attached to the driver's side window. There was only one ignition key in existence for the van.
6At midnight on 3 June 2023 the van was being driven in the Moonee Ponds area. At about 4 o'clock in the morning the Department of Families, Fairness and Housing's CCTV system captured you, Sultan, driving the van into the department's residential estate in Flemington, the residential estate, where you, Skinner, lived.
7About an hour later you were all seen leaving the residential estate in the van. You, Sultan, are driving. Your co-accused is in the front passenger seat and you, Skinner, are in the back of the van. That relates to Charge 1, theft of motor vehicle for you only, Mr Sultan.
8A business in Puckle Street, Moonee Ponds named Tobacconist Gifts & Accessories sold tobacco, vapes and smoking products (the business). It had been trading for about three weeks prior to the fire on 3 June 2023. At the front of the business there were horizontal metal barriers linked together to form a roller shutter. The shutters when rolled down provided security to the front glass window and door.
9At approximately 5.50 am the Fresco Nails and Spa shop next to the business had a CCTV system that captured footage of the van entering the laneway adjacent to it. The footage showed your co-accused and you, Sultan, exiting the van and walking along the footpath past the business. The clothing you were wearing is the same as you were both wearing as depicted in the CCTV at the residential estate.
10A short time later your co-accused and you, Sultan, are depicted walking back along the footpath and you re-entering the lane. You, Sultan, are pushing a road racing style bike. You then get in the van and drive to the end of the lane. You then drive the van out of the lane and onto Puckle Street where you stopped outside the business. At the same time your co-accused exited the lane and walked along the footpath carrying a 20 litre plastic container of liquid.
11You, Sultan, reversed the van, mounted the footpath and reversed twice, ramming the rear of the van into the business frontage damaging the shutters and the front door metal frame. The damage to the front window allowed internal access to the building. Your co-accused moved into the front door recess and doused the shop frontage with liquid. You, Sultan, then drove the van forward along Puckle Street away from the business. Your co-accused then ignited the liquid causing a large fire to start. You all then left in the van once the fire had started. That is the circumstances in respect of the arson charge.
12During the commission of the arson attack you, Skinner, remained in the rear cargo compartment of the van and you used your mobile phone to record a video of the arson being committed. There were three different videos. The video was taken through the front and rear windscreens of the van and captured your co-accused moving around the front of the van at the lane, the van in reverse ramming the business frontage and your co-accused at the rear of the van igniting the fire.
13The fire quickly developed and engulfed the internal shop structure and products of the business. Triple 0 were called and Fire Rescue Victoria attended and extinguished the fire. The fire was contained to the business and only caused minor damage to adjoining shops. Photos of the damage caused and video footage from your phone, Skinner, and CCTV were provided to the court. As a result of the fire the business and stock were completely destroyed and the building required a new internal fitout. The estimated damage was between $125,000 and $150,000 including the building and stock loss.
14The van's GPS tracker data showed that the van was driven from Moonee Ponds to an address in Padstum Avenue, Lalor, the Lalor property. At about 10 to eight a CCTV system installed at a residence near the Lalor property captured the van being reversed into the driveway and up to the rear garage. The owners of the Lalor property who live close by noticed the van in the driveway. The owner parked his vehicle in the driveway to block the van.
15Shortly after he saw you, Skinner, and your co-accused walking from the rear of the Lalor property. You, Skinner, were wearing the same clothes as depicted in the residential estate's CCTV footage. The owner spoke to you, Skinner and your co-accused. He told him that he had bought some stuff from Facebook Marketplace and he had come to pick it up. The owner told you the police were on their way. He then saw three of you run off. That is the circumstances in respect of the burglary charge for which you both face.
16The van was loaded with goods but also had a mobile phone wedged between the driver's seat and handbrake. Later when the phone was in the possession of police they were able to trace a number calling it to your co-accused. Fingerprints on the phone were later connected to you, Sultan. During a forensic examination of the van investigators located various items linked to the fire and some of you. These included a set of keys on the front driver's seat, various pieces of bedding seemed to be carried by you, Sultan, in the CCTV footage from the residential estate and an orange hi-vis jacket worn by your co‑accused in the same CCTV footage. Later DNA testing of the jacket linked him to it.
17Also in the van was the cap to the container found outside the business and a racing bike similar to that observed in the CCTV footage from the shop next to the business. Additionally located were a picture frame and two copper barrels later identified by the owner of the Lalor property. That is in respect of Charge 3 theft in respect of you, Ms Skinner and Charge 4 in respect of you, Mr Sultan.
18At the time of examining the van police observed two Uber Carshare GPS tracker modules. The GPS tracking data was mapped and indicated the route travelled by the van at the relevant times was from the residential estate to the business and then to the Lalor property. Call charge records and mobile phone tower location data obtained relevant to phones linked both of you and your
co-accused and revealed utilisation of mobile phone towers along that same route.19On 7 June CCTV from the Austin Hospital car park captured a BMW 320i entering the car park and later you, Sultan validating the ticket. You, Sultan can be seen on CCTV wearing a Chicago Bulls baseball style cap similar to the hat seen in the footage and the BMW was later driven away.
20On the same day police located the BMW in West Heidelberg and it had stolen plates affixed to the front and rear of the car. Police found relevant items in the BMW including the key to the van, a fragrance bottle later identified as containing your fingerprints, Sultan and a plastic bucket with assorted copper pipe and fittings. Those items relate to Charge 6, receiving stolen goods. The registration plates and copper pipe also relates to the theft of the BMW for which you are before the court, Mr Sultan. Although the van's ignition immobiliser had been reprogramed police were able to insert it into the ignition barrel and operate the mechanism.
21When you were arrested and interviewed by police you, Sultan denied being involved in the offending and denied either your knowledge of your co-accused or Ms Skinner.
22On 18 August 2023 police executed a search warrant at your home, Ms Skinner. The keys that police had located in the van unlocked your front door. During a search at the premises two mobile phones and clothing depicted on the CCTV from the residential estate were seized. When taken to the police station you were searched and a small Ziploc bag containing a white
crystal-like substance was concealed in your clothing. The powder was weighed and found to contain .59 grams of methamphetamine. That is in respect of Charge 4 for you, Ms Skinner, possession of a drug of dependence.23In your interview with police, Ms Skinner, you confirmed your phone number and address and that you were aware of the fire at the business. In relation to the circumstances of the fire you stated that a male that you knew came to your house with a friend. That they were going to pick up or put a chain on a motorbike in the van. You said you went with them because they were going to drive you to Tullamarine in order to see a friend. You were in the back of the van behind the driver's seat and were driven to the northern suburbs.
24In relation to the arson you confirmed that Shunu, now known to be Mr Sultan, was driving and that the van reversed into the shop, the window was smashed and that there was a fire. You denied getting out of the van at either the business or the Lalor property though admitted to recording the arson on your phone as requested. You also admitted the substance found was methamphetamine.
25I received a victim impact statement from the owner of the BMW which was read to me by the prosecutor today. The statement outlines the impact that, the theft of his car has had on him and his family, and fears that they hold in respect of their safety and security. Also it is apparent that there was significant sentimental value of personal items that were in the car that cannot be recovered.
26I turn then to your personal circumstances. At the sentence indication hearing and subsequent plea hearing a report from Dr Aaron Cunningham, psychologist dated 26 September 2024 was tendered and in addition, Ms Skinner, written submissions were filed on your behalf. The prosecution provided me with your prior history and also the report from Corrections regarding your breach of a CCO imposed on 7 February 2022 dated 30 December 2022.
27You were aged 31 at the time of the offending, unemployed and residing at the residential estate. You were born in Queensland and your parents separated when you were five. You were placed in the care of the state until you were 16 with different modes of accommodation, including secure welfare. As is the case with many children in your predicament you were mistreated in state care and effectively abandoned by your parents. From the age of 16 you have lived in private rentals, often with partners who have subjected you to domestic violence with you, on occasion, requiring hospitalisation.
28You have two sons aged eight and six. However, I was informed your youngest son has been taken by his father who is currently in hiding. You have not had contact with him for over a year. You have shared custody of your other son. You have had a tumultuous relationship with your mother, however, I understand you are currently supported by her.
29Your childhood and upbringing were chaotic and your schooling interrupted. You left school in about Year 8 and did not continue though you completed some courses to help you with employment. You have worked as a tattooist and have other relevant certificates with a forklift licence and in traffic control management. You have been unemployed for the last five years though you are hopeful of gaining work soon.
30As to your health, you suffer from a haematoma due to domestic violence and require blood and iron transfusions every three months. You have a significant drug history and started using methamphetamine at the age of 10 whilst in a residential unit. You have also used GHB. I was informed at the time of this offending you were using substances.
31Dr Cunningham opined you were pre-exposed to the development of post‑traumatic stress disorder given your significant childhood neglect and abandonment. Your PTSD was precipitated by the violence you have suffered in domestic relationships with your trauma being perpetuated by the loss of custody of your son. In Dr Cunningham's opinion your drug abuse is partly related to you escaping your symptoms of trauma and further, that such drug abuse in association with other drug users were the main contributors to this offending behaviour.
32Your counsel submitted that both Bugmy and Verdins principles were enlivened. The prosecution accepted the application of Bugmy in the general sense though disputed the connection with your mental functioning and the offending. The prosecution conceded Verdins limbs 5 and 6.
33I accept and take into account that your disadvantaged upbringing and development impacts your moral culpability for this offending and that your mental functioning would make imprisonment more burdensome for you.
34You have a significant prior history in both the juvenile and adult system. In 2014 you were before the Magistrates' Court on driving, dishonesty and drug offences and were placed on a community correction order. That order was breached and you received a suspended sentence and fines in November 2015. You have been before the court on six other occasions for similar offending since 2015 and received a three month term of imprisonment with a community correction order on 7 February 2022. I note that you were before the court on 2 June 2023 for contravention of that CCO and placed on an undertaking. It was the next day that you committed these offences. Your breach related to non-compliance with AOD and mental health related components not being met by you.
35As to your personal circumstances, Mr Sultan, the following material was tendered on your behalf. A report from Daniella Kocic dated 11 September 2024. Certificates from courses completed, some in custody. A bundle of documents from BailSafe Australia. A drug screen dated 10 January 2024. A reference from Teagan Barry, social worker, dated 2 June 2024. A letter from Dr Alison Fung dated 12 October 2023 relating to your partner and other health documentation relating to your son. Court documents relating to your appearance at Heidelberg Magistrates' Court on 13 November 2024. Additionally, written submissions were filed on your behalf.
36You were aged 41 at the time of the offending. You were born in Pakistan and have two older siblings. You reported growing up and being exposed to dead bodies with suicide bombings and shootings in your birth country. You moved to Australia when you were 24 but your family remained in Pakistan. You were educated in Pakistan and completed a Bachelor of Arts. When in Australia you completed an Advanced Diploma in Business Administration. You worked as a security guard at Melbourne Airport for about four years but that work ceased when you lost your security licence.
37You were married for about four years though your wife's family did not accept you. That marriage ended in 2013. Since this time you have experienced periods of homelessness and unstable accommodation. It was also at this time you commenced using drugs. Initially you were using methamphetamine only on weekends but that soon progressed to use of 1 or 2 grams daily. You have also had other drugs such as GHB. You have completed a number of AOD courses whilst you have been in prison but have returned drug use on your release.
38As to your current mental health, various testing was conducted by Ms Kocic. She opines that you had a predisposition to mental health issues due to your history of childhood trauma and exposure to violence. Your situation deteriorated when your marriage broke down and you were predisposed to developing complex post-traumatic stress disorder, though on her professional assessment you did not meet the threshold for a diagnosis of that condition. You were assessed as having moderate symptoms of depression and anxiety. She concluded that several factors were likely to have contributed to your offending including your transient lifestyle, affiliation with antisocial peers and your significant drug use.
39Your counsel submitted Verdins principles were enlivened given your mental functioning. The prosecution disputed that the relevant connection to your offending has been established. As I indicated in the course of your plea any link on the material before me could only be described as tenuous. I do, however, accept that imprisonment will be more burdensome for you as outlined by Ms Kocic.
40You have a significant criminal history dating back to 2016, principally for drugs, dishonesty and driving offences. I note you have a previous conviction for arson in January 2017 but I am unaware of the circumstances relating to that offence. You have been placed on community correction orders all of which were breached. You received your first period of imprisonment in June 2020, a period of 10 months. You received further periods of imprisonment in February 2021 and July 2022 with a CCO for 18 months commencing on your release for that latter sentence. This offending breached that community correction order. I was also informed you were before the court on August 2023 and received a four month sentence. I take that into account in accordance with Renzella principles.
41As to your current situation, you have a partner and a son. I was informed that your son has significant health issues. Your partner's family remain supportive of you and provided relevant funds for you to engage with BailSafe for the time on which you were on bail. I was informed your bail was revoked because of difficulties with the data availability for monitoring rather than specific breaches of conditions or further offending.
42I take into account the fact that both of you have pleaded guilty to the relevant offences. Your pleas have facilitated the course of justice and there is a utilitarian value in them. By your pleas you have taken responsibility for your actions.
43In respect of you, Skinner, I accept your plea is indicative of remorse and consistent with admissions you made to police and your early indication of your intention to plead. Your plea, Sultan, is also indicative of some remorse.
44As to your rehabilitation prospects your counsel, Ms Skinner, recognised that you face challenges in the immediate and long term future, particularly in respect of the safety of your accommodation, drug use and mental health issues. It was submitted that you were expressing that you wanted to make positive changes to your life and were willing to accept relevant supports. That you have struggled with substance abuse for most of your life and if you were able to obtain appropriate treatment you would be able to address the underlying issues of your offending.
45Your counsel also relied on your plea of guilty at an early stage and that you have not been charged with any matters whilst on bail. Clearly, your rehabilitation prospects depend on you finding safe and stable accommodation, receiving and accepting mental health assistance and drug treatment. I do have some concerns given your indication to Corrections that on the weeks you do not have the care of your son you continue to write yourself off with drugs. I am therefore somewhat cautious about your prospects though I accept that there are some positive signs.
46In respect of you, Mr Sultan, your counsel relied on your changed and improved circumstances since your arrest for these matters, including the relationship with your partner and birth of your son who has medical difficulties and issues. The family support of your partner's parents including financial assistance and an offer of stable accommodation. Your abstinence from drug use since you were arrested for these matters, a period of over 520 days. Your compliance with bail conditions over approximately two months whilst you were on bail.
47Given your level of involvement in this offending, your prior history and failure on previous orders to address your drug issues I regard your prospects as guarded.
48As to the objective gravity of this offending, with respect to the arson the damage caused was significant valued at about $150,000. The impact on the business was substantial. Further the activity posed a risk of harm to neighbouring businesses and the public in general. There was a substantial degree of planning and premeditation to this offending. Namely, the use of a stolen van, the time of day when the arson occurred and the recording of the offending. It was a deliberate and targeted attack on a particular kind of business.
49You, Sultan played a significant role in the offending. You were the driver of the van and facilitated the offending. Although you were not the person who lit the fire you rammed the security roller with the van to access the business and your moral culpability is high.
50You had a lesser role and are before the court on different charges, Ms Skinner. However, you filmed the offending at the direction of the co-accused presumably as potential evidence of the attack.
51It is fortunate no one was injured as a result of the arson. You, Sultan were motivated by making money in committing the arson and you also were on a community correction order at the time of your offending. With arson of a targeted business or this type of offending general deterrence and denunciation are of particular importance.
52Given the different roles that each of you played, the different number of offences for which you are before the court and different prior histories and personal circumstances the principles of parity to not strictly apply.
53In respect of you, Ms Skinner, your counsel submitted that relevant sentencing objectives could be met with the imposition of a community correction order. I had you assessed as to your suitability for such an order and ordered a full assessment to be undertaken given that you have previously been on such orders on two occasions, both of which were breached. The prosecution submitted the only appropriate disposition was to impose a head sentence with a non-parole period.
54In respect of you, Mr Sultan, your counsel submitted I should impose a combination sentence having regard to the fact that you had already served approximately one year and three months. That I could impose a sentence that required you to serve further time but at the end of it you would be required to comply with a community correction order. I had you assessed by Corrections who reported you as suitable. The prosecution submitted the only appropriate sentence was a head sentence with a non-parole period.
55This kind of offending is very serious. The community needs to be protected particularly with targets often in residential shopping strips in suburbs around Melbourne. Those who are prepared to participate in such attacks, especially for their own profit, need to understand that they will be punished accordingly. Given your histories specific deterrence is also relevant. Also important is general deterrence, protection of the community, denunciation and just punishment.
56In respect of you, Ms Skinner, I note the following in the community correction report.
'As outlined above Ms Skinner has been subject to a turbulent upbringing and placed into department care at a young age which, as she described, commenced her entry into the drug scene and ultimately the criminal justice system. Ms Skinner demonstrated an understanding into her situation and expressed a willingness and desire to partake in treatment and rehabilitation services, particularly within the area of mental health, outlining to the assessor that the struggles she is facing with her mental health is her main thing and that she has struggled to advocate and link in with services in the community. Ms Skinner expressed a desire to cease illicit substance use, conceding the difficulty of such due to habitual long term nature of her substance battle.'
57Taking all relevant matters into account including the seriousness of this offending, though recognising your more limited role and personal circumstances, I am prepared to give you the opportunity on a community correction order.
58In respect of you, Mr Sultan, taking all relevant matters into account I propose to impose a term of imprisonment with a head sentence and a non-parole period with a greater gap between them that is ordinarily imposed. As indicated I have taken into account Renzella principles in respect of the sentence imposed in August.
59If you could please both stand up.
60In respect of you, Ms Skinner, in relation to Charges 1, 2 and 3 I will place you on a community correction order for a period of 24 months. That is two years. You will be required to do 50 hours work but you will also have conditions regarding mental health, drug and alcohol and also programs to reduce your offending. You will be supervised by the Office of Corrections and I will also have you come before me in about three months' time for a judicial monitoring condition. That is really just for me to see how you are going on your order. You appear to be going reasonably well since this event occurred and I hope that you continue to do so. If you commit another offence you may come back before me and I will be resentencing you for these matters as well as if there are any other matters constituting a breach of the order. Do you understand that? In relation to Charge 4 you are convicted and discharged.
61OFFENDER SKINNER: Yes.
62HER HONOUR: And are you prepared to undergo the order? Thank you.
All right.63In respect of Mr Sultan, Charge 1 theft, you are convicted and sentenced to a term of imprisonment of nine months.
64In respect of Charge 2 arson, you are convicted and sentenced to a term of imprisonment of three years and six months.
65In respect of Charge 3 burglary, you are convicted and sentenced to a term of imprisonment of six months.
66In respect of Charge 4 theft relating to the property that was at the Lalor property, you are convicted and sentenced to a term of imprisonment of two months.
67In respect of theft of the BMW, Charge 5, you are convicted and sentenced to a term of imprisonment of 12 months.
68In respect of Charge 6 relating to receiving stolen goods, you are convicted and sentenced to a term of imprisonment of three months.
69In relation to the summary offence, committing an indictable offence whilst on bail, you are convicted and sentenced to a term of imprisonment of one month.
70Six months of the sentence imposed on Charge 5 will be cumulative giving a total effective sentence of four years and I impose a non-parole period of 20 months in relation to that sentence.
71In relation to Charges 1 and 5, the thefts of motor cars, your licence is cancelled and you are disqualified from obtaining a licence for a period of three years.
72Pursuant to s6AAA of the Sentencing Act if you had not pleaded guilty to this matter, Mr Sultan, I would have imposed a sentence of five and a half years with a non-parole period of three and a half years. In respect of you, Ms Skinner, I would have imposed a term of imprisonment.
73What is the PSD please in respect of Mr Sultan?
74MR WEINMAN: Three hundred and fifty four days, Your Honour.
75HER HONOUR: Sorry?
76MR WEINMAN: Three hundred and fifty four days.
77HER HONOUR: Is it not more than that?
78MR WEINMAN: No, Your Honour. There was - - -
79HER HONOUR: Is that agreed?
80MR CHANDUMRI: The calculation - - -
81HER HONOUR: I know what it was. Someone had included the four months.
82MR WEINMAN: Yes, Your Honour.
83MR CHANDUMRI: Yes.
84HER HONOUR: Yes. That's right.
85MR CHANDUMRI: That's - - -
86HER HONOUR: That's all right. That's fine. Yes. All right. I declare 300
and – what did you say, 300 and - - -87MR WEINMAN: Fifty four.
88HER HONOUR: Three hundred and fifty four days PSD are declared.
Thank you. The parties are excused. I will just stand down whilst we swap over.89MR WEINMAN: Before Your Honour stands down, Charge 4 for Ms Skinner?
90HER HONOUR: Yes. You are convicted and discharged in respect of Charge 4. Thank you. All right. I will stand down for a moment. Ms Skinner, you will have to stay to sign your order but otherwise we can check that the video works and everyone can swaps spots. All right. Thanks.
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