Director of Public Prosecutions v Skoufis

[2023] VCC 1109

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 21-02213

DIRECTOR OF PUBLIC PROSECUTIONS

v

CHRIS SKOUFIS

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JUDGE:	HER HONOUR JUDGE GAYNOR
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	27 June 2023
CASE MAY BE CITED AS:	DPP v Skoufis
MEDIUM NEUTRAL CITATION:	[2023] VCC 1109

REASONS FOR SENTENCE
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Subject: CRIMINAL LAW

Catchwords:              Theft – Aggravated burglary – Atempted theft – Robbery – Plea of guilty – Multiple offences over multiple indictments – Related summary offences – Pre-sentence detention

Legislation Cited:      Criminal Procedure Act2009 – Sentencing Act 1999

Cases Cited:

Sentence:                  1 year and 5 months’ imprisonment and 18 month Community Corrections Order

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr J. Singh
For the Accused	Ms N. Freijah

HER HONOUR:

Introduction

1

Chris Skoufis, you have pleaded guilty before me to offending contained in

two indictments.  Pursuant to indictment number M11549013 you pleaded guilty to four charges of theft, one charge of aggravated burglary and one charge of intentionally damaging property.

2You also pleaded guilty to a number of related summary offences which were uplifted pursuant to s145 of the Criminal Procedure Act 2009. Most of which comprised committing an indictable offence whilst on bail, and driving whilst your licence was suspended.

3In relation to indictment N11429910 you pleaded guilty to one charge of attempted theft, seven charges of theft and two charges of robbery.  You also pleaded guilty to a large number of related summary offences which were similarly uplifted, and again, which mainly comprised, charges of committing an indictable offence on bail and driving whilst your licence was suspended.

Circumstances of offending

4

Turning to the fact underlying the offending on the first indictment.  On

14 November 2019 you were bailed from the Broadmeadows Police Station after being charge with unrelated offending. 

5On the morning of 14 June you drove to a BP service station in Bell Street, Preston, driving a car registered in your name, filled up the car with $84.67 of fuel and drove off without making any attempt to pay.  This offending underlies Charge 1, theft and summary Charges 7 and 8 which relate to committing an indictable offence on bail and driving whilst your licence was suspended.  The registration on your car expired on 24 June 2021.

6Charge 2 on the indictment, theft and summary Charges 10, 11 and 12 which are charges of committing an indictable offence on bail, driving whilst your licence was suspended and driving an unregistered vehicle occurred on 27 June when you again drove to the same petrol station, filled your car with $66.47 of petrol and drove off without paying.

7Charge 3 on the indictment, theft and summary Charges 20 and 21 which related to committing an indictable offence on bail and driving whilst licence was suspended,  occurred on 28 June when you drove to a service station on the Western Highway in Rockbank driving your unregistered car, fuelled your car with $69.48 of fuel and drove off without paying.

8Charge 4, theft and summary Charges 14, 15 and 16 which were charges of driving an unregistered vehicle, driving whilst your licence was suspended and committing an indictable offence on bail, occurred on 30 June when you drove back to the same petrol station and again filled up your car, this time with $91.50 worth of petrol and drove off without paying.

9

Charges 5 and 6 related to a charge of attempted aggravated burglary and intentionally causing damage to property.  On 16 June 2021 you drove your car into a petrol station and walked across the road towards a unit in Melton South.  The occupants of that unit and the victims in this matter,

Benjamin Cox and Rebecca Ward were relaxing on their beds when you walked to the front and started to bang on it, yelling at both the occupants.  You walked around to the front door of the property and started to beat on the door, yelling for Mr Cox to come outside.  The two victims remained in their bedroom listening to you. You then walked around to the bedroom window and smashed it, again, yelling for the occupants to come out.  You returned to the front door and began to kick it open, kicking and pulling at the door several times to gain entry. 

10Mr Cox left his bedroom, went to the front door, looked through but was unable to see you.  You remained at the front of the unit, going backwards and forwards to the front window and door, trying to gain access.  Eventually Ms Ward called police.  You then walked away from the unit, got into your car and drove off.

11Police identified you from CCTV footage.  Those actions as I have said underly Charge 5 on the indictment, attempted aggravated burglary.  And Charge 6 intentionally causing damage to property.

12You were arrested by police on 23 July 2021 at your home in Keilor East where they intended to execute a search warrant.  You were unpacking groceries from a car at the front and were arrested there.  You were cooperative and took them to where the clothing you were wearing at the time of the offending was, and then when taken to the Sunshine Police Station for interview.

13At the interview you said that you had attended the unit where you carried out the attempted aggravated burglary and criminal damage charges, to see if rubbish at the back had been cleaned up and hadn't.  So you smashed the door and smashed the side window of a room where you knew Cox was sleeping.

14You said that you had told yourself at the time, that other people in the house were probably really scared so you decided to leave it be.

15You said you had told Cox to clean up the rubbish the day before.  And that you would be back to clean it up.

16You said they lived at a set of units where your partner and children lived.

17You told police that it was your intention to get into the unit.  And when you came back and found the rubbish hadn't been cleaned up, you were going, "Kick the shit" out of Mr Cox for this.

18You admitted that your licence was suspended at the time you were driving, that your car was unregistered and that you had committed the petrol drive offs although you could not remember the dates or locations, but admitted you were the only person who had driven your car.

19The maximum penalty for attempted aggravated burglary is 20 years imprisonment or 2400 penalty units. 

20The maximum penalty for criminal damage is 10 years imprisonment.

21The maximum penalty for theft is 10 years imprisonment.

22The maximum penalty for driving whilst authorised suspended, is two years imprisonment.

23The maximum penalty for driving an unregistered vehicle is 25 penalty units for a first offence.  And 50 penalty units for a second or subsequent offence. 

24The maximum penalty for committing an indictable offence on bail is 3 months' imprisonment or 30 penalty units.

25You indicated a plea of guilty to the charges at your first committal case conference mention on 14 October 2021, so it was a plea made at the earliest opportunity.

26You appeared before me in relation to this matter at several directions hearings and then a plea hearing on 7 March 2022 where I ordered a CISP assessment, releasing you on bail to participate in the CISP program on 30 March 2022.

27That bail was revoked on 14 August 2022 because of further offending committed by you which is contained in the second indictment. 

Circumstances of further offending

28Turning to the facts underlying that offending, they are as follows.

29Charge 1 on the indictment and summary Charges 31 and 43 which relate to rolled up summary offences of committing an indictable offence on bail and driving whilst your licence was suspended, occurred on 31 March 2022 when you went to the Woolworths supermarket at Williams Landing, took items from the shelves, paid for only two of them, then walked out.  You were approached by security staff.  You went to an office at the back of the Woolworths store and gave your name and address, but then became agitated while waiting for police and walked out.  You had a child in a stroller with you at the time and the value of the items was $73.50.

30Indictable Charge 2 and summary Charges 25 and 42 relate to a second incident on 19 June 2022 when you went to the Coles Express service station in Truganina,  filled your vehicle with $129.18 of fuel and drove away without paying. 

31Charge 3 on the indictment and summary Charges 22 and 41 relate to offending on 25 June 2022 when you went to the BP service station in Williams Landing,  went inside and requested a pack of Winfield Blue cigarettes, tapping the card on the reader and before the transaction went through, took the cigarettes and then left, although the store attendant was calling out that your card had been declined.

32Indictable Charge 4 and summary offences 21 and 40 occurred on 2 July 2022 when you went to the BP service station in Keilor Park.  Again, you went to the counter, requested a packet of cigarettes valued at $40, tapped your card, then walked away as the attendant called out to inform you that the card had been declined. 

33

Indictable Charge 5 and summary charges 19 and 39 related to an incident on

4 July 2022 when you went to the BP Rockbank service station in Ravenhall, where you tried to purchase cigarettes using a bank card but the card was declined due to insufficient funds.  You then removed two bottles of Coca Cola and four bags of sweets, total value being $25 and left the store without attempting to pay. 

34

Charge 6 on the indictment and summary Charges 35 and 45 related to further offending on the same day, 4 July 2022 at the BP service station in

Williams Landing, where you selected two bottles of Coca Cola, a can of energy drink and a children's toy, items totalling $33.14 and walked out without paying.

35Charge 7 on the indictment and summary Charges 33 and 44 related to offending on 6 July 2022 when you went to the Celebrations liquor store in Seabrook, where you requested cigarettes worth $52 from a staff member.  You pretended to tap your bank card, then grabbed the cigarettes which the attendant had laid on the counter and ran from the store without waiting for the transaction to be processed.  You got into the car and drove off.

36

Indictable Charge 8 and summary Charges 33 and 44 related to an incident on

8 July 2022 when you went to the Deer Park United central service station, filled up your car with $123.37 worth of petrol before driving off without making any attempt to pay.

37

Indictable Charge 9 a charge of robbery occurred on 9 July when you went to the BIG W in Central Square Shopping Centre in Altona Meadows arriving in your car.  (And your driving of that car underlies summary offence 36.)  You walked to the technology section at the back of the store and spoke to an employee, Daniel Clark about tablet computers.  You were advised by another store member that the store held a Lenovo HD M10 computer.  Mr Clark went to the store to retrieve it and when he returned, showed it to you, you confirming it was the correct item. 

You then picked up the box containing the tablet and said,

'Don’t tell anyone or I'll put a fucking bullet in your head.'

38and left without paying for the tablet.  Those actions underly Charge 9 on the indictment and summary Charge 5 which is a charge of committing an indictable offence on bail

39Indictable Charge 10, a charge of robbery and summary Charges 13 and 37 occurred on 10 July 2022 when you went to the Kmart store in Tarneit Central Shopping Centre, arriving in your car which you parked nearby, those actions underlying summary Charge 37.  You asked to look at two Galaxy A12 mobile phones which the victim, Brooke Malik allowed you to do in the boxes.  You then said,

'Look I'm going to walk out with these phones, I'm armed with a gun.'

40The victim asked if you were serious, and you said,

'Yes you'd better not say anything for five minutes or I'll put a bullet in your fucking head.  Every cop in Melbourne is looking for me, I'm wanted.'

41

You then picked up the phones and held them in your left hand, the victim observing a bulge in your pocket.  And you walked out of the store with the

two mobile phones

42Police conducted enquiries in relation to the vehicle you were using.  The owners of the vehicle saying the car had been provided to a man to conduct a test drive and that that male provided a first name of Chris and mobile number which was registered to you.  Police discovered that you were residing at an address in Williams Landing with your partner and her four children.  Police attended at that address on 10 July where you were arrested.  At the address police located the phones and the tablet and the car was found outside. 

43In a record of interview, you were cooperative in relation to allegations, telling police in so far as the robberies are concerned that, you had no firearm at the time.  That you had never owned one but you agreed that you had threatened each of the store attendants in the way they had described to police.

44You said that you stole the items basically for your partners children, for example, stating in relation to stealing the Coca Cola and lollies,

'Yeah they were for the kids, all for the kids, all for home.  All of this, all of this for the kids.  Nothing in the house so I had to get the kids some stuff.'

45You initially made no comment to the theft of petrol although when presented with CCTV footage admitted to it, stating that, you stole the petrol because you had no money to pay.

46

You entered a not guilty plea at a committal hearing conducted on

17 February 2023.  Ultimately a plea of guilty was entered but it was not at a particularly early stage.  Certainly, there was a plea entered by 27 Ferbuary2023.

Personal circumstances

47

I now turn to your personal circumstances.  You are now 28 years of age. 

You really did not have a particularly concerning history growing up.  You have reported both to psychologist David Ball whose report was tendered on the plea and in relation to a second report which was obtained by CISP, that you had a 'Happy childhood'.

48You said you had three brothers and that your parents were happily married.

49Mr Ball said,

'He described a broadly functional and cohesive family origin and reported no domestic violence, significant mental illness, substance abuse or criminality amongst family members during his childhood.'

50He said that,

'He and his brother had appropriate affection shown to them and that he felt secure and loved.'

51Your parents have remained together since this time. 

52At school you said you were a good student and had no difficulties with studying or with friends.  You completed year 10 and then left school aged 15 at which time you began working, and you worked in a fairly consistent manner up until your late teens.  However, you then began using drugs and alcohol and that seems to have been your downfall, in particular drugs. 

53Your drug of choice, whilst you had been a very consistent user of cannabis, is ice.  You were introduced to cannabis when you were 16 and you began using ice about a year and a half before the offending which first brought you before the court.  You were introduced to it by a friend and escalated quickly to daily use.

54You had worked as a removalist in the six years before that offending and in that time, you had offended very little.  In the Children's Court you were dealt with by way of an adjournment to be of good behaviour for stalking another person and using a carriage service to offend.  That was in the Broadmeadows Children's Court. In 2019 you were placed on a non-conviction adjournment to be of good behaviour on a charge of theft. 

55However, it appears your life very quickly went out of control.  You were in a relationship with a woman who had four children, he was also a drug user. It seems yours is a history where you started using ice and you simply went off the rails as soon as you did so.

56I must make mention of the victim impact statement which was filed by Mr Clark and which I referred to at the time of your offending.  I want to refer to it. It is a very moving victim impact statement.  I want to remind you again, of the damage that you have done.

57Mr Clark said;

'Since the day it happened it sits at the back of my mind, replaying it all over.  I've been constantly looking over my shoulder and second guessing myself every time I'm at work.  Even serving a customer, at times I feel like I'm having a panic attack.'

58And Mr Clarks says,

'This happens all the time while he's at work.'

59He said:

'Work does not feel the same, even though they have reassured me constantly, just people coming out of nowhere, I'm that startled I feel like I'm gonna pass out.  And all it was, someone asking for help or simply saying, hello to me.'

60So clearly in the experience of this court and the victim impact statements we have received over the years, Mr Clark is showing signs of a post-traumatic stress disorder, which is a serious emotional disturbance which has been caused by you.

61My understanding is that when you were placed on CISP you actually did pretty well.  You managed to stay off drugs, you engaged fairly well.  And then instead of building on what you had achieved, you decided to become involved again with your partner, moved out of the address where you supposed to be living with your parents, moved in with that partner, and relapsed into drug use and began offending in the way that you have.

62As a result, you have been placed back in gaol, and you have done quite well in gaol.  There's been an amount of urine testing, and I received a number of reports showing that you have tested negative to drug use.  (Which is not always a foregone conclusion in gaol given the trade in buprenorphine in particular in the yards.)  And I congratulate you for that. 

63However Mr Skoufis, the problem is that you have, after being a fairly compliant and prosocial young man, really become, if I can put it this way, a pest.  You have engaged in continual theft and you have caused emotional damage to four people.  That being, Mr Cox, Ms Ward and both the attendants at the two stores where you committed robberies.  You have engaged in very serious offending.  You need to have offended seriously in order to be brought before this court and now you have been.

64

And I am now left to sentence you on a very large number of offences.  No doubt you continue to enjoy the support of your parents.  You must have caused enormous suffering to them over the years.  They remain supportive of you and

I understand that it is your intention to reside with them when you are released from custody.

65I also understand you have ended this very damaging relationship that you had and there is no reason why, in my view, if you can attend to your drug problem your prospects of rehabilitation should not be positive.  It all depends on your drug use Mr Skoufis.  I hope as you sit there, you realise the horrible way you behave when you are under the influence of drugs.  The lack of thought and care that you exercise towards ordinary people in the community who are simply going about their lives.

66Because of your lack of prior convictions, because of the positive protective factors you enjoy, such as a prosocial and loving family, because of the undoubted progress you made whilst you were on CISP bail, it is my view that I should deal with you, both way of a term of imprisonment, but also, by way of a disposition which allows you to undertake drug treatment, because as I have said, it is clear to me that drugs are what underly your offending.

67Many, many people who come before this court Mr Skoufis are using drugs because they have been treated very badly by their parents since the day they were born.  They have not been supported; they have had poor education opportunities.  They have been abused physically and emotionally. 

68

This does not apply to you.  You should not be sitting where you are now.  This is incredibly foolish as well as very wrong and damaging behaviour by you. 

And really, I hope you are thoroughly ashamed of yourself. 

69As I have said, if you attend to your drug problems then hopefully a court room will never see you inside it again.

Sentence

70In any even I am now going to sentence you as follows:

71

In relation to indictment M11549013.  On Charges 1 to 4 I sentence you to

one months' imprisonment on each.

72

On the charge of attempted aggravated burglary, I am sentencing you to

seven months.

73And in relation to intentionally damaging property, that is Charge 6 I am going to sentence you to four months.

74

In relation to the summary charges, I am going to order an aggregate term of

three months in relation to all that offending.  Except for summary Charge 4, summary Charge 7, summary Charge 11, 15 and 21.  I am going to give you an aggregate fine of $200.  Because I have to take into account capacity to pay.

75And the base sentence will be the sentence imposed on Charge 5 which is seven months.

76

I am going order that one week of each of the sentences imposed on

Charges 1 to 4.

77And one month of the sentence imposed on Charge 6. 

78And one month of the aggregate sentence imposed on the summary charges be served cumulatively to the sentence imposed on Charge 5.

79Which should give a total effective sentence of 10 months.

80

In relation to the aggravated burglary, you will have to help me here Mr Singh

I should know this but I don't.  I am proposing to place him on a Community Corrections Order.

81MR SINGH:  Yes.

82HEH HONOUR:  And that will last for a period 18 months. 

83Now in relation to the second indictment, that is indictment N11429910.  On the charge of attempted theft, one month imprisonment.

84On each of the charges of theft, that is Charges 2 to 8, one month imprisonment.

85And on the robbery on each of Charges 8, 9 and 10 I am going to sentence him to eight months in relation to each.

86

And in relation to the summary charges, again an aggregate sentence of

three months.  Apart from that - I don't - - -

87MR SINGH:  It's a rolled up - - -

88HER HONOUR:  - - - think there's any unregistered - - -

89MR SINGH:  No that's correct.  They're all indictable offence on bail or drive disqualified.

90HER HONOUR:  Yes.  Also three months for that.

91MR SINGH:  As Your Honour pleases.

92HER HONOUR:  So in relation to, I am going to the base charge will be Charge 9 eight months.

93MR SINGH:  Yes.

94

HER HONOUR:  I am going order one week of each of the sentence

Charges 1 to 8 which is eight weeks.

95And one month of the sentence imposed on the summary charges.  And that gives a total effective sentence of 11 months.

96I am going to order that one month of the sentence imposed - no I want it to be more, I want it to be.  All right, so then there is going to be, yes. 

97

I am going to order that five months of the sentence imposed on indictment number one, on the first indictment be served cumulatively to the second indictment. 

And that gives a total effective sentence of six months of the sentence imposed.  And that will give a total effective sentence of 17 months.

98MR SINGH:  17 months.

99HER HONOUR:  In relation to Charges 8 and 9 I am going to place him also on CCOs and they will also be for 18 months.

100Now I don't know if I can - if I am allowed to do it that way Mr Singh.

101And I declare three hundred and - how many?

102MR SINGH: Three, five, 352.

103HER HONOUR:  And I declare 352 days PSD. 

104So it means that I will have to work out - do I have to give an actual start date for the community - - -

105MS FREIJAH:  It's in combination Your Honour, I don't think a start needs to be specified.

106MR SINGH:  No.

107HER HONOUR:  No.  All right then so I am simply going to, the three community corrections order - actually I won't do a community corrections order.  I'll simply do community corrections orders in relation to Charge 8 and 9.

108MR SINGH:  As Your Honour pleases.

109HER HONOUR:  All right. 

110MR SINGH:  But not the first one all right - - -

111HER HONOUR:  And I can give community corrections orders in relation to those because that's in relation to the individual sentences.

112MR SINGH:  Yes, yes it is.

113HER HONOUR:  All right so that works out. 

114MR SINGH:  Yes.

115HER HONOUR:  All right thank you.  So I need to tell you what's involved in a Community Corrections Order Mr Skoufis because I can only place you on that order with your consent.  They are, that you must report to the Community Corrections Office within two working days of being released from gaol. 

116Whilst you are on the orders, which will last for 18 months, you must not commit any offence punishable by imprisonment.  What that means is, it does not mean that you have to be gaoled for further offending.  It means, if you commit an offence for which you could be gaoled, like knocking off, going in and pinching a bottle of coke from a service station.  That will breach the order and you'll be brought back in front of me.  And I will re-sentence you in relation to this offending. 

117While on the order, you may not leave Victoria without the permission of the Community Corrections Office.  You must inform the Community Corrections Office of any change of address or employment within 48 hours of that change.

118

You must report to and receive visits from the Community Corrections Office. 

You must not attend upon the Community Corrections Office whilst under the influence of drugs and alcohol.

119And you must obey all lawful directions of the Community Corrections Office.

120The special conditions are, that you are to undertake 200 hours of unpaid community work.  You are to attend for assessment and treatment for drug use and substance abuse problems. 

121Are you prepared to enter this order?

OFFENDER:  Yes Your Honour.

HER HONOUR:  Thank you very much.  All right we'll get that drawn up and that will be sent to you.  Pursuant to s6AAA I declare that had you pleaded not guilty I would have sentenced you to a term of imprisonment of three years and ordered you to a minimum term of two years. 

MR SINGH:And has Your Honour signed the order for disposal?

HER HONOUR:  Yes I have got the order here.  And the date today is the?

MR SINGH:27th.

HER HONOUR:  Thank you.  Thank you here is the order.  Now does that take of everything?

MR SINGH:Yes, thank you.

MS FREIJAH:  Yes, Your Honour yes.

HER HONOUR:  All right thank you.  Good luck Mr Skoufis.

OFFENDER:  Thank you Your Honour.

HER HONOUR:  And I hope the court never ever sees you again all right.

OFFENDER:  Thank you.

HER HONOUR:  Thank you very much.

MS FREIJAH:  As the court pleases.

HER HONOUR:  Yes, thank you.

MR SINGH:Yes, for what it's worth, even though you didn't do - you didn't like maths, your maths is impeccable.

HER HONOUR:  Thank God, normally it's not.  Thank you very much, Mr Singh that's very, very kind and totally not warranted thank you.

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