Director of Public Prosecutions v Sua
[2025] VCC 1446
•1 October 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. 24-01872
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SAM SUA |
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JUDGE: | HER HONOUR JUDGE ELLIS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 18 September 2025 | |
DATE OF SENTENCE: | 1 October 2025 | |
CASE MAY BE CITED AS: | DPP v Sua | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 1446 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL SENTENCE
Catchwords: Causing Serious Injury Recklessly
Legislation Cited: Crimes Act 1958 (Vic),; Sentencing Act 1991 (Vic).
Cases Cited: DPP v Russell (2014) VSCA 308; DPP v Cook (2004) VSCA 11.
Sentence: Community Corrections Order with a duration of three years.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms Rose George | Isabella Anticiev |
| For the Accused | Ms Tessa Di Paolo |
HER HONOUR:
1Sam Sua, you have pleaded guilty to one charge of causing injury recklessly contrary to s18 of the Crimes Act.[1] The maximum penalty for this offence is five years' imprisonment.
[1] 1958 (Vic).
Circumstances of Offending[2]
[2] Summary of Prosecution Opening dated 9 July 2025 and Criminal Records dated 14 July 2025 (‘Exhibit A’).
2On 26 July 2023 the victim in this matter, Jayden Carullo, attended at the Prince of Wales Hotel in Richmond, where he remained for several hours, speaking with staff and other patrons whilst consuming several glasses of alcohol.
3At approximately 2.20 am on 27 July 2023 you attended the Bakers Arms Hotel in Richmond. Upon arriving you ordered a jug of beer from the bar. You then proceeded to the outdoor smoking area of the hotel, where you met and began speaking with three patrons including Syd Wareham.
4In the space of 40 minutes you consumed a jug of beer before you and Wareham and another male left the hotel together and began walking to the Prince of Wales Hotel.
5On the way you were joined by two other associates with whom you stopped to speak briefly. During this time Mr Wareham and the other male continued walking to the Prince of Wales Hotel.
6At 3.19 am, Mr Carullo exited the Prince of Wales, where he saw Mr Wareham, who had just arrived. Wareham and Carullo had a short conversation at the entrance of the hotel regarding the purchase of drugs, before both began walking along Church Street.
7Whilst they were walking along the footpath on the eastern side of the road, you were walking south along Church Street in the company of your two other acquaintances. Mr Carullo was yelling and swearing aggressively, and he called out to you from the opposite footpath, asking if you had any drugs. You crossed the road to enquire about what exactly he was saying.
8Mr Wareham described Carullo as being 'pretty intoxicated', stating that 'he could hardly stand but he could still like strike a conversation'. According to another witness, Mr Carullo was 'swaying like drunk and couldn't walk in a straight line'.
9You met with Mr Carullo in the road and engaged in a verbal dispute. Mr Carullo was continuing to act aggressively, yelling and swearing. Mr Wareham described that Carullo was demanding respect from you and would not take no for an answer. He said 'he wouldn't stop, like he just kept going off and off and off'. The two of you then moved towards the footpath.
10You then tried to stop Mr Carullo by holding his arms. Mr Carullo tried to pull his arms away from you and then lifted his arm as if he was going to strike you. You then punched Mr Carullo in the lower head, chest area using your right fist. This punch caused Mr Carullo to fall backwards and hit the back of his head on the concrete footpath. You and Mr Wareham then attempted to assist Mr Carullo by placing him in the recovery position.
11A witness contacted Triple 0 where police and ambulance were notified. Upon police arrival Mr Carullo was seated on the ground and was semi-conscious. He was transported to hospital by ambulance. You were present at the scene and you were arrested by police.
12You were taken to Richmond police station for the purposes of a formal record of interview. During this interview you made admissions to pushing Carullo, resulting in him falling back and smacking his head hard on the ground. You stated that you did this after Carullo attempted to push you and got a bit aggressive and raised his voice. You stated that Carullo was demanding drugs from you for the second time that morning and that Mr Carullo was speaking in an aggressive manner.
13You also stated that you pushed Carullo so that he would not assault you and your intention was not to hurt him. You stated that immediately after you pushed Mr Carullo, you tried to assist him by asking for help to hold Mr Carullo in an upright position until the ambulance arrived, which you requested straight away. You told police that you should have just walked away and ignored him and continued doing your own thing.
14As a result of the incident Mr Carullo was conveyed to the Royal Melbourne Hospital where he was placed in an induced coma before having emergency surgery to stem the bleeding on his brain. He remained in a coma for approximately three weeks following the incident before regaining consciousness. He continued to receive treatment at the Royal Melbourne Hospital until 4 September 2023, when he was then transferred to the Royal Talbot Rehabilitation Centre where he remained until 22 April 2024.
15Mr Carullo spent a total of nine months admitted at both the hospital and the rehabilitation centre. He was diagnosed as receiving the following injuries:
·A large left subdural haemorrhage;
·An undisplaced left paramedian occipital bone fracture;
·A right pneumothorax.
16He currently faces a number of issues with respect to the ability to walk. He requires the assistance of a walking frame. He is cared for on a fulltime basis by his partner and paid carers. He cannot recall events for the three months prior to the assault. He is no longer able to read and write and has lost a significant part of the functioning on the right side of his body, particularly to his right leg.
17According to a letter prepared by Mr Carullo's medical practitioner, Mr Carullo suffers severe memory impairment and communication difficulty, the effect of which is that he is unemployable.[3] He needs constant basic care around the clock because of his memory impairment, which is provided for by his partner. He suffers from recurring headaches which are disabling. He is on regular medication to manage poor sleep and anxiety, headaches and other issues, and at this stage of his rehabilitation there is no chance of him returning to his former life.
[3] Medical Report authored by Dr Timothy Stobie dated 25 January 2025 (‘Exhibit D’).
18The effect on the victim can only be described as profound.
Victim Impact
19Mr Carullo has prepared a victim impact statement.[4] He describes that his entire world was shattered when he suffered a severe traumatic brain injury. Everything that he had worked for and built over more than 40 years has been taken from him. He says that since that day nothing has ever been the same. He has had to relearn the most basic skills that people take for granted; walking, talking, reading and writing. He says even now after years of rehabilitation he still struggles every day. He describes that physically he is never free from the reminders of his injuries. His right side is weak and numb. He has to think about every step he takes and he has permanently lost his sense of taste and smell.
[4] Victim Impact Statement of Jayden Carullo dated 1 October 2025 (‘Exhibit B’).
20Mr Carullo's memory is a daily battle. He forgets conversations and loses track of plans. He states that he used to be independent, sharp and reliable and now he often needs others to remind him of things that he should already know. He says there are days where the weight of his injury is 'too much and I collapse into tears. I grieve every day for the man I used to be, for the life I had, and for the life I should have had'.
21He states that the injury has not just taken his health, it has taken his future and his dreams of becoming a father and building a family. The impact on him cannot be measured in words alone. He says it is lived in every forgotten conversation, in every step he is unable to take, in every meal he cannot taste, and in every word he cannot write, and in every dream that will never come true.
22His partner, Julianne Roberts, describes the significant impact that this offending has had on her.[5] She describes the agony of watching her partner in hospital and in rehabilitation. Ms Roberts notes the critical decisions she had to make about her partner's treatment. She said every moment of that time was filled with uncertainty, heartbreak and fear. These events were very traumatic, and they still come back to her frequently. She has flashbacks and nightmares. This has impacted her own mental health. She says watching someone you love fighting for their life, with no guarantee they will ever come back to you, is something no one should ever have to experience.
[5] Victim Impact Statement of Julie-Anne Roberts dated 1 October 2025 (‘Exhibit C’).
23Ms Roberts sets out her daily routine in what could only be described as an exhausting existence, working incredibly early and long hours, assisting her partner and then returning to be physically present for training sessions as a swimming coach, as they cannot be supervised remotely, after she returns home from work.
24She describes the reliance that her partner has on her, from walking to 24‑hour care. She helps him shower, get dressed, cook his meals, and manage basic daily tasks. She is his only family support and is his sole carer, which she juggles with great difficulty between her own work and other obligations.
25The offending has had severe financial consequences for both of them, given that Mr Carullo is now unable to work and receives some limited government assistance.
26Socially, the two have lost a lot of friends. Mr Carullo gets tired very easily and there are very few places that he can go outside of the home, given that he cannot tolerate a lot of noise. The changes that they have had to go through have placed an emotional strain on both of them, creating communication difficulties and changes in intimacy and closeness, and then there is the stress compounded by ongoing medical treatment and the recovery process.
27I take into account the victim impact statements. It would be an understatement to say that your offending has had a profound impact on both Mr Carullo and on his partner by extension.
Procedural History
28You were charged on 27 July 2023, initially in the summary stream. The charge was then uplifted in April 2024 upon the prosecution application. You made an offer to plead guilty to recklessly causing injury in August 2024, which was rejected. You were committed to trial on 29 October 2024 following a contested committal and following a sentence indication on 20 August this year, you entered a plea of guilty to the offence for which you now stand to be sentenced.
29The prosecution accepts that you are entitled to a discount for an early plea of guilty.[6]
[6] Prosecution Submissions for Sentence dated 2 September 2025 (‘Exhibit E’).
30It is also noted that you have pleaded guilty in the face of a potential defence of self-defence.
31You have accepted responsibility for your conduct and this is consistent with your cooperation with police. You have spared witnesses from having to give evidence at trial and your plea is of considerable utilitarian value, especially given the obvious difficulties that would be inherent in compelling the victim to give evidence. You have spared the community the significant expense of a trial and your plea demonstrates a willingness to facilitate the course of justice. It is also some evidence of remorse.
32I note that there has been a significant delay in this matter coming before this court, during which time this matter was no doubt stressful for you. Furthermore, you have continued to work on your rehabilitation during this period of the delay, which is also relevant to the court's assessment of your future prospects.
Prior Criminal History
33You come before the court with a limited prior criminal history.[7]
[7] Exhibit A.
34You were convicted of common law assault in the Supreme Court on 28 April 2016 and placed on a community correction order which you subsequently breached. The order was subsequently confirmed.
35You have also been found guilty of breaching a Youth Supervision Order in 2016.
36To your credit you largely had no contact with the criminal justice system until January 2024, when you were given an adjourned undertaking for offending against your wife that occurred some six months after this offending. This subsequent matter is relevant to your prospects of rehabilitation, which I will get to in a moment, as it is clear you have been active in trying to rehabilitate yourself.
Personal Circumstances[8]
[8] Austin Campbell ‘Psychological Assessment’ dated 15 August 2025 (‘Exhibit 2’)..
37You were born in Wellington, New Zealand in September 1996. You were 27 at the time of the offending.[9]
[9] Defence Sentence Indication Submissions dated 19 August 2025 (‘Exhibit 1’).
38The circumstances into which you were born were difficult ones. Your biological father, who was a family member by marriage, raped your mother, resulting in her becoming pregnant with you. Your father has not been present in your life and many extended family members rejected you due to the circumstances of your conception.
39As a toddler, you moved to Melbourne to live with your maternal grandparents, who were your main caregivers. You describe a strong and loving relationship with both of them, although your family struggled financially growing up, meaning that your physical needs were not always met.
40Your relationship with your mother growing up was strained, and her involvement in your childhood was sporadic and inconsistent. This relationship has improved into adulthood.
41You attended primary school where you enjoyed learning, however the financial situation of your family home led to instability and meant you often struggled to engage and focus while at school and you were on occasion disruptive. Furthermore, you suffered bullying due to your family's financial hardship, which made you 'self-conscious and embarrassed'.[10]
[10] Exhibit 2, 4 [15].
42You attended Dandenong High School which you described as 'rough'.[11] You continued to be bullied, but as you matured physically you began to retaliate, leading you to being suspended for fighting in Year 8. You transferred to Chisholm TAFE to complete Year 10.
[11] Ibid [16].
43You engaged positively in class as a teenager and enjoyed that aspect of school, however you continued to struggle with your learning, often 'feeling hungry and lethargic' due to ongoing financial instability at home impacting you getting sufficient food. You excelled in sports and particularly enjoyed playing rugby.[12]
[12] Ibid [17].
44You worked as a removalist after leaving school in Year 10 and subsequently completed most of a construction course through TAFE. However, you began spending time with antisocial peers and towards the end of the six-month course describe yourself as 'slacking off'. Your home life continued to be financially unstable and you were experiencing personal problems leading to 'distress and frustration'. You began working odd jobs in construction.[13]
[13] Ibid [18].
45A result of this was an increase in alcohol consumption to a problematic level and getting into physical altercations whilst drunk.
46Your maternal grandmother, who played a key role in raising you, passed away in 2022. I acknowledge this would have had a very difficult impact on you, particularly given that she was a significant support for you.[14]
[14] Exhibit 2, 6 [24].
47You now live with your partner, your grandfather and your two-year-old son. You reportedly enjoy being a father and are very proud of your son.
48Whilst your relationship has had periods of conflict and instability, culminating in you being placed on a good behaviour bond for family violence related issues, you have engaged proactively with men's support services and report positive improvements in your relationship with your partner.
49I take into account your personal circumstances and in particular the difficulties within your upbringing.
Mental Health & Substance Abuse
50Whilst you regularly engaged in binge drinking behaviours as a teenager, you report to psychologist, Mr Austin Campbell in his report dated 15 August 2025 that you have reduced your alcohol intake since you were 18. Whilst you admit increased drinking in times of stress or conflict, you note that your drinking has not been 'out of control' since reaching adulthood and you express an interest in learning new coping strategies to avoid leaning on alcohol as a crutch during times of difficulty.[15] Similarly, you used cannabis frequently in your late adolescence, however report now only using it rarely. Your young family and the birth of your first son now aged two has been a significant motivator for your rehabilitation.
[15] Ibid, 5 [21].
51In regard to your mental health, you report to Mr Campbell that you have experienced mental ill health including depression following your previous involvement with the justice system in 2016. You note in particular experiences of trauma related distress, including intrusive thoughts and emotional dysregulation. While you engaged with mental health services as part of the community correction order imposed for your previous offending, these supports ceased after you completed the order.
52You also struggled with your mental health following the loss of your grandmother and your symptoms of depression worsened alongside your relationship troubles over previous years.
53You have completed a Caring Dad's program, which is a group counselling for fathers, between September 2024 and January 2025, which has helped you feel more 'in control' of your emotions.[16]
[16] Exhibit 2, 6 [24].
54Mr Campbell notes that you received a clinically significant result in the Adverse Childhood Experiences Questionnaire, with a result of 7 out of 10, indicating that you have experienced a higher-than-average amount of adverse childhood experiences.[17]
[17] Ibid [25].
55Furthermore, you have suffered increased distress surrounding these legal matters, and your results in the Depression, Anxiety and Stress Scale administered by Mr Campbell show that you currently demonstrate moderate levels of depression and extremely severe levels of anxiety. However, he does not believe that you met the diagnostic criteria for any mental health disorder at the time of the offending.
56Since the time of the offending you have made significant and genuine progress towards recovery. You have undergone rehabilitative counselling and programs over an extended period. In particular you have engaged with the Neighbourhood Justice Centre and the NME Mental Health Outreach. You engaged in counselling with a mental health clinician from 18 September 2023 until February 2024, and again you have participated in the Men's Behaviour Change counselling program between January and August 2024, in which you were said to have demonstrated insight and willingness to genuinely engage in counselling.[18]
[18] Nick Joseph ‘Progress Report’ dated 13 August 2025 (‘Exhibit 3’).
57As I have said, you have also participated in the Caring Dad's program, reaffirming your commitment to be a better father and partner.
58You have remained employed with the Liuzzi Group as a customer service employee at The Hive Shopping Centre since July 2024. A character reference was provided by your employer.[19] You have been observed to have been professional and effective in managing conflicts, including conflicts with difficult members of the public. You are described as exhibiting professionalism and you are said to be an extremely caring human being, particularly towards elderly customers. You have expressed to Mr Carullo how remorseful you are for what occurred.
[19] Character Reference of Sarandis Vertsonis dated 15 July 2025.
Nature and Gravity of Offending
59Any sort of street violence is unacceptable. As you are by now well aware, the outcomes can be extremely grave when another human being is assaulted. The risk of a victim hitting their head on the concrete is high and this can lead to devastating and often fatal consequences.
60As was noted in DPP v Russell, random street violence is a scourge on our society. Although this case differs somewhat from that, the Court there noted relevantly:
Typically the violence is brief and unpremeditated, but it has profound and enduring consequences. Innocent people are killed or seriously injured, their families are devastated, their communities disrupted and the outburst of violence is ruinous for the offender too.[20]
[20] DPP v Russell (2014) VSCA 308 [1].
61I accept that you were reckless as to the victim sustaining injury and it is unclear whether he was actually struck or pushed and it is unclear where you made contact. For these purposes it is accepted it was a strike. It is also unclear whether or not he was struck toward the collarbone area or the lower face.
62I accept that the offending occurred in the context of a potential threat to you and that a defence was open to you with the issue being whether your response was proportionate. Clearly you were responding to what was going on around you. This was therefore not an unprovoked attack on an unsuspecting victim.
63I accept that the offending was not premeditated, and it was of very short duration, occurring in what would have been a matter of seconds. However, as discussed, the consequences here have been devastating.
64The prosecution submits that you have reasonable prospects of rehabilitation.[21] I note that Corrections have assessed you as a medium risk of reoffending.
[21] Exhibit E.
65In his psychological assessment, Mr Campbell concludes that your prospects of rehabilitation are positive and refers to the quality of your engagement during the psychological assessments and your engagement with past supports, your desire to continue to engage with recommended supports, and your insight and ability to identify the needs that you have in improving your coping skills.[22]
[22] Exhibit 2.
66While there is said to be some risks of future deterioration in mental functioning and a subsequent resort to maladaptive coping mechanisms such as alcohol use, his overall assessment of you is that your prospects of rehabilitation are positive.
67I accept that you have good prospects of rehabilitation given your demonstrated commitment to engaging with supports and counselling, your genuine remorse, your stable employment, your supportive family, and the significant gaps in your criminal history. However, your prospects are enhanced if you remain free of alcohol and drugs and commit to the programs designed to help you, as well as engaging in treatment.
68I accept that you are remorseful for your offending.
69Firstly, you remained at the scene following the altercation with Mr Carullo and you attempted to assist him.
70You were forthcoming with police and provided an account of what had occurred.
71You also indicated your concern for Mr Carullo, saying things like 'I just want to make sure he's okay' and that you had stayed back to help him.
72You have also expressed your genuine regret and remorse to others.
73It is submitted on your behalf that but for your admissions at the scene, it would have been very difficult for police to identify you, noting that there is no CCTV that captures the incident, only CCTV from The Bakers Arms Hotel approximately 500 metres away. None of the witnesses at the scene knew you or your personal details in order to be able to identify you. I accept that this is the case.
Sentencing Purposes and Principles
74There are a number of basic purposes for which a court may impose a sentencing, namely just punishment, both specific and general deterrence, rehabilitation, denunciation and protection of the community. In determining an appropriate sentence I am required to take these objectives into account, as well as various other matters including the gravity of the offending, your culpability, the impact on the victim, and your personal circumstances, as well as the maximum penalty.
75I am to have regard to the principles of parsimony, and I do so.
76General deterrence is relevant. Members of the community inclined to assault another on a night out must be aware that this sort of offending has significant consequences, not just for the victim but the perpetrator as well.
77As the Court noted in DPP v Cook:
Violence in the context of physical fights and assaults at or near places like hotels, bars and clubs seems to have become more prevalent in the community in recent times. It is important that those who propose to engage in such conduct should be made aware through the sentencing process that the court will not treat such conduct likely, but will in the appropriate case, impose condign punishment on the offender.[23]
[23] DPP v Cook (2004) VSCA 11 [19].
78Your counsel submits that a CCO would be a disposition open to the court, having regard to the matters in mitigation.[24]
[24] Exhibit 1.
79The prosecution agrees with this submission, noting that it is an unusual set of circumstances and whilst ordinarily it might warrant a gaol sentence with a head sentence and a non-parole period, in this instance it is conceded that a lengthy and punitive community correction order is open to the court.
80You have been assessed by Corrections as suitable for a community correction order and a number of recommendations have been made by both Corrections and in the Mental Health and Advice Response Service.
81Ultimately, a term of imprisonment is a disposition of last resort and as indicated, I propose placing you on a community correction order as I consider that this would adequately meet the sentencing objectives.
82Could you stand up please, Mr Sua.
Sentence
83On Charge 1, you are convicted and placed on a community correction order for a period of three years.
84There will be a number of conditions attached to the community correction order as follows:
a)You are to be under the supervision of Corrections for a period of two years.
b)You are to perform 300 hours of unpaid community work over the three year period of the order.
c)You must undergo treatment and rehabilitation for drug and alcohol use.
d)You must undergo treatment and rehabilitation with respect to your mental health. I am going to allow 150 hours of rehabilitation and treatment to count towards the unpaid community work.
85There are also a number of other core conditions which are attached to all community correction orders:
(a) You must not commit any other offence that is punishable by imprisonment during the three year period
(b) You must comply with any and all obligations and requirements proscribed
(c) You must report to and receive visits from Corrections during the period of the order
(d) You must report to the nearest Community Corrections Centre, which I believe is in Collingwood at the Neighbourhood Justice Centre, within two clear working days from today. I suggest you make contact with them today.
(e) You must let a Community Correction officer know within two working days of a change of address or employment
(f) You must not leave Victoria without first getting permission; and
(g) You must obey all lawful instructions and directions from Corrections
86Do you understand the conditions of the order that I have read out?
87OFFENDER: Yes, Your Honour.
88HER HONOUR: Do you agree to abide by them?
89OFFENDER: Yes, Your Honour.
90HER HONOUR: Shortly you will be provided with some paperwork. Now you must comply with the conditions of the order. If you do not do so, if for example you decided not to do the unpaid community work, or if you did not engage in supervision or in treatment as directed, then you will likely find yourself back before this court on a breach and I would need to resentence you for this offending.
91Similarly, if you were to commit a further offence punishable by a term of imprisonment, you would likely be brought back before me on a breach and again I would need to resentence you for this offending and it is likely there would also be a penalty for the breach itself. Do you understand what I have said?
92OFFENDER: Yes, Your Honour.
93HER HONOUR: All right. So it is very important that you comply with the conditions of the order. You are now going to be provided with the paperwork to sign and indicate you agree to abide by those conditions.
94Ms Di Paolo, you are welcome to approach your client to assist if you wish.
95All right, that paperwork is signed.
S 6AAA
96I indicate now pursuant to s6AAA of the Sentencing Act 1991 (Vic), that but for your plea of guilty, so had you not pleaded guilty, but had you been found guilty after trial, I would have imposed a term of imprisonment for a period of six months.
97Counsel, are there any matters that I have overlooked or that require correction?
98MS GEORGE: I don't believe so, Your Honour.
99MS DI PAOLO: No, Your Honour.
100HER HONOUR: Yes, all right, thank you. I thank both counsel for your assistance during these proceedings.
101Mr Sua, I urge you to make the most of the opportunity that has been provided to you by the court on this occasion, to engage with the community correction order and to complete it as directed. Thank you.
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