Director of Public Prosecutions v Turczyn

[2025] VCC 1386

IN THE COUNTY COURT OF VICTORIA

AT GEELONG

CRIMINAL JURISDICTION

Revised

Not Restricted

Suitable for Publication

CR-25-01028

DIRECTOR OF PUBLIC PROSECUTIONS

v

MIROSLAW TURCZYN

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JUDGE:	HIS HONOUR JUDGE LYON
WHERE HELD:	Geelong
DATE OF HEARING:	15 September 2025
DATE OF SENTENCE:	19 September 2025
CASE MAY BE CITED AS:	DPP v Turczyn
MEDIUM NEUTRAL CITATION:	[2025] VCC 1386

REASONS FOR SENTENCE

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Subject:   Criminal Law

Catchwords:

Legislation Cited:

Cases Cited:

Sentence:   26 months’ imprisonment; 14 month non-parole period

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms G. Good	Office of Public Prosecutions
For the Accused	Ms J. Swiney	Tony Hannebery Lawyers

HIS HONOUR:

1Miroslaw Turczyn, you have pleaded guilty to one charge of armed robbery.  The maximum penalty for this offence is 25 years' imprisonment.  The offence is a category 2 offence in this case, because you are charged as committing the offence with two co-offenders and so the status of the offence is elevated for the fact that it is charged as being committed in company.

2The fact that it is a category 2 offence means that a period of imprisonment, including a combination sentence of imprisonment with a CCO, cannot be imposed.  A period of imprisonment is mandatory, unless certain circumstances are found to exist or proved.  In this case, it is not argued that any of those circumstances can be found to exist.

3The facts upon which the prosecution rely are set out in the prosecution opening dated 18 August 2025 and marked as Exhibit A, but in brief, the circumstances are as follows.  On 24 November 2024, you with two co-offenders attended a Shell service station at Yarraville.  You and a female co-offender got out of the car and went into the console operator's area.  You produced a silver cylindrical item that emits light, which could have been a laser light.  You made a demand for the store keys.  The console operator became fearful.  The co-offender loaded phone chargers into a bag.

4The third offender entered the store holding a metal rod and made demands for money and it was that third offender, Sidhu, who directed the console operator to pull down the blinds, turn off the lights.  As a consequence, the console operator told other customers that the store was closed.  She was clearly fearful.  She was shivering and crying.  Between you and the female co-offender, you opened the till and took $452 cash.

5It was the third offender Sidhu who went to the console operator's bag and took $5,000 in cash.  After you and the female co-offender left the store, it was the third offender Sidhu, who instructed the console operator not to contact anyone and threatened to assault her.  After Sidhu left the console operator pressed the alarm.

6You were arrested on 31 December 2024 and were taken to the Melton police station, where you were interviewed and you denied the allegations.  Having denied the allegations at that stage, it is accepted that you offered to plead guilty at an early stage and you have now served 262 days on remand by way of presentence detention for this offending, which will be reckoned as already served.

7I will deal with the contravention CCO matters separately, but I will turn now to consider the objective gravity of your offending. 

8The offence of armed robbery is clearly considered a serious offence by Parliament, for the fact that it attracts such a high maximum penalty, although it is recognised that it can be committed in a great range of circumstances.

9Nevertheless, for the fact that this was committed in company, it is categorised as a category 2 offence, which as I say, calls for an immediate term of imprisonment.  That tells you how Parliament sees the seriousness of the offence when committed in this circumstance.

10The law has long recognised that the targeting of so-called soft targets, that is, shop assistants, console operators in service stations and the like, is to draw the condemnation of the community and as a consequence, principles of general deterrence, in this case, specific deterrence, just punishment and a measure of the protection of the community, must be considered the primary sentencing objectives.

11I must recognise, however, certain factors in relation to your part in the offending, which affects specific deterrence.  I do recognise, on the one hand, that you were undertaking a community corrections order at the time of the offending.

12I will, however, take into account your counsel's submissions that while all three offenders were responsible for the serious nature of the armed robbery, your actions were less serious than Sidhu, who threatened the assault of the victim. The victim said of you that, 'I don't really remember the other male.  I didn't have close contact with him.  He didn't say anything to me'.

13The offending and your role in it was committed over a relatively short period of time without the use of firearms.  I take into account all of these matters in my consideration of the objective gravity of your offending.  I will say more about your moral culpability for the offending after I consider the report of Gina Cidoni, psychologist. 

14Although no victim impact statement was received, it is apparent from the opening and from the depositions that the actions of all three of you placed the console operator in a great deal of fear and it is to be imagined that she has carried the consequences of the actions of all three of you through to this day.  Having said that, I do recognise that the actions of Sidhu constituted the most frightening part of the ordeal that she faced.

15I turn now to a consideration of matters personal to you.  You are 41 years of age and you were born in February 1984.  You were born in Poland and you described to the psychologist Gina Cidoni that your childhood was relatively uneventful.  Your parents are both alive and are supportive of you, although your parents separated a few years ago in circumstances that you do not understand.

16In relatively recent times, you had a falling out with your mother and you have only intermittent contact of your father, which is something of a shame and a difficulty for you, given that they had been supportive of you through your childhood.

17You left home at about age 15 and travelled extensively through Europe.  You met an Australian woman and travelled to Australia with her, arriving in Australia about 21 years ago.  You initially arrived in Sydney and worked as a chef by trade in large gaming venues and pubs.

18You married your partner at age 20.  You went on to have two children.  The marriage ended, or the relationship, I should say, ended when you were about 24, when you discovered that your partner was seeing another person.  You have had only limited contact with your children, who are now both adults, but in my recent times, you have reestablished contact with your elder son.

19You entered into a second long term relationship with a woman with two adolescent children.  The arrangement was initially positive and you took on a paternal role for her children.  The relationship ended in the COVID times.  With the COVID restrictions, the absence of work in hospitality venues and following the breakdown of the relationship, you were homeless and slept for extended periods an unregistered car.  You described this period of your life as a nightmare and experienced exploitation, betrayal and fear perpetrated by acquaintances around you.

20At the same time, your use of alcohol increased and you were introduced to drug use.  This corresponded with your criminal history.  You had used methylamphetamines and cannabis when you were homeless.  You had been able to abstain from the use of drugs at various times, but at the time of this offending, you had lapsed.

21Your time on remand since December 2024 has been lonely but positive, if I can put it in that way.  It has been lonely in that you have had no visitors or support.  This has been your longest period of time in custody, but it has been positive in that since your remand, you have worked five days a week in the kitchen and you work six days a week when possible.

22You find the work is rewarding and you reported to Ms Cidoni that your skills in the kitchen are recognised through the facility.  You have maintained many contacts in the hospitality field and you hope that you can return to work as a chef on your release.

23Critical to your hopes for release on parole and for moving forward in a positive way in the community is the need for assistance in finding housing on your release.  You told Ms Cidoni that you are cautious and it seems to me, unfortunately cynical, because you have previously experienced many unmet promises.

24In previous times, when you have been incarcerated, you have maintained contact with your ex-partner, but you no longer wish to be a burden on her and so on this occasion, you have had no contact.

25The psychological report of Ms Cidoni diagnoses you with alcohol use disorder of a severe nature in early remission and stimulant use disorder relating to methamphetamine use, which has been severe but in early remission in a controlled environment and other specified disorders; a trauma disorder and a generalised anxiety disorder.

26Ms Cidoni raises the possibility of you suffering from an acquired brain injury after you were involved in a motorbike accident when you were 15.  You reported that you were in a coma for some four months.  Ms Cidoni strongly recommends a neuropsychological follow up, to provide an assessment and a guide as to your future needs.  She considers you need ongoing case management to assist with service navigation, appointment adherence and reintegration.

27Ms Cidoni says, expanding on this and I quote in paragraph 83:

While he has developed functional compensatory skills over time, formal assessment suggest that neurocognitive impairments remain.  These acquired deficits, when combined with recent psychosocial stressors, including homelessness, financial deprivation and relational breakdown, further reduced his psychological resilience and behavioural flexibility.  The cumulative impact of these environmental and neurological factors continues to influence his capacity for adaptive coping and sound decision-making and these vulnerabilities heightened his susceptibility to emotional dysregulation and impulsivity under pressure, increasing the likelihood of offending in a destabilised state.'

28Ms Cidoni assesses you as a moderate risk of reoffending.  That is, at a risk of 17 per cent over seven years and 31 per cent over 10 years.  Ms Cidoni notes that at present, you have limited protective factors in place.  You have shown some insight into past behaviours. You have a level of reflective capacity and you have expressed remorse for this offending.  She considers that whilst you are abstinent from substance abuse and in a controlled, custodial environment, this cannot be considered a stable protective factor and you will need additional relapse prevention supports.

29She considers that your work stands out as an important protective factor and considers that your work and your work capacity shows your capacity to engage in routine responsibility and compliance.  Ms Cidoni observes:

'His rehabilitation prospects are contingent upon access to intensive coordinated and sustained support.  His cognitive impairments, history of trauma and substance use disorder require a multimodal intervention framework that prioritises stability, housing security and executive functioning support.  The lack of stable accommodation has previously contributed to relapse, disengagement from services and exposure to risk.  As such, securing transitional or supported housing must be a central component of his release planning.  A referral to a residential rehabilitation or day-hab program is strongly recommended immediately post release, to support ongoing abstinence.  This should be followed by outpatient relapse prevention work and case management.  He would benefit from trauma-informed psychological counselling, focusing on anxiety, trauma-related arousal and emotional regulation delivered in a format adapted to his cognitive limitations, for example, using simplified language, repetition and visual supports'.

30Ms Cidoni repeats the need for neuropsychological follow-up.  Ms Cidoni continues at paragraph 87 and I quote, about halfway through the paragraph, that:

'The prison environment itself, with its high levels of noise and stress, intensifies his anxiety and undermines his ability to regulate emotions.'

31Skipping a bit, she continues:

'Overall, imprisonment has not addressed the core issues underlying his offending and instead continues a cycle of custody without the integrated and tailored rehabilitation requirement to meet his cognitive psychological supports and social needs.'

32Turning then to the question of your moral culpability, whilst I am not certain that you meet the criteria of Verdins, such that your moral culpability should be reduced, I do consider that the factors outlined by your counsel Ms Swiney in her careful submissions on your behalf, and the report of Ms Cidoni, must be taken into account in assessing your overall moral culpability.

33You were undertaking a community corrections order at the time of this offending.  I have outlined that I accept that you were playing a less serious role than Sidhu and that Sidhu made a serious threat to the console operator in your absence.

34I do consider that you have used your time in custody fruitfully, but I am also highly aware of your cognitive impairments, your history of trauma and substance abuse requiring multimodal intervention frameworks that prioritise stability, housing security and executive functioning support.

35Whilst your moral culpability for your offending is high, I take into account the fact that you expressed regret to Ms Cidoni and I take into account that in the circumstances in which you found yourself in 24 November 2024, these people with whom you committed the offence were not friends.  They seem to have been, at best, casual acquaintances.  It's not clear to me that you took any part of the $5,000 stolen by Sidhu.  It seems to me that I can make accommodations in relation to your moral culpability when I come to the sentencing consideration.

36Before I finish Ms Swiney's submissions on your behalf, I turn to those of Ms Kambouropoulos, who prosecuted the matter for the OPP.  On behalf of the prosecution, it is submitted that a head sentence with a non-parole period was the only appropriate sentence available to you.

37It follows that from the principles relating to armed robbery, that those who are convicted of armed robbery must expect to receive a custodial sentence.  The targeting of the soft actor has long been considered an aggravating feature, when assessing the gravity of the offending.

38Ms Kambouropoulos pointed to the time of day at which the offending occurred, the fact that the target was a soft target who was fearful of the acts and the ordeal that she was placed through, for the fact that you acted in company, that offensive weapons were used.  However, it was noted by Ms Kambouropoulos that the offending did not demonstrate a significant degree of foresight or planning.

39The prosecution noted that you were homeless at the time and suffering from alcohol use disorder, stimulant use disorder and other specified trauma.  The prosecution acknowledged your plea of guilty was made at an early time.

40The prosecution referred me to a number of comparable cases and both prosecution and defence focused in particular on DPP v Martin. Ms Swiney submitted that taking into account the report of Ms Cidoni and your circumstances at the time, that I should consider that the principles found by His Honour Judge Gamble in DPP v Martin should apply broadly to your own offending.

41Martin committed an offence of armed robbery in company with another offender on a service station.  In that case, there were Verdins considerations which mitigated his sentence, and there was a COVID / Worboyes consideration.

42Judge Gamble imposed a sentence of two years on the armed robbery and a sentence of three months on a charge of criminal damage, making a total effective sentence of two years, one month imprisonment, fixing a non-parole period of 13 months.  The sentence in that case differed from that imposed on the co-offender, due to the differences of role, even though the other offender was younger than Mr Martin.

43In this case, I consider the submission made by Ms Swiney and I will read it, that:

'A supported transition to the community via a parole period will assist with the support of accommodation upon release.  Ms Cidoni noted that his rehabilitation prospects are contingent on access to intensive, coordinated and sustained support, his cognitive impairments, history of trauma and substance abuse disorder require a multimodal intervention framework that prioritises stability, housing security and executive functioning support'.

44I agree with that submission and I agree with the fact that your prospects for rehabilitation are contingent on, in particular, the availability of a supported transition to the community and you obtaining housing.

45In the circumstances, I have decided that the non-parole period that I set should be such to give you the opportunity to receive sustained and lengthy support in the community, so that you will receive the help with your executive functioning.

46I turn briefly to the matter of the contravention hearing.  You were placed on an 18-month community correction order by the Sunshine Magistrates' Court on 12 April 2024, that is due to expire on 11 October 2025.  The order had conditions for supervision and treatment and you were sentenced to the order for charges of burglary, theft, use of unregistered motor car, drive whilst suspended, aggravated assault on a female, persistent contravention of a family violence order, contravention of a family violence intervention order and fail to answer bail.

47The contravention was alleged by way of non-compliance in this further offending.  The contravention with the Corrections call for the cancellation of the order and for you to be resentenced on the original order.

48Your prior criminal history, the fact that this offending contravenes the CCOP previously and given that a period of imprisonment that must be imposed for this offending, the prosecution supports the Corrections submission that the order should be cancelled.

49In the circumstances of your prior criminal history, I agree that the order should be cancelled, but I also agree with the submission made by Ms Swiney, that when you look at the difficulties that you have experienced over the last five years with homelessness, difficulties with executive functioning and difficulties with alcohol and methamphetamine use, without having supports in place, your chances of attending for supervision and rehabilitation were very much diminished.

50In the circumstances, the orders that I make for sentence are as follows.  On the charge of armed robbery, Mr Turczyn, you are convicted and sentenced to 22 months' imprisonment.  On the breach of the community corrections order, you are sentenced to one month's imprisonment.  On the resentence on the charges underpinning the Corrections order, that is, burglary, theft, the two current charges, the aggravated assault of a female, persistent contravention of the family violence order, the contravention of the IVO and the fail to answer bail, you are convicted and sentenced to 10 months' imprisonment.

51I order that four months of the sentence on the aggregate sentence for the breach of the CCO be served cumulative on the charge for armed robbery.  So what that means is, I am sentencing you to a term of 26 months' imprisonment.  I order that you serve a term of 14 months before you are eligible for parole.  I further declare the period of 262 days presentence detention reckoned as already served.

52Putting aside the contravention of the CCO, the 6AAA declaration is that but for the plea of guilty on the charge of armed robbery, I would have sentenced you to a period of three and a half years, with a non-parole period of two years and two months.

53Can I urge this on you and Ms Swiney will take it up, as will your lawyer.  You have to do what you can before you start applying for parole, to organise housing.

54OFFENDER:  Yep.

55HIS HONOUR:  Emergency housing, and a residential rehab program, because you're just not going to get parole without housing.  So you have got to start that as soon as you can.  Ms Swiney, I'm not putting the burden on you, but if you can urge your instructors to do what they can to help Mr Turczyn organise housing, because I think that really you do have some real chance, because of your cooking skills, if you're in the community and had housing, you'd be in high demand, all right?  So, do what you can, Mr Turczyn.  Ms Good, is there anything else from your perspective?

56MS GOOD:  No, nothing further, Your Honour.

57HIS HONOUR:  All right, thank you Ms Swiney.  Is there any other matters from you.

58MS SWINEY:  No, Your Honour.

….

59HIS HONOUR:  All right, thank you.  Thanks for all your help on this matter, Ms Swiney, thanks for appearing today, Ms Good and my thanks to Ms Kambouropoulos for the very helpful and effective submissions by both counsel in this matter and I don't say this often, but I'm saying it to you, Mr Turczyn, good luck.

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