Director of Public Prosecutions v Weldemariam

[2013] VCC 1957

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

AT MELBOURNE

CRIMINAL DIVISION

Case No. CR-13-00605

DIRECTOR OF PUBLIC PROSECUTIONS

v

TEKLEMAIMONT WELDEMARIAM

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JUDGE:	His Honour Judge Grant
WHERE HELD:	Melbourne
DATE OF HEARING:	22 October 2013
DATE OF SENTENCE:	27 November 2013
CASE MAY BE CITED AS:	DPP v WELDEMARIAM
MEDIUM NEUTRAL CITATION:	[2013] VCC 1957

REASONS FOR SENTENCE
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Subject:  
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Legislation Cited:     
Cases Cited:            
Sentence:                 

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr Hutton	Director of Public Prosecutions
For the Accused	Mr Pearson	Allan McMonnies

HIS HONOUR:

1       Teklemaimont Weldemariam, on 19 November 2013, you were found guilty by jury verdict of one charge of reckless conduct  endangering a person, one charge of cause serious injury intentionally and one charge of criminal damage.   

2       The maximum penalties for the offences are:  Reckless conduct endangering a person, 5 years imprisonment; intentionally cause serious injury, 20 years imprisonment and criminal damage, 10 years imprisonment.

3       At about 2.30 am on 9 May 2012 the victim in this matter, Tewodros Tekle, drove his silver Toyota Camry into the staff car park at Baiada Poultry in Laverton. You drove your red Toyota Camry directly into the drivers door area of Mr Tekle’s vehicle. You then armed yourself with a small axe. You got out of your vehicle and approached the driver’s side of the other vehicle. You smashed the window and struck Mr Tekle on his right arm, causing him great pain. You then hit the front windscreen of the car several times and, as Mr Tekle scrambled to the passenger side of his car, you moved to that side of the vehicle and damaged the area above the door. Mr Tekle pulled himself out of the driver’s side window. He ran to the security gatehouse for help. You chased him for a short distance, telling him to stop.  

4       Mr Tekle was taken to the Western Hospital. He suffered injuries including a grazed nose, swelling to his top lip, lacerations to his arms, a fractured right arm, dislocated right wrist and grazes to his back, knee and shin. He underwent surgery and his wounds were dressed and the fracture fixed.

5       Mr Tekle has provided a victim impact statement describing how his life has been affected by your criminal behaviour.  Although he has made a good recovery from his physical injuries, the psychological impact has been considerable. Mr Tekle now suffers from depression and he is taking appropriate medication. In addition, he has a fear of driving. Consequently, he has been unable to work since the incident. His local community has distanced itself from him.

6       I now turn to those matters relevant to your background. 

7       You are 51 years old. You were born in the district of Meraguz in Eritrea. Your father was a subsistence farmer, and your mother assisted him and looked after the children. You have two older sisters and two younger sisters. Your father died in 1982. Your mother still lives in Eritrea. Your barrister said that as a child growing up, famine was commonplace and food was scarce. Your barrister said that your family was one of the poorest in an impoverished land. Apart from the most rudimentary education at a local religious school, you have had no formal schooling. 

8       Your counsel described how in 1988 you left Eritrea to try and better your circumstances and assist your family. You went to Sudan and ended up spending 3 years in an overcrowded refugee camp. You were not resettled.

9       You travelled to Egypt. In Egypt you were permitted to work. You lived in a shanty town from 1991 to 1997 and survived by making and selling clothes.  Your barrister said that this was where you met your wife. You married and a son, Robel, was born in 1994. While in Egypt, you applied for refugee status and you were ultimately resettled in Australia. You arrived in Melbourne with your wife and child in 1998 and you have lived here ever since.  

10      You also have two daughters who have been born in Australia. Your three children live with your wife in Tarneit. The relationship with your wife came to an end in 2010. You came to believe your wife had become involved in a sexual relationship with Mr Tekle. I will say more about this shortly.

11      You were granted Australian citizenship in the year 2000. You have a good work history. In 1999 you commenced employment in the meat processing industry and a little later also gained employment at Baiada Poultry. You were therefore working two jobs. You were saving money and providing for your wife and children. You bought a house in Tarneit and your barrister said you were providing financial support for your family in Eritrea.

12      You lost your job with Baiada Poultry as a result of the offending that took place on 9 May 2012.  Your barrister said that an intervention order made it impossible for you to continue working at the adjoining meat processing factory. You were unemployed until June this year, when you obtained some casual cleaning work with the University of Melbourne.

13      You are active within the Coptic Orthodox Church in Footscray and held in high regard by church members. A reference has been provided from the Eritrean National Communities Council that indicates that you are an active, highly regarded member of the community. Your parish priest and a large number of elders and friends attended the plea hearing to support you. Your former wife also attended court and advised your barrister that up until 2010 you were “a perfect gentleman” but that since then, you have been a troubled man who needs some help. In 2010 you were apparently told by some members of your community that your wife was in a relationship with Mr Tekle. It appears you have never asked your wife or Mr Tekle if this was true. Mr Tekle denied it during the trial. You seem to have a fixed belief on this issue and unless you relinquish this belief, you will have difficulty rebuilding your future.

14      You have a limited criminal history. However, the prior matter is for a relevant offence. In November 2010 you committed offences of recklessly causing serious injury and assault with a weapon upon your wife. You were convicted at the Werribee Magistrates’ Court on 12 September 2011 and released on a 12 month community based order. You were required to undertake a men’s behaviour change programme as a condition of that order. As I have already said, your prospects for rehabilitation are very much dependent upon you looking to the future and not being consumed by what you think might have occurred in the past. It seems that both your offending events have been driven by a hostility towards your wife and Mr Tekle. Unless you overcome this, your prospects for rehabilitation will be compromised.        

15      Mr Weldemariam, in determining the appropriate sentence, I must acknowledge the seriousness of your offending. You deliberately drove your vehicle into the driver’s side door of Mr Tekle’s vehicle. You then attacked him with an axe, striking him to the arm and causing a deep cut and a fracture to the arm. You also caused considerable damage to his car. I have already described the impact of your offending upon the victim and you are unremorseful.   

16      Given the serious nature of the offending, punishment and general deterrence are relevant and important principles that I must apply in determining the appropriate order. 

17      I accept you have come from a background of deprivation and hardship. I accept that up until 2010 you were a decent, hard working and law abiding citizen.  I accept that since your separation from your wife, you have continued to financially support your wife and the children. In determining sentence I acknowledge that this will be your first time in custody and, as English is not your first language, jail will be difficult and onerous for you.  

18      Finally, as these offences are founded on the same facts, I have determined to impose an aggregate term of imprisonment. 

19      Mr Weldemariam , would you stand please.  The Interpreter should stand also.  On the three charges, you will be convicted and sentenced to an aggregate imprisonment term of 40 months.  I fix a minimum term before you will be eligible for release on parole of 24 months.  I make a declaration that you have served eight days by way of pre-sentence detention. 

20      I make an order for retention of the forensic sample.   

21      Mr Weldemariam you can be seated there.  Is there anything else Gentlemen?

22      MR HUTTON:  No Your Honour.

23      MR PEARSON:  No Your Honour.

24      HIS HONOUR:  Yes, thank you.  Prisoner can be removed.  Yes, I thank the interpreter for his attendance and his assistance to the court.  Thank you.

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