Director of Public Prosecutions v Worku

[2025] VCC 1372

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

CR-25-00183

DIRECTOR OF PUBLIC PROSECUTIONS

v

LIBEN WORKU

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JUDGE:	HER HONOUR JUDGE GWYNN
WHERE HELD:	Melbourne
DATE OF HEARING:	10 September 2025, 17 September 2025
DATE OF SENTENCE:	18 September 2025
CASE MAY BE CITED AS:	DPP v Worku
MEDIUM NEUTRAL CITATION:	[2025] VCC 1372

REASONS FOR SENTENCE
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Subject:Criminal law

Catchwords:   Armed robbery

Legislation Cited:  Sentencing Act 1991 (Vic)

Cases Cited:R v Verdins & Ors [2007] VSCA 102

Sentence:  A term of imprisonment of 262 days, in combination with a two-year Community Correction Order.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr P. Botros	Office of Public Prosecutions
For the Offender	Ms B. Proud	Victoria Legal Aid

HER HONOUR:

1Liben Worku, you have pleaded guilty on indictment to a single charge of armed robbery.

2In sentencing you for this crime, I must have regard to the maximum penalty for the offence you have committed. The maximum penalty for armed robbery is 25 years' imprisonment. This maximum penalty reflects the seriousness with which Parliament regards this offence.

3The circumstances of your offending are set out in a document titled 'Summary of Prosecution Opening for Plea' dated 4 September 2025. This is an agreed document and represents your acceptance of the elements of the offence to which you have pleaded guilty, as well as the factual basis on which I am to sentence.

4I will not repeat the entire summary as it is a matter of record, but in brief terms, the offending that gives rise to this charge occurred on 13 May 2024, at which time you were 26 years of age.    

5The victim in this matter, William Kang, was an employee of a JB Hi-Fi store located in Parkmore Shopping Centre, Keysborough and was unknown to you.

The Offending

6At approximately 10.48 am on 13 May 2024, you entered the JB Hi-Fi store at Parkmore Shopping Centre and proceeded to the headphone section of the store.

7You picked up a set of 'Sennheiser Momentum 4' headphones which were priced at $499. You began cutting the cord connecting the headphones to the display with a pair of scissors.

8Mr Kang saw you holding the headphones and that the cord connecting them to the display had been cut.

9Mr Kang froze and stared at you. While still holding the scissors you then said to Mr Kang – “Don't do anything or I'll fucking stab you”. You then left the store with the headphones.

10On 24 July 2024, you were arrested by Protective Service Officers at Narre Warren Railway Station and were subsequently interviewed by police.

11In that interview, you made full admissions to the offending. You said that you went to the store to steal some headphones and took the scissors with you to cut the cord of the headphones, not to harm anyone, however when you were stopped, you panicked and you “told the guy (Mr Kang) [you] were going to stab him” and kept walking out.

12When asked your reason for committing the offence, you replied that it was to support your drug habit.

Offence gravity and victim impact

13I accept that your offending was spontaneous and occurred in circumstances of you feeling confronted and in order to effect your escape with the headphones, as intended by you. I do assess it involved limited violence. Whilst serious offending, it is not at the higher end for an offence of its type.

14Nevertheless, you did use the threat to stab Mr Kang whilst holding scissors to commit this offence and I have little difficulty finding that this would have at least frightened him.

15The purpose of a victim impact statement is to give those affected by your crime the opportunity to participate in the criminal justice process by informing the court about the effects of the crime upon them.

16The victim impact statement of Mr Kang was read to the Court, so you now have some greater awareness as to how your actions affect others. In that statement, Mr Kang spoke of not feeling the same since this incident. He is easily agitated and has paranoia of his surroundings. He now feels always on guard. His responses have affected his relationship with others and he is less comfortable in social settings. Your split-second decision has had a lasting impact on him.

17In addition, Mr Kang was in his place of work – an environment in which he was entitled to feel safe. You have taken that from him.

18To your credit, you were cooperative with the Police investigation. You have clearly indicated that your offending was motivated by an intention to fuel your drug habit and, whilst accepting that you have a range of psychiatric and psychological conditions, in my view your moral culpability for your offending still remains relatively high. 

Plea of guilty

19The Sentencing Act 1991 obliges me to take into account the stage at which you entered your guilty plea.[1] This matter resolved at the third listing of a committal mention in the Magistrates' Court on 11 February 2025, representing a plea made at an early opportunity.

[1] Sentencing Act 1991 (Vic) (‘Sentencing Act’).

20There is clear value in saving witnesses of the need to give evidence, particularly the victim, and utilitarian value in saving the community the expense of contested proceedings. 

21As referred to earlier, you made full admissions and were cooperative with the Police, which is to your credit.

22There has been a delay in finalising this matter as your plea hearing in this Court was delayed due to your failure to attend on three occasions. You failed to attend for a bail variation listed on 24 April 2025.  A warrant for your arrest was issued on 29 April 2025, and the original listing of your plea on 16 June 2025 had to be vacated.

23You were subsequently apprehended and your bail was revoked by me on 25 July 2025, your plea was then re-listed on 10 September 2025.  

24Whilst I am satisfied you are remorseful for your offending, your lack of insight into the role your mental health and drug addiction has played remains a concern and impacts on the weight to attach in the sentencing task to community protection.

25Otherwise, the factors that I have referred to in relation to your plea will be taken into account in your favour.

26I turn now to your personal circumstances.

Personal Circumstances

27Your personal circumstances have been helpfully outlined in Defence submissions and the reports of Clinical Psychologist Jane Bidjossian, all dated 25 March 2025. I have also considered the other documents tendered on your behalf, including a number of documents relating to your mental health and a Court Integrated Services Program Suitability Report dated 3 April 2025.

28You were born in Ethiopia and are the eldest of a sibship of four. Your sister is 21 years of age and your brothers are aged around eight and 14 years.

29You have not met your biological father, however report a positive relationship with your mother.

30Your childhood was somewhat characterised by instability, trauma and abuse.

31At aged five, you and your family relocated from Ethiopia to Kenya for what was thought to be a better life. While living in Kenya, there was an ongoing war which prevented you form leaving your home. At this time, you were residing with your uncle, as your mother had relocated to New Zealand.

32You do not recall why you were unable to join your mother in New Zealand initially and cannot remember the exact time that you eventually came to join her. You describe the experience of moving to New Zealand as chaotic, as you were placed in kindergarten without knowing any English.

33At some stage, your mother entered a new relationship with a man who became your stepfather. You report a tumultuous relationship with your stepfather, with ongoing physical assaults continuing until you were 12 years of age.

34You resided in New Zealand until about that time. In this period, your stepfather relocated to Australia to arrange accommodation before you and the rest of the family followed.

35I accept that these early stages of your life have not been without their impact upon you, particularly your early abandonment and difficult conditions before you were able to be reunited with your mother. The material before me would indicate that this has shaped your life and impacted on your mental health and early resort to drug use.

36Upon moving to Australia, your family settled in Doveton. You lived with your family until you were aged 18 years. Following this period, you experienced frequent instability in your living situation, at times facing homelessness compounded by substance abuse.

37You have a limited recollection of your primary school years. You attended Endeavour Hills High School from Year 10 and describe your high school experience as challenging, experiencing difficulties with concentration, attention and memory, which you believe contributed to your academic struggles. You also experienced bullying in high school.

38Despite this, you successfully completed Year 12 at Gleneagles Secondary College. You completed a Certificate III in Warehousing Operations and obtained your forklift licence following your graduation.

39You commenced employment in warehousing but struggled to retain employment due to your substance use issues. You reported last being employed in 2023.  Prior to your incarceration, you were unemployed and believed you were ineligible to receive any form of government assistance.

40You are not an Australian citizen and are unsure of your visa status.

41You report entering your first significant relationship at approximately 21 years old. This was described by you as a positive relationship, but you are unable to recall the majority of it due to you being heavily affected by substances at the time.

42You otherwise describe your mother and stepfather as your key support networks, also acknowledging the importance of your care team from Monash Health as sources of support.

43

Ms Bidjossian opines that you struggled to adjust to a new culture and environment, also finding it difficult to connect with your peers, being unable to initially speak English. You faced isolation in school, compounded by bullying. Ms Bidjossian considers these experiences likely to have affected your

self-esteem and sense of belonging.

44Ms Bidjossian considers that your formative years of familial instability, bullying and academic challenges likely played a crucial role in shaping your later difficulties with mental health and substance abuse. I accept this opinion.

45In terms of your mental health, you report a history of diagnosed mental health conditions including Schizophrenia, drug induced psychosis, Substance Use Disorder and Cluster B personality traits. Ms Bidjossian opines that you also meet the diagnostic criteria for severe Stimulant Use Disorder – amphetamine-type substance, severe Cannabis Use Disorder, Persistent Depressive Disorder and Generalised Anxiety Disorder.

46You were diagnosed with Schizophrenia in early 2020 following your first psychiatric inpatient admission. Between your first admission and your subsequent remand in September of 2024, you had approximately 19 inpatient admissions. Some of these admissions resulted from being subject to a number of Involuntary Treatment Orders during periods of mental health deterioration, particularly when you had been non-complaint with treatment or medication.

47On 9 February 2024, you were discharged from the Intensive Care Packages team at Monash Health due to lack of contact for an extended period.

48A hearing at the Mental Health Tribunal was set for 9 May 2024. A report of Dr Vineeet Kumar dated 30 April 2024 was prepared for the hearing, stating why they were of the view that you may have needed to be subject to a Treatment Order at that time. That report explains your poor engagement with your treating team at Monash Health in early 2024, including a number of brief inpatient admissions. Although demonstrating at that time insight that substance misuse remained an issue for you, you were unable to maintain that insight for long. You would not willingly present yourself to mental health services or attend appointments as required. Your treating practitioners were concerned about your chronic poor insight into your mental health needs, believing you were at high risk of relapse and further deterioration of your mental health.

49Unfortunately, this was the case and, in May 2024, your psychotic symptoms increased and you struggled with treatment compliance, exacerbating your condition.

50A Community Treatment Order was made on 9 May 2024 and set to expire in November 2024.

51It is within this context that your offending occurred.

52On 16 May 2024, following the offending three days prior, you presented to the Emergency Department under an inpatient Temporary Treatment Order, with active psychosis, including heightened anxiety, disorganised thinking and an inability to connect with reality.

53During your first period of remand, from September 2024, you were admitted to the Aire Unit at Ravenhall Correctional Centre on two occasions and received mental health treatment under the supervision of Forensicare. During your current period of remand since July 2025, you have spent time in the mental health unit at your current location.

54You are currently prescribed anti-psychotic medication called Olanzapine, which you take orally daily and this would appear to be of some assistance.

55Upon administering the Patient Health Questionnaire test regarding Major Depressive Disorder, Ms Bidjossian opines that your score at that time was in the 99.7th percentile, indicating severe depressive symptoms that is consistent with your ongoing mental health issues and would profoundly disrupt your daily functioning.

56Similarly, your score in the Generalised Anxiety Disorder Assessment was in the 99.3rd percentile and indicative of severe anxiety symptoms. Again, Ms Bidjossian opines that this is in line with your self-reported symptoms and would significantly interfere with your daily functioning.

57At the time of her reports, which were all dated March of this year, she opined that you did not currently fit the criteria for Post Traumatic Stress Disorder.

58Your score on the Drug Use Disorders Identification Test was 43 out of 44, indicative of drug related problems, which Ms Bidjossian indicates is consistent with your long-standing history of chronic substance abuse which has been a significant factor in the exacerbation of your mental health symptoms.

59You started using cannabis at 18 due to social influence and curiosity, and later commenced using methamphetamine and heroin in your early 20s. You experimented briefly with methamphetamine at 23 years of age and resumed use at 25 years of age, consuming orally initially small amounts with the frequency and quantity increasing over time.

60This eventually resulted in daily methamphetamine and synthetic cannabis use, contributing to your episodes of homelessness. Your parents, for example, would not allow you to reside with them due to your ongoing substance abuse.

61You also experimented with heroin use at age 23 and report you have only used this once, but this is apparently inconsistent with other information that was available to Ms Bidjossian.

62You attempted to discontinue substance use at age 24, which included a six month stay in Ethiopia to remove yourself from your environment and to undergo detoxification. However, you have not attended any formal rehabilitation for your drug addiction and clearly returned to use.

63You indicate that you currently remain substance free but this description would appear to reference your most recent remand period which is of relatively short duration.

64Ms Bidjossian opines that the onset of Schizophrenia appears to have been significantly influenced by your substance use. Use of both methamphetamines and cannabis, both known to exacerbate psychotic symptoms, have been strongly associated with increased severity of psychosis and aggressive behaviour in your case.  Mr Worku, it is time you do the maths in relation to the unfortunate marriage between drug use and your mental health.

65Your drug use is incredibly relevant to your offending as you report being substance affected at the time of the incident, impairing your ability to think clearly. You describe having experienced significant stress and the onset of intrusive, distorted thoughts, coupled with a growing sense that your mental health was deteriorating. In your state of heightened distress, you report becoming overwhelmed by panic when confronted by the employee at the store. This triggered an immediate, impulsive reaction, during which you threatened the victim, Mr Kang.

66Ms Bidjossian opines that the complex interactions between your childhood trauma, Schizophrenia, Depressive Disorder, substance use and anxiety resulted in your cognitive distortions, emotional dysregulation and a heightened sense of desperation which directly contributed to your offending.

67As I have already indicated, you also report that the primary motivation for your offending was to fund your drug habit. Ms Bidjossian opines that whilst your addiction was the primary cause of your offending, your mental illness, including your paranoia and fear, influenced your decision making and led you to act impulsively and without consideration of the consequences of your actions. In her two‑page report, she clarifies her earlier opinion by saying that at the time of this offending you had capacity to understand the wrongfulness of your actions and that you were not acutely unwell at the time. Whilst I accept your mental health was in the background of this armed robbery on 13 May 2024, my firm view is that the primary motivator was to access money to purchase drugs. On the current state of the evidence. I do not see a basis to apply Limb 1 of the decision in Verdins & Ors.[2]

[2] R v Verdins & Ors [2007] VSCA 102.

68In the context of her opinion overall and the circumstances of your offending, nor do I take the view that less weight should attach to the principle of general deterrence.

69Ms Bidjossian also opines that imprisonment would way more heavily on you due to the detrimental impact it has on those with mental health and substance use disorders such as yourself. Her assessment of your mental health is sufficient to lend some weight to Limb 5 of the decision in Verdins, and I do so.[3]  This represents an acceptance that your presentation is likely to make the prison experience more burdensome than a person without your mental health conditions. I accept the concern you have for your immigration status and the penalty I might impose has added to this stressor.   

[3] Ibid.

Criminal history

70Your prior criminal history does form part of your personal circumstances.

71Yours would appear to be a relatively limited criminal record.

72You first appeared at the Dandenong Magistrates' Court on 29 May 2017 for charges of possess cannabis, deal property suspected to be the proceeds of crime and contravene a conduct condition of bail, for which you were sentenced to an adjourned undertaking without a conviction being recorded. This undertaking was complied with and dismissed on 25 May 2018.

73On 31 July 2018, you again appeared at the Dandenong Magistrates' Court for charges of recklessly cause injury, possess cannabis, without excuse enter a scheduled public place, deal with property suspected to be the proceeds of crime, commit indictable offence whilst on bail and fail to answer bail. You were sentenced to an adjourned undertaking without conviction and this was dismissed in July 2019.

74On 3 May 2022, you appeared at the Dandenong Magistrates' Court for a charge of without authorisation enter private place. You were convicted and fined $50. Your offending before this Court would represent an escalation of the offending you have otherwise been involved in.

75Whilst not to be punished for your criminal history a second time, it is relevant to the assessment that needs to be undertaken by me as to the weight that should attach to the important principles of specific deterrence (that is, putting you off further offending), denunciation, and protection of the community. These all carry considerable importance in your sentencing exercise.

76Your criminal history is also relevant to the assessment as to your prospects of rehabilitation, a topic to which I now turn. 

Prospects of rehabilitation

77In my assessment, your overall prospects of rehabilitation can only be described as somewhat uncertain.

78As previously described, you do have a relatively limited criminal history, although even within that history there is one matter of violence.

79You have a diagnosed psychiatric illness as well as recognised psychological conditions which in the past you have not managed well. You need to consider compliance with mental health services and a preparedness to do the hard work required to assist you to further your current stability

80In addition, you have a long-standing addiction to drugs which will also take considerable work to overcome and this plays a clear role in terms of your future prospects.

81Ms

Bidjossian opines that your risk of reoffending is considered high, based on your severe and pervasive mental health problems, chronic substance use, social isolation, variable accommodation and your prior treatment and medication

non-compliance.

82In total, you have now spent a total of 262 days on remand referable to this offending. This should stand as somewhat of a sanction and as a deterrent into the future. You do report, as I have referenced, being drug free and as being compliant with prescribed medication.

83Ms Bidjossian also opines that your risk of re-offending can be reduced with an appropriate treatment place, prioritising improving your insight into your illness and the link between your mental health and substance use. This should seek to improve your compliance and engagement, emotional regulation, enhance coping strategies, and assist in developing impulse control to mitigate impulsive behaviours that could lead to further offending.

84I am told that you do have the continuing support of your family and that you are able to return to the family home. This should provide you with a stable base to now seek and comply with treatment. You should understand that their preparedness to have you home is likely to be contingent on you remaining drug free if history informs me.

85If you can remain drug free and can comply with mental health treatment and appropriate supports in the community, your future prospects may well become more positive. I certainly hope this is the case for your sake and also in the interests of the community overall.

Sentencing Submissions

86Your counsel contends that the court could consider that the time you have served to date in combination with a Community correction Order would be reflective of all relevant sentencing considerations.

87The Crown contends that a combination sentence – that is a term of imprisonment in combination with a Community Correction Order would adequately reflect all relevant sentencing considerations but further indicate to the Court that the time you have served in custody by way of pre-sentence detention may be insufficient for the custodial portion of any combination sentence.

88I have had regard to the comparative cases provided by the Prosecution and they have been of assistance.

89In order to be better informed, I had you assessed as to your suitability for a Community Correction Order.

90An Assessment Outcome Report dated 16 September 2025 found that you were suitable for a Community Correction Order.

91A report dated 15 September 2025 from the Mental Health Community Corrections Screening Program indicates that you have got poor insight as you deny having Schizophrenia. You are however taking prescribed medication and appear relatively stable. A mental health condition is recommended as a component in any Community Correction Order.

92This is the time, Ms Proud and Mr Botros, any matters you need to bring to my attention or any factual errors?

93MR BOTROS:  No, Your Honour.

94MS PROUD:  Nothing from my end.

95HER HONOUR:  All right.

Sentencing Principles

96The basic purposes for which a court may impose sentence are just punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community. I have referred to many of these considerations.

97In sentencing you, I must have regard to a range of matters which includes the seriousness of the offending, your culpability for it, your personal circumstances and those of your victim. I must also balance the interests of the community in denouncing criminal conduct with the interest the community clearly has in seeking to ensure, where possible, that offenders are rehabilitated and safely reintegrated into the community.

98I have taken into account the sentencing purposes referred to in s5 of the Sentencing Act 1991 where relevant to your case and the current sentencing practices for the offence to which you have pleaded guilty.[4]

[4] Sentencing Act.

99In relation to Charge 1 – Armed Robbery – you are convicted and sentenced to 262 days' imprisonment which I reckon as having already been served. This is in combination with a Community Correction Order of two years duration.

100As part of that Order, you are

(a)   To be supervised by the Office of Corrections

(b)   To submit for mental health treatment as directed

(c)   To submit for drug treatment as directed

(d)   To submit for programs to reduce offending as identified by Corrections and as directed

(e)   In addition, you will be judicially monitored by me. This is so that I can keep an eye on your compliance with the Order that I have imposed, and also ensure that Corrections Victoria implement the necessary treatment conditions in a timely manner

101I have declined to include community work hours reflective of the relatively low-level gravity of your offending and the need to focus on your rehabilitation given what has been made known to me as to your mental health.

102In addition to the conditions that I have imposed, there are standard conditions. The first and foremost of those is you must not commit any other offences punishable by imprisonment during the two-year period. You must report within two working days to the nearest Corrections office. You are required to advise your Corrections office of any change of address of where you are living or working and must do so within two clear working days. It is also a term of all Community Correction Orders that you must submit to visits as directed and obey all of the instructions and directions of a Corrections officer. You are not able to leave the State of Victoria without the prior permission of your Corrections office.

103In my view, this order presents you with a chance to continue to change your life in a positive fashion should you choose to take up that opportunity. As I have outlined, the Correction Order can be breached if you do not comply with it in terms of the conditions or reoffend whilst it is in place. If you do, you will have to reappear before me for breaching the order. I might have to resentence you on the charge of armed robbery and sentence you for an additional charge of contravening a Correction Order.

104Section 6AAA of the Sentencing Act requires me to state the sentence I would have imposed had you not pleaded guilty.[5] If not for your plea of guilty, you would have received a total effective sentence of 18 months' imprisonment with a minimum of 12 months before being eligible for parole. 

[5] Sentencing Act, s6AAA.

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