Maker v Osekowski
[2025] VCC 1515
•21 October 2025
IN THE COUNTY COURT OF VICTORIA
AT MELBOURNE
CRIMINAL DIVISION
Revised
Not Restricted
Suitable for PublicationCase No. AP-25-0350, CR-25-00328
Indictment No Q10562476
MAYEN MAKER Appellant v RYAN OSEKOWSKI and ORS Respondent ---
JUDGE:
HIS HONOUR JUDGE PILLAY
WHERE HELD:
Melbourne
DATE OF HEARING:
30 September 2025
DATE OF JUDGMENT:
21 October 2025
CASE MAY BE CITED AS:
Maker v Osekowski and Ors
MEDIUM NEUTRAL CITATION:
[2025] VCC 1515
REASONS FOR SENTENCE
---Subject:CRIMINAL LAW
Catchwords: Criminal plea and appeal – multiple counts of theft – multiple counts of unlawful assault – low level offending – Renzella time
Legislation Cited: Crimes Act 1958; Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015; Sentencing Act 1991; Criminal Procedure Act 2009; Control of Weapons Act 1990; Summary Offences Act 1966; Drugs, Poisons and Controlled Substances Act 1981; Bail Act 1977; Road Safety Act 1986
Cases Cited:Thurlow v R [2021] VSCA 71
Judgment: Decision of Magistrate set side – resentenced for a period of 21 months’ with a non-parole period of 14 months
---
APPEARANCES:
Counsel Solicitors For the Appellant Ms E George Gallant Law For the Respondent Mr M Kats Office of Public Prosecutions HIS HONOUR:
1Mayen Maker these sentencing remarks concern two matters that you currently have before this Court.
2The first matter is an appeal against the sentence imposed by the Melbourne Magistrates’ Court on 12 March 2025. The appeal concerns sentences in relation to about 57 charges which occurred in the period from March to November 2024. It involved numerous informants. On that day, you received a total effective sentence of two years’ imprisonment with a non-parole period of 12 months.
3Second, while awaiting sentencing in relation to those matters, on 25 February 2025 you committed one charge of theft and one charge of robbery on indictment to which you now plead guilty in this Court.
4For reasons which I will come to, I set aside the decision of the Magistrate below, and propose to sentence in relation to both the charges heard in the Magistrates’ Court and those on indictment in this Court.
The appeal offences
5A chart of offences is attached to these reasons as Annexure A. Given the volume of the charges, it is not proposed to recite the factual summary behind each of the charges, but it was agreed by the defence that the summaries as read to the Magistrates’ Court could be accepted by me as accurately representing the factual basis on which the plea was taken. By reason of that, I simply note that I accept the summaries as read to the Court, and summarised in Annexure A on appeal, as accurately setting out the factual basis for the appeal.[1]
[1] The police summaries were received by the Court but given the agreement between the parties they
were not tendered.
6The maximum penalties associated with each of the charges was helpfully provided by the prosecution. The defence admitted its accuracy. I accept it and it forms part of reasons for my sentence as I have had regard to it for the purposes of assessing the objective gravity of the offending. This is Annexure B.[2]
[2] As amended from Exhibit P4
7Your criminal history was admitted.[3]
[3] Exhibit P2
The charges on Indictment
8As to the charges on the indictment, the prosecution summary was dated 2 September 2025 and accepted by the defence as accurately setting out the factual basis on which the plea was taken. For that reason, I do not need to set out the details of that agreed factual basis in any detail. The agreed prosecution summary is Exhibit P1.
9On the indictment, Charge 1 is one charge of theft contrary to s74 of the Crimes Act 1958. The maximum penalty for this offence is 10 years’ imprisonment.
10Charge 2 is one charge of robbery contrary to s75 of the Crimes Act 1958. The maximum penalty for this offence is 15 years’ imprisonment.
Nature and gravity of offending
11In this case I must first deal with the objective seriousness of the offending. Bearing in mind the maximum penalties Parliament has established I assess this at the low end of objective seriousness. This is despite the fact there were threats of aggression toward both witness, Albuquerque and victim, Ritesh and racial slurs which could be said to heighten their fear. It was momentary and reasonably spontaneous action. Very little planning was involved. Both prosecution and defence submit that this was toward the lower end of offending for these offences.
Moral culpability
12An assessment of the moral culpability requires a consideration of the subjective factors that affected you and which underlie the commission of the offending. It also calls for an assessment of the operation of factors which are beyond your control. This may moderate the level of moral blameworthiness to be ascribed to your actions.
13The commencement of the exercise starts with an assessment of your background. You were born in November 1995 in Kenya to South Sudanese parents who had fled due to war. You lived in refugee camps until your family came to Australia in about 2001. You grew up in Sydney. Your mother gave evidence that you come from a family of six siblings. Your father was lost in the war and your oldest sister was displaced and lost to the family for many years until she was only recently located in Kenya. Your five brothers live in Australia.
14You grew up normally and were particularly good at sports. You performed well at school. Your family moved in 2011 from Sydney to Melbourne. You continued with your VCE here but your mother described this as a turning point. At around this time you had your first episode of being psychologically unwell and were hospitalised.[4] By about 2015 you had fallen in with the wrong crowd she said, and began experimenting with drugs, leaving your tertiary course at Swinburne University.
[4]Report of Dr Fiona Best at page 6 (Exhibit D3)
15Your involvement with the criminal justice system began in 2015. You had a long list of offending after this time. In conjunction with this you had some 14 admissions to acute psychiatric inpatient units under the Mental Health Act.[5] On discharge you were put in touch with community mental health services. Through this time you lived at home but struggled with your mental health. You also relapsed into drug use being cannabis, methamphetamine and alcohol.
[5]Forensicare CMIA Report dated 30 September 2025 (Exhibit D1)
16Ultimately both Justice Health and Dr Best diagnosed you with schizoaffective disorder (and schizophrenia) requiring long term medication for both antipsychotic and mood symptoms. Constant “assertive” mental health treatment has also been prescribed by Justice Health and Dr Best.
17Your offending in this instance (February 2024) is not directly linked to your psychiatric state. Though witness statements seems to suggest you were behaving in an erratic manner this may be the result of drugs or alcohol or both.
18Bearing all those matters in mind I do not consider there is sufficient evidence on these charges to reduce the moral culpability by any significant amount and I consider your psychiatric state has only a minor dampening effect on your level of moral culpability in relation to the offending committed on the indictment.
Relevant Sentencing Principles.
Deterrence
19I consider that by reason of the psychiatric condition you are less a vehicle for both general and specific deterrence than would a person of normal psychiatric health. Verdins limbs 3 and 4 apply.
Punishment
20I accept that Verdins limbs 5 and 6 also apply given Dr Best’s report. I will take these matters into account also.
Denunciation
21Your actions toward two staff working usual jobs was threatening, aggressive and laden with the promise of violence. Such behaviour directed toward staff is unacceptable and must be condemned.
Rehabilitation
22You are not a young person, now being aged 29. However you showed significant promise as a young person achieving well in sports and completing VCE. You have good family support. However you face twin problems. The first is the psychiatric illness. You have done well to control this in prison with depot injections and long acting medication. This is to your benefit and the benefit of the community. It bodes well for your rehabilitation. The second problem is the drugs. Dr Best comments that you have really benefited from being abstinent while in jail and once again this is to your benefit and the benefit of the community. I consider with the continuation of (1) ongoing medication (2) abstinence from drugs and (3) assertive community mental health management as Dr Best opines you have fair prospects for rehabilitation.
Protection of the community
23This looms large in the assessment of this case because of (1) your history of offending to the date of this offending (2) your offending after you were bailed for this offending, (3) your offending during 2024 when on bail for various offences and (4) your past breaches of CCO orders.
24In sentencing you for these offences in isolation I also must consider your long standing history and I do so, particularly that these offences occurred while on bail for your offending now on appeal. This warrants a more stern sentence.
25Having done that I consider that on Charge 1 (Theft) I would sentence you to 2 months. In respect of Charge 2 (Robbery) I would sentence you to 3 months. Given the temporal connection of the offending I would cumulate 1 month of the theft charge to give a total sentence of 4 months.
The appeal offences
26There is no need to set out these matters in detail given the parties agree that the chart of offences summarise these and sets out the dispositions accurately.
The reason I propose to set aside the Magistrate’s orders is that in relation to Charge 35 the maximum penalty for the offence of behaving in a disorderly manner in a train, contrary to Rule 26(b) of the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015, is 10 penalty units. The learned Magistrate imposed, with conviction, a sentence of seven days’ imprisonment. Such a custodial disposition was invalid.
27Furthermore since the sentencing before the learned Magistrate the report of Dr Best and the Justice Health records have been received and summarised in Exhibit D1. These go to the defence submission on the plea and for the reasons set out above found the Verdins submissions made.
28For the reasons above I take into account the relevant sentencing principles as well as being informed by the medical material.
29I accept that the plea was at an early stage and is evidence of remorse.
30In coming to sentence due to the volume of charges I have simply adopted the chart of offences tendered by the prosecution as Exhibit P3. In order to properly expose my reason for sentencing as I have it is necessary to mention a few specific matters.
31In addition to the matters I have set out above however it is clear that the offending at Charge 65 (Carjacking) which forms the base sentence was committed in circumstances where your mental state did play a role. This can be seen from the fact that you were unfit for interview when arrested immediately after the offending on 17 November 2024. This similarly needs to be taken into account on Charges 65, 66, 67, 69, 70 and 71 and I accordingly moderate your level of moral culpability for this offending. If it were necessary I would find that s5(2H) of the Sentencing Act 1991 has been met and that a term of imprisonment is not automatically to be imposed by reason of the link of your mental state to the offending at the time. However this does not arise as I have ultimately imposed a term of imprisonment.
32As to the theft offences (Charges 1, 4, 7, 17, 18, 20, 21, 22, 25, 32, 33, 40, 60 and 74) this is low level offending: small items taken with little thought or sophistication.
33The possess controlled weapon without excuse (Charge 2) is similarly low level.
34The attempted theft from shop (Charge 5) is low level.
35The unlawful assaults (Charges 6, 12, 38, 50, 55, 61, 64, 66, 67, 69 and 70) are low to moderate examples of this offending given their spontaneity but aggression. It was unprovoked and repeated behaviour.
36The threat to inflict serious injury (Charge 8) was once again unprovoked, designed to achieve an aim but frightening. It is a low level example of this offending.
37Use threatening words in a public place (Charge 9) is low level offending.
38Enter place likely to cause breach of the peace (Charge 10) is low level offending.
39Burglary (Charge 11) is low level offending.
40Intentionally damage property (Charges 13, 37, 49, 57 and 63) are low to moderate examples of such offending.
41Resist emergency worker on duty or obstruct emergency worker on duty (Charges 14, 45, 52 and 56) represent low level offending of this kind.
42Deal with property suspected to be proceeds of crime (Charge 16) is low level offending of this kind.
43Possess drug of dependence (Charges 19 and 23) are very low level examples of this kind of offending.
44Possess dangerous article in licensed premises without excuse (Charge 24) is a low level example of this offending.
45Wilful damage to property (Charge 26) is a low to moderate example of this kind of offending.
46Affray (Charge 27) given your role is a low level example of this offending.
47Reckless cause injury (Charge 34) is a low to moderate example of this offending.
48Behave in a disorderly manner in a train (Charge 35) is a low to moderate example of this offending.
49Smoke in train (Charge 36) is a low level example of this offending.
50Possess suspected stolen good (Charges 43 and 44) are small items and these are low level examples of this offending.
51Make threat to kill (Charge 48) is a low to moderate example of this offending.
52Attempt to commit indicatable offence of robbery (Charge 62) is a low level example of this offending.
53Carjacking (Charge 65) is the base sentence and this is a moderate example of the offending.
54Fail to answer bail (Charge 71) is a low level example of this offending.
55Fail to report to police owner not present (Charge 72) is a low level example of this offending.
56Possess dangerous article in a public place (Charge 73) is a low level example of this offending.
57The relevant sentencing principles are set out at [19-23]. I refer to and repeat those in considering the appeal matters.
58I have imposed the sentences set out in the attached sentencing table in relation to the appeal offences with orders for concurrency and cumulation.
Overall assessment
59Both defence and prosecution suggested that once I reach this stage in the sentencing exercise I ought to step back and consider the following matters:
(a) the effect of Renzella time; and
(b) the principle of totality.
60As to Renzella time the parties agreed that some 263 days are available. However this dates back well over a decade and I do not propose to bring all this “dead time” into account. Rather I propose to take into account 154 days which represents that time from 27 April 2024 to date. This time is calculated in the relevant period of offending and ought be calculated against this offending. I accept the defence submissions on this point and I take into account this time in arriving at the ultimate sentence I impose.[6] This means rather than cumulating the sentence on the indictable offending I moderate it substantially and in the overall assessment.
[6]Thurlow v R [2021] VSCA 71 at [40-44]
61I am also mindful of totality. The sentence imposed must be a just and appropriate measure of the total criminality involved.
62Bearing all these matters in mind I sentence you to 21 months’ imprisonment with a non-parole period of 14 months for all charges except Charge 35 for which I specifically do not impose a fine for.
63I am also required pursuant to s6AAA of the Sentencing Act 1991 to indicate the sentence that would have been imposed, but for your plea of guilty. But for your early plea, I would have imposed a sentence of 29 months’ imprisonment with a non-parole period of 19 months.
64I reckon 413 days as pre-sentence detention, not including the date of sentence, and this is to be deducted from the sentence.
Licence cancellation and disqualification orders
65Given Charge 65 is proven, I will order the licence suspension, cancellation and disqualification of your licence for two years.
Ancillary orders
66A weapons forfeiture order will be made in respect of Charges 2, 24 and 73.
67A disposal order will be made in respect of Charges 19 and 23.
68A forfeiture order will be made in respect of Charges 43 and 44.
69Leave will be granted to amend Charge 24 in accordance with s8 of the Criminal Procedure Act 2009 to permit the Crown to amend Charge 24 from the offence of possess controlled weapon in licensed premises without lawful excuse to the offence of possess a dangerous article in licensed premises without lawful excuse: s7(1A) of the Control of Weapons Act 1990.
Annexure A[7]
[7] Annexure A has been amended from Exhibit P3
| Charge No | Offence | Date 2024 | Particulars | Contrary to | Sentence | Cumulation | Other Orders |
| 1 | Theft | 16/03 | Adidas Shoes, Green baseball cap, and two packs of three pairs of socks valued at $216.00 belonging to Platypus South Yarra. | s74(1) Crimes Act 1958 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 2 | Possess Controlled Weapon Without Excuse | 16/03 | Pink kitchen knife approximately 20cm in length. | s6(1) Control of Weapons Act 1990 | Convicted and sentenced to 7 days’ imprisonment | Nil | Forfeiture order made by consent. Order all property seized be forfeited and destroyed. |
| 4 | Theft | 06/04 | Under Armour shorts valued at $50 belonging to Rebel Sport Prahan. | s74(1) Crimes Act 1958 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 5 | Attempted Theft | 06/04 | Attempted Theft – From Shop. Removed price tags and started burning off the security alarm tag off other clothing items. | ss74(1) & 321M Crimes Act 1958 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 6 | Unlawful Assault | 29/04 | Appellant blew vape smoke into the face of the victim, Ryan MACKIN, on a train and slapped the victim in the chest and shoulder with the back of his hand. | s23 Summary Offences Act 1966 | Convicted and sentenced to 3 months’ imprisonment | 1 month | - |
| 7 | Theft | 29/04 | Sunglasses valued at $21.99 belonging to OOM Energy petrol station in Tarneit. | s74(1) Crimes Act 1958 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 8 | Threat to Inflict Serious Injury | 29/04 | Threatened victim, UKANI, to jump over the counter and “fuck you up”. | s21 Crimes Act 1958 | Convicted and sentenced to 1 month’s imprisonment | Nil | - |
| 9 | Use Threatening Words in Public | 29/04 | Used threatening words at OOM Energy petrol station in Tarneit. | s17(1)(c) Summary Offences Act 1966 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 10 | Enter Place Likely to Cause Breach of Peace | 29/04 | Entered OOM Energy petrol station in Tarneit. | s9(1)(g) Summary Offences Act 1966 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 11 | Burglary | 02/05 | The staff-only area behind the counter at De Mart Convenience Store in Prahran. | s76(1) Crimes Act 1958 | Convicted and sentenced to 6 months’ imprisonment | 2 months | - |
| 12 | Unlawful Assault | 02/05 | Pushed the victim, Mujeeb Ullah KHAN, and punched the victim on his left hand. | s23 Summary Offences Act 1966 | Convicted and sentenced to 3 months’ imprisonment | Nil | - |
| 13 | Intentionally Damage Property | 04/05 | Appellant swung a 30cm (approx.) metal pole at a closed door belonging to Eagle Convenience located in South Yarra, causing the entire pane of glass to significantly crack. | s197(1) Crimes Act 1958 | Convicted and sentenced to 14 days’ imprisonment | Nil | - |
| 14 | Resist Emergency Worker | 04/05 | Resisted SC Jack Goodchap and FC Amy Garland. Kicked out violently, causing the pod door of the divisional van to narrowly miss police. | s51(2) Summary Offences Act 1966 | Convicted and sentenced to 1 month’s imprisonment | Nil | - |
| 16 | Deal with Property Suspected of Being Proceeds of Crime | 04/05 | Black LA Lakers Shorts with Security tag still attached. | s195 Crimes Act 1958 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 17 | Theft | 14/05 | 2 x packets Benson and Hedges Cigarettes, 2 x 500ml bottles of Canadian Club liquor, 2 x bottles 18k Gold Prosecco valued at $210 and belonging to Coles Liquorland Prahan. Appellant was in company. | s74(1) Crimes Act 1958 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 18 | Theft | 14/05 | Consumables and Clothing valued at $117 belonging to Coles Prahan. Appellant was in company. | s74(1) Crimes Act 1958 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 19 | Possess Methylamphetamine | 14/05 | Unknown quantity (small). | s73(1) Drugs, Poisons and Controlled Substances Act 1981 | Convicted and sentenced to 7 days’ imprisonment | Nil | Forfeiture Order made by consent. Order all drugs / instruments seized be forfeited and destroyed. |
| 20 | Theft | 28/05 | 1 x box of Connoisseur ice cream valued at unknown amount belonging to Coles Prahan. | s74(1) Crimes Act 1958 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 21 | Theft | 28/05 | Five bottles of spirts valued at $481.95 belonging to Dan Murphy’s Prahran. | s74(1) Crimes Act 1958 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 22 | Theft | 29/05 | Clothing valued at approximately $150 belonging to Kmart Footscray. | s74(1) Crimes Act 1958 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 23 | Possess Cannabis | 29/05 | 0.63 grams of cannabis. | s73(1) Drugs, Poisons and Controlled Substances Act 1981 | Convicted and discharged | - | Forfeiture Order made by consent. Order all drugs / instruments seized be forfeited and destroyed. |
| 24 | Possess Dangerous Article in Licensed Premises Without Excuse | 29/05 | Large pair of scissors. | s7(1A) Control of Weapons Act 1990 | Convicted and sentenced to 7 days’ imprisonment | Nil | Forfeiture order made by consent. Order all property seized be forfeited and destroyed. |
| 25 | Theft from Shop | 06/06 | Stole a pair of sunglasses, a lighter, and a bottle of water valued at $48.85 and belonging to BP Service Station in Tarneit. | s74(1) Crimes Act 1958 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 26 | Wilfully Damage Property | 06/06 | Kicked the front door of BP Service Station in Tarneit, causing it to break and the door to slide open. Cost of repairing the door was $544.50. | s9(1)(c) Summary Offences Act 1966 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 27 | Affray | 30/06 | In company with MM and an unknown third male. Co-offenders have confronted victim WHELAN. Co-offender MM took victim McCORMACK into a headlock and threw her onto the ground, causing scratches. | s195H(1) Crimes Act 1958 | Convicted and sentenced to 4 months’ imprisonment | 1 month | - |
| 32 | Theft | 19/08 | Packet of three knifes valued at $5 belonging to Kmart Footscray. | s74(1) Crimes Act 1958 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 33 | Theft | 19/08 | Bread knife (approx. 20cm) valued at $8 belonging to Kmart Footscray. | s74(1) Crimes Act 1958 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 34 | Recklessly Cause Injury | 20/08 | Forcefully pushed victim, KHAN, causing his right shoulder to dislocate. | s18 Crimes Act 1958 | Convicted and sentenced to 6 months’ imprisonment | 2 months | - |
| 35 | Behave in Disorderly Manner in Train | 20/08 | Verbally abused a passenger (HUBBER) and staff member (FITZSIMMONS) on V/Line Train. | r26(b) Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015 | No fine | - | - |
| 36 | Smoke in a Train | 20/08 | Smoked vape on V/Line Train. | r32(1) Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015 | Convicted and discharged | Nil | - |
| 37 | Intentionally Damage Property | 30/08 | Hit a window at Richard REVILL’s office with a screwdriver and smashed the window. | s197(1) Crimes Act 1958 | Convicted and sentenced to 14 days’ imprisonment | Nil | - |
| 38 | Unlawful Assault | 05/09 | Appellant charged the victim, Hasnain YASIN (security guard at The Courthouse Hotel), with his right shoulder after Appellant was denied entry. No injuries. | s23 Summary Offences Act 1966 | Convicted and sentenced to 3 months’ imprisonment | 1 month | - |
| 40 | Theft of Bicycle | 16/10 | Red Reid mountain bicycle valued at $200 and belonging to Pablo GUZZA. | s74(1) Crimes Act 1958 | Convicted and sentenced to 14 days’ imprisonment | Nil | - |
| 43 | Possess Suspected Stolen Goods | 16/10 | 1 x Medicare card, 1 x Victorian Drivers Licence, 1 x ANZ Business one card belonging to Mark RIBARSKY. | s26(1) Summary Offences Act 1966 | Convicted and sentenced to 7 days’ imprisonment | Nil | Forfeiture Order made by consent. Order all property/s seized be forfeited and destroyed. |
| 44 | Possess Suspected Stolen Goods | 16/10 | 1x Victorian Proof of Age Card belonging to Muhammad IMRAN. | s26(1) Summary Offences Act 1966 | Convicted and sentenced to 7 days’ imprisonment | Nil | Forfeiture Order made by consent. Order all property/s seized be forfeited and destroyed. |
| 45 | Resist Protective Services Officer | 16/10 | Resisted arrest by PSO O’CALLAGHAN by folding his arms in front of him and holding them tightly in place. | s31(1)(b) Crimes Act 1958 | Convicted and sentenced to 1 month’s imprisonment | Nil | - |
| 48 | Make Threat to Kill | 17/10 | Said to the victim, Emily MORRIS, “I’m going to kill you.” | s20 Crimes Act 1958 | Convicted and sentenced to 3 months’ imprisonment | 1 month | - |
| 49 | Intentionally Damage Property | 17/10 | Umbrella, EFTPOS Payment machine, and TV Monitor valued at approximately $800 belonging to Coles Hoppers Crossing. | s197(1) Crimes Act 1958 | Convicted and sentenced to 14 days’ imprisonment | Nil | - |
| 50 | Unlawful Assault | 17/10 | Victim was Hartley DAVIDSON. Victim suffered mild soreness to his shoulder. | s23 Summary Offences Act 1966 | Convicted and sentenced to 3 months’ imprisonment | 1 month | - |
| 52 | Resist Emergency Worker | 17/10 | Resisted arrest by Sergeant Samuel HARGREAVES by pulling his hands to his chest and taking hold of railing to prevent handcuffs being placed on him. Appellant also went limp, refused to stand up, and wrapped his legs around a railing pole. | s51(2) Summary Offences Act 1966 | Convicted and sentenced to 1 month’s imprisonment | Nil | - |
| 55 | Unlawful Assault | 23/10 | Pushed the victim, Joshua WHEELER, in the back. No injuries caused. | s23 Summary Offences Act 1966 | Convicted and sentenced to 3 months’ imprisonment | 1 month | - |
| 56 | Resist Emergency Worker on Duty | 14/11 | Resisted arrest by FC Simms by tensing up. Kicked out towards FC Simms, preventing police from closing divisional van door. | s31(1)(b) Crimes Act 1958 | Convicted and sentenced to 1 month’s imprisonment | Nil | - |
| 57 | Criminal Damage (Intent Damage / Destroy) | 14/11 | Kicked sliding glass doors of belonging to Powell Hotel, Footscray. Doors came off top hinges and could not be locked. Unknown value. | s197(1) Crimes Act 1958 | Convicted and sentenced to 14 days’ imprisonment | Nil | - |
| 60 | Theft | 15/11 | iPhone valued at $2,000 belonging to Utsav PATEL. | s74(1) Crimes Act 1958 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 61 | Unlawful Assault | 15/11 | Punched victim, Utsav PATEL, to the left and right side of his face. No injury caused. | s23 Summary Offences Act 1966 | Convicted and sentenced to 3 months’ imprisonment | 1 month | - |
| 62 | Attempt to Commit an Indictable Offence | 15/11 | Attempted to commit Robbery of Nisar NASEER. | ss75 & 321M Crimes Act 1958 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 63 | Intentionally Damage Property | 15/11 | Samsung Galaxy Mobile Phone valued at $350 belonging to Nisar NASEER. | s197(1) Crimes Act 1958 | Convicted and sentenced to 14 days’ imprisonment | Nil | - |
| 64 | Unlawful Assault | 15/11 | Assaulted Nisar NASEER by hitting his hands multiple times with what appeared to be a lighter and by attempting to slap the him. Appellant also smashed victim’s phone out of his hands. | s23 Summary Offences Act 1966 | Convicted and sentenced to 3 months’ imprisonment | Nil | - |
| 65 | Carjacking (Fear – Force Steal Vehicle) | 16/11 | Victim was Don Dinan HETTIARACHCHI. | s79(1) Crimes Act 1958 | Convicted and sentenced to 10 months’ imprisonment | Base sentence | Licence cancellation and disqualification from driving for a period of 2 years, effective from 12 March 2025. |
| 66 | Unlawful Assault | 16/11 | Appellant was verbally abusive towards the victim, Don Dinan HETTIARACHCHI, and smashed the bottom of the victim’s vehicle’s windscreen with his fist. | s23 Summary Offences Act 1966 | Convicted and sentenced to 3 months’ imprisonment | Nil | - |
| 67 | Unlawful Assault | 15/11 | Threw a packet of gum at Dervanish DESAI. | s23 Summary Offences Act 1966 | Convicted and sentenced to 3 months’ imprisonment | Nil | - |
| 69 | Unlawful Assault | 15/11 | Got into a confrontation with the victim, Scott DIXON, and bumped him multiple times. | s23 Summary Offences Act 1966 | Convicted and sentenced to 3 months’ imprisonment | Nil | - |
| 70 | Unlawful Assault | 15/11 | Punched the head of the victim, Akhil VARAKANTHAM, multiple times. | s23 Summary Offences Act 1966 | Convicted and sentenced to 3 months’ imprisonment | Nil | - |
| 71 | Fail to Answer Bail | 15/11 | Fail to appear at Melbourne Magistrates Court in accordance with undertaking signed 7 November 2024. | s30(1) Bail Act 1977 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| 72 | Fail to Report to Police Owner Not Present | 16/11 | Accident occurred and owner was not present; failed to report to police. | s61(1)(f) Road Safety Act 1986 | Convicted and sentenced to 14 days’ imprisonment | Nil | - |
| 73 | Possess Dangerous Article | 12/09 | Crowbar. | s7(1) Control of Weapons Act 1990 | Convicted and sentenced to 7 days’ imprisonment | Nil | Forfeiture Order made by consent. Order all property/s seized be forfeited and destroyed. |
| 74 | Theft | 29/04 | Two packets of cigarettes valued at $104 belonging to BWS Tarneit Gardens. | s74(1) Crimes Act 1958 | Convicted and sentenced to 7 days’ imprisonment | Nil | - |
| TOTAL EFFECTIVE SENTENCE: 21 months’ imprisonment NON-PAROLE PERIOD: 14 months PRE-SENTENCE DETENTION: 413 days S6AAA DECLARATION: 29 months’ imprisonment with a non-parole period of 19 months | |||||||
Annexure B
Maximum Penalties (subject to the sentencing limits of the Magistrates’ Court)[8]:
[8] The County Court is exercising the jurisdiction of the Magistrates’ Court on appeal and as such
is bound by sections 113, 113A and 113B of the Sentencing Act 1991 (i.e. a maximum of two years imprisonment for a single offence and a maximum of five years imprisonment for any combination of offences).
Offence
Theft, Theft From Shop – Shopsteal, Theft of Bicycle
Relevant charge/s
Charges 1, 4, 7, 17, 18, 20, 21, 22, 25, 32, 33, 40, 60, 74
Source of Offence
s. 74(1) Crimes Act 1958
Source of Penalty
s. 74(1) Crimes Act 1958
Penalty
Level 5 imprisonment (10 years maximum)
Offence
Possess Controlled Weapon Without Excuse
Relevant charge/s
Charge 2
Source of Offence
s. 6(1) Control of Weapons Act 1990
Source of Penalty
s. 6(1) Control of Weapons Act 1990
Penalty
120 penalty units or imprisonment for 1 year
Offence
Possess Controlled Weapon Without Excuse in Licensed Premises
Relevant charge/s
Charge 24
Source of Offence
s. 7(1A) Control of Weapons Act 1990
Source of Penalty
s. 7(1A) Control of Weapons Act 1990
Penalty
240 penalty units or imprisonment for 2 years
Offence
Attempt Theft From Shop
Relevant charge/s
Charge 5
Source of Offence
s. 321M Crimes Act 1958
Source of Penalty
s. 321P Crimes Act 1958 & s. 74(1) Crimes Act 1958
Note
s. 321P specifies:
(1) A person convicted of attempting to commit an offence is liable— (a) if the penalty for the relevant offence is set out by reference to an expression specified in column 1 of the Table, to the penalty set out opposite it in column 2 of the Table.
(b) if the penalty for the relevant offence is not set out by reference to an expression specified in column 1 of the Table in paragraph (a), to a penalty not exceeding 60% of the maximum penalty fixed or prescribed by law for the relevant offence; or
(c) if the maximum penalty for the relevant offence is not fixed or prescribed by law, to level 6 imprisonment (5 years maximum).
Table of alternative penalties for persons convicted for attempt pursuant to s. 321 Crimes Act 1958:
Column 1
Column 2
Level 1 imprisonment (life)
Level 2 imprisonment (25 years maximum)
Level 2 imprisonment (25 years maximum)
Level 3 imprisonment (20 years maximum)
Level 2 fine (3000 penalty units maximum)
Level 3 fine (2400 penalty units maximum)
Level 3 imprisonment (20 years maximum)
Level 4 imprisonment (15 years maximum)
Level 3 fine (2400 penalty units maximum)
Level 4 fine (1800 penalty units maximum)
Level 4 imprisonment (15 years maximum)
Level 5 imprisonment (10 years maximum)
Level 4 fine (1800 penalty units maximum)
Level 5 fine (1200 penalty units maximum)
Level 5 imprisonment (10 years maximum)
Level 6 imprisonment (5 years maximum)
Level 5 fine (1200 penalty units maximum)
Level 6 fine (600 penalty units maximum)
Level 6 imprisonment (5 years maximum)
Level 7 imprisonment (2 years maximum)
Level 6 fine (600 penalty units maximum)
Level 7 fine (240 penalty units maximum)
Level 7 imprisonment
(2 years maximum)Level 8 imprisonment (1 year maximum)
Level 7 fine (240 penalty units maximum)
Level 8 fine (120 penalty units maximum)
Level 8 imprisonment (1 year maximum)
Level 9 imprisonment (6 months maximum)
Level 8 fine (120 penalty units maximum)
Level 9 fine (60 penalty units maximum)
Level 9 imprisonment (6 months maximum)
Level 10 fine (10 penalty units maximum)
Level 9 fine (60 penalty units maximum)
Level 10 fine (10 penalty units maximum)
Level 10 fine (10 penalty units maximum)
Level 11 fine (5 penalty units maximum)
Level 11 fine (5 penalty units maximum)
Level 12 fine (1 penalty unit maximum)
Level 12 fine (1 penalty unit maximum)
Level 12 fine (1 penalty unit maximum)
Offence
Unlawful Assault
Relevant charge/s
6, 12, 38, 50, 55, 61, 64, 66, 67, 69, 70
Source of Offence
s. 23 Summary Offences Act 1966
Source of Penalty
s. 23 or 24(1) Summary Offences Act 1966
Penalty
s. 23: 15 penalty units or imprisonment for 3 months.
s. 24(1)(a) - Assault of child 14 or under, or any female: 25 penalty units or 6 months’ jail (if in the opinion of the court the assault or battery is of such an aggravated nature that it cannot sufficiently be punished under s. 23) and the court may without any further or other charge adjudge any person convicted to enter into a recognizance and find sureties to keep the peace and be of good behaviour for a term of not more than six months from the expiration of such sentence.
Offence
Threat to Inflict Serious Injury
Relevant charge/s
Charge 8
Source of Offence
s. 21 Crimes Act 1958
Source of Penalty
s. 21 Crimes Act 1958
Penalty
Level 6 imprisonment (5 years maximum)
Note
Serious Violent Offender –
Relevant offence for serious violent offender’s provision pursuant to Sch. 1 cl. (c)(iab)(v) Sentencing Act 1991.
Offence
Use Threatening Words in Public Place
Relevant charge/s
Charges 9
Source of Offence
S17(1)(c) Summary Offences Act
Source of Penalty
S17(1) Summary Offences Act
Penalty
First offence: 10 penalty units or imprisonment for three months
Second Offence: 15 penalty units or imprisonment for three months.
Third or Subsequent Offence: 25 penalty units or imprisonment for six months.
Offence
Enter Place Likely to Cause Breach of Peace
Relevant charge/s
Charge 10
Source of Offence
S9(1)(g) Summary Offences Act
Source of Penalty
S9(1) Summary Offences Act
Penalty
25 Penalty Units or imprisonment for 6 months.
Offence
Burglary
Relevant charge/s
Charge 11
Source of Offence
s. 76(1) Crimes Act 1958
Source of Penalty
s. 76(3) Crimes Act 1958
Penalty
Level 5 imprisonment (10 years maximum)
Offence
Intentionally Damage Property
Relevant charge/s
Charges 13, 37, 49, 57, 63
Source of Offence
s. 197(1) Crimes Act 1958
Source of Penalty
s. 197(1) Crimes Act 1958
Penalty
Level 5 imprisonment (10 years maximum)
Offence
Resist Emergency Worker on Duty
Relevant charge/s
Charges 14, 52
Source of Offence
s. 51(2) Summary Offences Act 1966
Source of Penalty
s. 51(2) Summary Offences Act 1966
Penalty
60 penalty units or imprisonment for 6 months
Offence
Deal with Property Suspected to be Proceeds of Crime
Relevant charge/s
Charge 16
Source of Offence
s. 195 Crimes Act 1958
Source of Penalty
s. 195 Crimes Act 1958
Penalty
Level 7 imprisonment (2 years maximum)
Offence
Possess Drug of Dependence
Relevant charge/s
Charges 19, 23
Source of Offence
s. 73(1) Drugs, Poisons and Controlled Substances Act 1981
Source of Penalty
s. 73(1) Drugs, Poisons and Controlled Substances Act 1981
Penalty
If the drug is cannabis or tetrahydrocannabinol –
Small quantity: 5 penalty units
All drugs –
Trafficking purpose excluded: 30 penalty units or level 8 imprisonment (1 year maximum) or both
Trafficking purpose not excluded: 400 penalty units or level 6 imprisonment (5 year maximum) or both
Offence
Wilful Damage to Property (Injury under the value of $5000)
Relevant charge/s
Charge 26
Source of Offence
s. 9(1)(c) Summary Offences Act 1966
Source of Penalty
s. 9(1)(c) Summary Offences Act 1966
Penalty
25 penalty units of imprisonment for six months
Offence
Affray
Relevant charge/s
Charge 27
Source of Offence
s. 195H(1) Crimes Act 1958
Source of Penalty
s. 195H(1) Crimes Act 1958
Penalty
(a) level 6 imprisonment (5 years maximum); or
(b) imprisonment for 7 years if, at the time of committing the offence, the person is wearing a face covering used primarily—(i) to conceal the person's identity; or
(ii) to protect the person from the effects of a crowd-controlling substance.
Offence
Recklessly Cause Injury
Relevant charge/s
Charge 34
Source of Offence
s. 18 Crimes Act 1958
Source of Penalty
s. 18 Crimes Act 1958
Penalty
Level 6 imprisonment (5 years maximum)
Offence
Behave in Disorderly Manner in Train
Relevant charge/s
Charge 35
Source of Offence
r. 26(b) Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015
Source of Penalty
r. 26(b) Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015
Penalty
10 penalty units
Offence
Smoke in Train
Relevant charge/s
Charge 36
Source of Offence
r. 32(1) Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015
Source of Penalty
r. 32(1) Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015
Penalty
5 penalty units
Offence
Possess Suspected Stolen Goods
Relevant charge/s
Charge 43, 44
Source of Offence
s. 26(1) Summary Offences Act 1966
Source of Penalty
s. 26(2) Summary Offences Act 1966
Penalty
Imprisonment for 1 year.
Offence
Resist or Obstruct Emergency Worker on Duty
Relevant charge/s
Charges 45, 56
Source of Offence
s. 31(1)(b) Crimes Act 1958
Source of Penalty
s. 31(1)(b) Crimes Act 1958
Penalty
Level 6 imprisonment (5 years maximum)
Note
Alcohol Exclusion -
Relevant offence for alcohol exclusion order pursuant to s. 89DD & s. 89DE Sentencing Act 1991.
Offence
Make Threats to Kill
Relevant charge/s
Charge 48
Source of Offence
s. 20 Crimes Act 1958
Source of Penalty
s. 20 Crimes Act 1958
Penalty
Level 5 imprisonment (10 years maximum)
Note
Alcohol Exclusion -
Relevant offence for alcohol exclusion order pursuant to s. 89DD & s. 89DE Sentencing Act 1991.
Serious Violent Offender –
Relevant offence for serious violent offender’s provision pursuant to Sch. 1 cl. 2(c)(iab)(iv) Sentencing Act 1991.
Offence
Attempt to Commit Indictable Offence (Robbery)
Relevant charge/s
Charge 62
Source of Offence
s. 321M Crimes Act 1958
Source of Penalty
s. 321P Crimes Act 1958 & s. 75(2) Crimes Act 1958
Note
Robbery – Level 4 Imprisonment (15 Years Maximum)
s. 321P specifies:
(1) A person convicted of attempting to commit an offence is liable— (a) if the penalty for the relevant offence is set out by reference to an expression specified in column 1 of the Table, to the penalty set out opposite it in column 2 of the Table.
(b) if the penalty for the relevant offence is not set out by reference to an expression specified in column 1 of the Table in paragraph (a), to a penalty not exceeding 60% of the maximum penalty fixed or prescribed by law for the relevant offence; or
(c) if the maximum penalty for the relevant offence is not fixed or prescribed by law, to level 6 imprisonment (5 years maximum).
Table of alternative penalties for persons convicted for attempt pursuant to s. 321 Crimes Act 1958:
Column 1
Column 2
Level 1 imprisonment (life)
Level 2 imprisonment (25 years maximum)
Level 2 imprisonment (25 years maximum)
Level 3 imprisonment (20 years maximum)
Level 2 fine (3000 penalty units maximum)
Level 3 fine (2400 penalty units maximum)
Level 3 imprisonment (20 years maximum)
Level 4 imprisonment (15 years maximum)
Level 3 fine (2400 penalty units maximum)
Level 4 fine (1800 penalty units maximum)
Level 4 imprisonment (15 years maximum)
Level 5 imprisonment (10 years maximum)
Level 4 fine (1800 penalty units maximum)
Level 5 fine (1200 penalty units maximum)
Level 5 imprisonment (10 years maximum)
Level 6 imprisonment (5 years maximum)
Level 5 fine (1200 penalty units maximum)
Level 6 fine (600 penalty units maximum)
Level 6 imprisonment (5 years maximum)
Level 7 imprisonment (2 years maximum)
Level 6 fine (600 penalty units maximum)
Level 7 fine (240 penalty units maximum)
Level 7 imprisonment
(2 years maximum)Level 8 imprisonment (1 year maximum)
Level 7 fine (240 penalty units maximum)
Level 8 fine (120 penalty units maximum)
Level 8 imprisonment (1 year maximum)
Level 9 imprisonment (6 months maximum)
Level 8 fine (120 penalty units maximum)
Level 9 fine (60 penalty units maximum)
Level 9 imprisonment (6 months maximum)
Level 10 fine (10 penalty units maximum)
Level 9 fine (60 penalty units maximum)
Level 10 fine (10 penalty units maximum)
Level 10 fine (10 penalty units maximum)
Level 11 fine (5 penalty units maximum)
Level 11 fine (5 penalty units maximum)
Level 12 fine (1 penalty unit maximum)
Level 12 fine (1 penalty unit maximum)
Level 12 fine (1 penalty unit maximum)
Offence
Carjacking
Relevant charge/s
Charge 65
Source of Offence
s. 79(1) Crimes Act 1958
Source of Penalty
s. 79(2) Crimes Act 1958
Penalty
Level 4 imprisonment (15 years maximum)
Licence Intervention –
Mandatory suspension or cancellation and disqualification for discretionary period (will be 3 months unless Court specifies longer) – s 89(4) Sentencing Act 1991
Serious Motor Vehicle Offence if arising out of the driving of a motor vehicle while under the influence of alcohol or alcohol and a drug – s. 87P Sentencing Act 1991
Mandatory minimum 12-month licence cancelation and disqualification if arising out of the driving of a motor vehicle while under the influence of alcohol or alcohol and a drug – s. 89(2)(c) Sentencing Act 1991
Note
Mandatory Sentence when dealt with in indicatable stream: Category 2 Offence.
When dealt with on indictment, a court must impose a custodial order for a Category 2 offence (unless an exception applies): s 5(2H) Sentencing Act.
Offence
Fail to Answer Bail
Relevant charge/s
Charge 71
Source of Offence
s. 30(1) Bail Act 1977
Source of Penalty
s. 30(1) Bail Act 1977
Penalty
Level 7 imprisonment (2 years maximum)
Offence
Fail to Report to Police Owner Not Present
Relevant charge/s
Charge 72
Source of Offence
s. 61(1)(f) Road Safety Act1986
Source of Penalty
s. 61(5) Road Safety Act1986
Penalty
If the accident results in a person being otherwise injured –
First offence: 80 penalty units or 8 months imprisonment
Subsequent offence: 240 penalty units or imprisonment for not less than 4 months and not more than 2 years imprisonmentIf no person is killed or suffers injury –
First offence: 5 penalty units or 14 days imprisonment
Subsequent offence: 10 penalty units or imprisonment for a period between 14 days to 1 monthLicence intervention –
Discretionary power under s. 28 Road Safety Act 1986Licence intervention – s.61(6) & (7)
If a person is killed or suffers serious injury, the court must cancel all driver licences and disqualify the person for:
First offence: 4 years if a conviction is recorded and at least 2 years in any other case
Subsequent offence: 8 years if a conviction is recorded and at least 4 years in any other case
Offence
Possess Dangerous Article in Public Place
Relevant charge/s
Charge 73
Source of Offence
s. 7(1) Control of Weapons Act 1990
Source of Penalty
s. 7(1) Control of Weapons Act 1990
Penalty
60 penalty units or imprisonment for 6 months
Short summary
1Mayen Maker these sentencing remarks concern two matters that you currently have before this Court.
2The first matter is an appeal against the sentence imposed by the Melbourne Magistrates’ Court on 12 March 2025, where you received a total effective sentence of two years’ imprisonment with a non-parole period of 12 months.
3Second, while awaiting sentencing in relation to those matters, on 25 February 2025 you committed one charge of theft and one charge of robbery on indictment to which you now plead guilty in this Court.
4For reasons which I will come to, I set aside the decision of the Magistrate below, and propose to sentence in relation to both the charges heard in the Magistrates’ Court and those on indictment in this Court.
5Regarding objective seriousness of the offending, bearing in mind the maximum penalties Parliament has established, I assess your offending at the low end of objective seriousness
6Turning first to the consideration of deterrence, I consider that by reason of the psychiatric condition you are less a vehicle for both general and specific deterrence than would a person of normal psychiatric health. Verdins limbs 3 and 4 apply.
7Regarding punishment, I accept that Verdins limbs 5 and 6 also apply given Dr Best’s report.
8Regarding denunciation, your actions in the carjacking and towards staff was threatening, aggressive and laden with the promise of violence. Such behaviour directed toward staff is unacceptable and must be condemned.
9Regarding rehabilitation, I consider with the continuation of (1) ongoing medication (2) abstinence from drugs and (3) assertive community mental health management as Dr Best opines you have fair prospects for rehabilitation.
10Regarding protection of the community, this looms large in the assessment of this case because of (1) your history of offending to the date of this offending (2) your offending after you were bailed for this offending, (3) your offending during 2024 when on bail for various offences and (4) your past breaches of CCO orders.
11I am also mindful of totality. The sentence imposed must be a just and appropriate measure of the total criminality involved.
12Bearing all these matters in mind I sentence you to 21 months’ imprisonment with a non-parole period of 14 months for all charges except Charge 35 for which I specifically do not impose a fine for.
13This summary is not intended to be a substitute for the reasons of the County Court or to be used in any later consideration of the Court’s reasons.