R v Merhi

[2016] VCC 487

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
(Not) Restricted
Suitable for Publication

Case No.CR-15-00837

DIRECTOR OF PUBLIC PROSECUTIONS

v

IBRAHIM MERHI

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JUDGE:	HIS HONOUR JUDGE PUNSHON
WHERE HELD:	Melbourne
DATE OF HEARING:	21 April 2016
DATE OF SENTENCE:	21 April 2016
CASE MAY BE CITED AS:	R v Merhi
MEDIUM NEUTRAL CITATION:	[2016] VCC 487

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr M.D. Hennessy	OPP Victoria
For the Accused	Mr C. Dane QC	Garde-Wilson Lawyers

HIS HONOUR:

1       Ibrahim Merhi, you have pleaded guilty to one charge of assault, contrary to common law.

2       You were originally charged with other additional offending, consisting of, if my notes on this are correct, eleven charges on one indictment and seven on another indictment.  Two trials were to be held commencing on 4 April this year.  The first indictment consisted of two charges of common assault, one charge of making a threat to kill, one charge of false imprisonment and six charges of rape.  Indeed this indictment was filed over an earlier indictment, which had a further two charges of burglary and theft.  The second consisted two charges of rape, three charges of common assault, one charge of damaging property and one charge of making a threat to kill.

3       The only charge that eventually proceeded, the one that you pleaded guilty to when arraigned on 14 April, was Charge 1 on the first indictment.  The victim is Marco Lantieri.  All of the other charges, which were effectively discontinued, alleged offending against your former partner.

4       

The alleged offending on the first indictment was said to have occurred on

25 July 2014.  The alleged offending on the second indictment was said to have occurred between February and July 2014.

5       The reason I briefly mention this history is to note that you must have been under stress of these pending matters from the time of your arrest on 25 July 2014.

6       The prosecutor, Mr Hennessy, outlined the circumstances of the charge before me and ensured you had been in a relationship with your former partner, dating from December 2013.  Initially you and your partner lived with your parents, but in early June, you and her moved in with Mr Lantieri.  Your relationship with your partner ended.  Your partner moved to a hotel and then began to reside with Mr Lantieri, forming a sexual relationship with him.  An intervention order was taken out against you.

7       On 25 July, you and another man went to Mr Lantieri’s home.  Both Mr Lantieri and your former partner were there, but on becoming aware of your attendance, she hid.  Lantieri was interrogated about why he had not been answering calls from you.  Your partner’s presence was then discovered.  You approached Lantieri and punched him at least twice to the head.  I cannot assume that there were more than two punches. 

8       You were arrested on 25 July and made a largely "no comment" record of interview.

9       Mr Dane has just briefly outlined your personal circumstances.  You are 28.  You do have a prior criminal history dating back to 2009.  Your history consists principally of offences for driving, dishonesty, minor drug offending, criminal damage and possession of a controlled weapon.  However, you have one previous conviction for assault in 2012, where you were fined $1,500 as part of an aggregate fine for unlawful assault and criminal damage.  Mr Dane has just told me that that offending arose out of what he described as a road rage incident, where you damaged a door of a motor vehicle, and presumably assaulted the other driver.  Obviously that is indicative of the need for you to control your temper.  The same obviously could be said in respect of the current offending. 

10      You have been sentenced to prison previously, but have either had the sentence suspended or ordered to be served by way of an intensive correction order. 

11      The prosecution's submission on penalty is that you should be convicted of the common assault.  I think that is obviously correct, but otherwise, all options are open.  Mr Dane submitted that I should fine you.  I agree with that submission.  You will be convicted and fined $1,500. 

12      MR DANE;  If Your Honour pleases, three months please?

13      HIS HONOUR:  A stay of three months.

14      MR DANE:  Thank you, Your Honour.

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