DPP v Dawas [2026] VCC 309

1. You and Filippa Demetriou,[5] were both involved in the Australian Airforce Cadets ('Cadets') and met in 2013. Your first meeting was at a social event on one of the Cadet's camp nights. Ms Demetriou felt an "initial spark" and you exchanged phone numbers at your next meeting, keeping in touch mainly via text messages. On two occasions at Cadet camps you kissed and flirted.
2. In March 2015, when you were 19 years old and Ms Demetriou was 17, a date was arranged via text.
3. You picked up Ms Demetriou from her house around 7.30 pm and drove to Williamstown. You strolled down the pier and then sat down on a bench. You told Ms Demetriou to "lie down", she did so and put her head on your lap. You then went to Nando's to eat.
4. You returned to your car and suggested that you play a game involving asking a question and it being answered truthfully. You said "I really want to kiss you. Can I kiss you tonight?", Ms Demetriou replied "yes". You drove back to Ms Demetriou's house and parked two doors down. You kissed and placed your hand up her shirt, moving it into her bra, squeezing her breasts. You said words to the effect of "you have really nice tits". Ms Demetriou pulled away and replied, "you're making me a bit self-conscious". You said it was a compliment and she replied "thank you", and the kissing continued.
5. As you kissed, you placed your hand onto her vaginal area on the outside of her pants. Ms Demetriou pulled your hand away and said, "no". You whispered, "that's fine". You put your hand back in the same place. She again said, "no," and again pulled your hand away. You said, "can I ask why?", she replied "because I have hair down there", to which you said, "I don't care".
6. You put your hand into Ms Demetriou's underwear, touched her vagina, commenting "you're so wet", and then started fingering her very aggressively. She felt pain and discomfort but did not say anything. You pulled down your pants and moved her head into a position to start giving you oral sex. Ms Demetriou gave you oral sex. She then heard someone open the front door of a house, so she stopped. You took your phone out and held it to your ear, pretending you were on a call.
7. You asked Ms Demetriou if she wanted to "go to the back" of the car, she agreed and asked if you had a condom, you confirmed that you did. You both got into the back seat. Ms Demetriou lay down and took off the bottom half of her clothing and her shoes. You removed your pants, underwear and shoes. She saw you throw the condom on the floor of the car.
8. You asked if you could go down on her and she said yes. She was lying down on the seat. You bent her legs over and went down on her. You gave her "one little lick", rubbed her vagina and said, "you're so wet". You then repositioned yourself and pushed your penis hard into her vagina. You pushed her legs over to up near her shoulders. Her arms were stuck in between her legs.
9. Ms Demetriou immediately told you to "stop" and that it hurt. You were not going in and out but pushing your penis in continuously. You continued forcing your penis in which caused her to say stop several times. She screamed out in pain and tried to push you away by pushing your chest, however, she could not move properly because of where her legs were positioned which prevented her arms from moving.
10. Ms Demetriou banged on your chest with her hands. You were saying "it's ok, baby" over and over. You continued forcing your penis inside her vagina.[6] She was sweating from trying to push you off. You whispered "I love you", Ms Demetriou did not respond.
11. You pulled away after a couple of minutes and said "suck me off". Ms Demetriou was in shock and "felt like a robot". She gave you oral sex in the back of the car. You ejaculated in her mouth.
12. You chucked her pants, underwear and shoes at her. Ms Demetriou got dressed. As you were going to the front seat, you picked up the condom and said, "Well, I guess we didn't need this", to which she replied "thankfully I'm on birth control". You queried why she needed to be on birth control if she was a virgin.[7] She explained that she was prescribed birth control to treat her acne.
13. You moved back to the front of the car. Ms Demetriou was still in shock and said "I can't believe I just had my first time in the back of the car". You replied, "what do you expect, a hotel room?".
14. Ms Demetriou moved into the front seat. You told her to lie down and put her head on your lap. You started rubbing her leg and her stomach and gave her stomach a little pinch saying "you need to train". She responded "I know".
15. You put your hand back into Ms Demetriou's underwear and started fingering her aggressively. You had two fingers quite deep inside her vagina and said "is that the spot?", she responded "no, it hurts". You pulled your fingers out and placed them in her mouth. She could taste blood. You then put your fingers in your mouth.
16. At 11.30 pm you told Ms Demetriou you should get going. You drove down to her home. She got out and said, "thanks for tonight". You said you would message her when you got home. She went inside. Her sister asked how the date went and Ms Demetriou said it was "ok".
17. Ms Demetriou had a shower. She threw her underwear, which were soaked in blood, into the bin.
18. Later that night Ms Demetriou sent you a text message stating "hey, don't know how to put this, but make sure there is no blood in back seat". You replied "Roger" and then followed up "Hey [Filippa]. It's all clear, and it was an awesome night, thank you for the moment. Talk to you soon. Night" and she replied "Good night".
19. For about four days Ms Demetriou had severe pain in her chest area from trying to push you away. Her legs, especially her inner thighs, and the entrance to and inside her vagina was also extremely painful.
20. You exchanged further texts on 28 March 2015 where Ms Demetriou told you she was "sore" and that you had given her a hickey. The two of you exchanged other pleasantries. She told you that she would be attending a sexual health clinic because "it hurts really bad", and that she would let you know of the results. You told Ms Demetriou to get checked and that it was "better to be safe than sorry". You further apologised for the hickey. Ms Demetriou later texted you joking "just HIV" before telling you it was "just bruising".[8]
21. On 27 April 2015, Ms Demetriou messaged you saying it was clear she wanted to be more than friends, but you did not want that. She said she needed to move on. Some limited exchange of text messages continued.[9]
22. In late June or early July 2015, Ms Demetriou told her friend, Ms Santoro,[10] about the offending. Ms Demetriou told her that you were really rough and hurt her. She also said she had told you to stop and was pushing you off, but you kept going.
23. Years later, you contacted Ms Demetriou via text. On 19 April 2021 you texted her asking to meet you for a chat. You sent her a birthday wish via text on 23 April 2021.
24. On 2 May 2021, you contacted Ms Demetriou via a friend's phone. The message reads:

[Filippa], I'm sending this through my friends phone. I completely understand why you blocked me. The reason for my previous message is that I needed to tell you I haven't really apologised for what I have done to you. I want to let you know that I am deeply sorry for my actions. Every day that has gone by I have been thinking about it. The guilt and shame that I have carried. Every day, every year I wanted to let you know that I am truly sorry. I can't fathom what you went through. I am sorry that it's taken me 6 years to do this and I wish I have done this sooner. To be completely honest it has haunted me. I kept telling myself that you've moved on & I should let it go, but for what it's worth I really needed to write this to you. I don't need anything from you, nor a reply but I needed to let you know that I am truly sorry. Just know that you'll always be important to me, that I'll always have respect for you. Always. Take care [Filippa]. Baker.

25. Ms Demetriou reported the matter to police and made a statement on 20 July 2021.
26. On 3 August 2021, she made a recorded pre-text call to you. During the call you stated you knew you had "fucked up" and that you wanted to let her know you were sorry. You stated you lied to her and forced yourself into her. You agreed that you heard her say stop and saw her banging on your chest. You told her you did not know why you did not stop. You said, "What I did to you was rape and - and I'm guilty of it, I'm ashamed of it and I take full responsibility".
27. On 31 January 2022, you were interviewed by the police. You chose to exercise your right to silence.

1. At the time of the offending subject to Indictment No. Q12531060, you were on bail in respect of the rape charge.
2. The rape indictment was set down for trial commencing 3 September 2024. The trial date was adjourned and a new date, 26 November 2024, was set.
3. A pre-trial hearing proceeded before me on 11 September 2024, challenging the admissibility of the pre-text call in which you had made damning admissions - including those outlined in paragraph [30] of these sentencing reasons. I handed down my ruling on 31 October 2024, ruling the pre-text admissible.[11]
4. Shortly before your trial was due to commence, you committed the further offending.
5. You were 29 years old at the time of this further offending. The victims of the intimidation offending were the two pivotal prosecution witnesses in the rape trial, the victim of the rape Ms Demetriou, and her friend, Ms Santoro, a first complaint witness. As a result of your further offending, the rape trial had to be adjourned.
6. On 14 November 2024 at 12.20 am, Ms Kazem,[12] Ms Demetriou's neighbour, was returning home when she saw two men wearing orange hi-vis work jackets and face masks, carrying large black jerry cans outside Ms Demetriou's house. As she drove towards them, they placed the jerry cans down near a bush and began walking before stopping and pointing at overhead power lines and engaging in a brief conversation.
7. Ms Kazem confronted the men and filmed the interaction from inside her car on her phone. The two men were approximately two metres away from her during this conversation. The males told her that they were from the electricity company Powercor and were doing works in the area. The two men then said they would get their work identification, however they left the location and walked away in separate directions on foot. One of the men walked away with the large black jerry cans. Ms Kazem contacted triple zero and reported her observations. You were one of the two men.[13]
8. On 15 November 2024, Ms Kazem went to Ms Demetriou's address and showed her the footage she took. Ms Demetriou immediately recognised one of the men as you.[14]
9. On 21 November 2024, at approximately 6:30 am Ms Demetriou reversed her car out of her driveway. She checked her letterbox and saw an envelope inside it. She saw that the envelope was addressed to her with her name and address handwritten in capital letters and with two stamps located in the top right corner.
10. Ms Demetriou opened the envelope and read the handwritten letter, written in red pen, which stated "We will always find you, we're watching you! Think about others". The envelope also contained two bullets, being .308 Winchester calibre, Federal Cartridge brand, cartridges. Each bullet was inscribed in black marker with a different letter corresponding to the first letter of Ms Demetriou and her partner's first names.[15]
11. Ms Demetriou immediately reported the incident to the police. Police obtained CCTV footage from Ms Kazem's address. It captured a man wearing a light green baseball cap, black headphones, a dark blue hooded jumper, beige tradie cargo shorts with black markings, and black shoes as well as carrying a red football. The man was observed attending Ms Demetriou's address at 7:52 pm on 20 November 2024 and placing an envelope inside her mailbox. At the plea hearing, you accepted that person was you.
12. On 21 November 2024, at approximately 5.30 pm, Ms Santoro's mother was at home where she lived with Ms Santoro. She saw an envelope in the letterbox which was addressed to her daughter. She took the envelope inside and left it on a table in the hallway.
13. Ms Santoro saw the envelope on the table which had "E. Santoro" and her address handwritten on the outside with two stamps on it. She opened the envelope and discovered three live rounds of ammunition being .308 Winchester calibre, Federal Cartridge brand, cartridges. Each bullet was inscribed with the first letter of the first name of the three occupants of the house, including Ms Santoro, her mother, and her sibling. The bullets were accompanied with a handwritten letter in red pen which read "We will always find you, we're always watching, think about your family".[16] Ms Santoro contacted the police.
14. On 22 November 2024, police executed search warrants at your two addresses. Your mobile phone and a CCTV hard drive were seized from one of your properties. Police seized, amongst other things, the following from the second property:

(a) two 20 litre black jerry cans believed to be the jerry cans captured on CCTV and mobile footage on 14 November 2024;

(b) a red Sherrin football and black JBL headphones each believed to be with you when you attended Ms Demetriou's home on 20 November 2024;

(c) Fire Rescue Victoria Uniforms with your name on them;

(d) a blue Aldi zip up cooler bag which contained: Jackeroo branded two tone orange and navy high visibility top, believed to have been worn by you on 14 November 2024;

(e) a white hard hat, believed to have been worn by you on 14 November 2024;

(f) a bag of white P2 masks, believed to be the same type as that worn by you on 14 November 2024;

(g) green and black gardening gloves, again believed to have been worn by you on 14 November 2024; and

(h) a doorbell camera located at the front of the property which captures the front door, parking area and driveway of the home.

1. A number of short video clips were downloaded from the doorbell camera between 13 and 22 November 2024. The clips included you placing the blue Aldi cooler bag in your vehicle on 13 of November 2024 and returning with the bag at 1:13 am on 14 November 2024.
2. On 22 November 2024, in the police interview, you again exercised your right to silence. You were remanded in custody where you have remained.[17]
3. Forensic examination confirmed the first black jerry can, which had a capacity of 20 litres, held approximately 20 litres of a clear liquid. The second black jerry can also had a capacity of 20 litres and had approximately 16 litres of a clear liquid. The liquids in the containers were analysed and confirmed to be petrol.
4. A number of items seized from your property, for example, the rear collar region of the Hi-Vis shirt, the torch, the mask, and an inhaler confirmed the presence of your DNA.[18]

1. I have had regard to the victim impact statements compiled by Ms Demetriou,[19] and Ms Santoro.[20] They make plain the devastating impact of your offending.
2. Ms Demetriou has battled with self-doubt, confidence and not trusting her own judgment. This has led her to isolate herself. She suffers from flashbacks, watching the rape unfold. She struggles to sleep and has recurring nightmares of you chasing her. She is left drained and her intimate and platonic relationships have been impacted. Hearing of a house fire leaves her feeling anxious and fearful. She has relocated for the safety of her partner, her pets and herself. She is fearful of leaving her house because of the potential of being harmed.
3. Ms Santoro has a deep sense of ongoing fear and anxiety, as well as feeling unsafe in her own home. She is concerned not only for her own safety, but that of her mother and her brother. She has struggled to put aside the fear, and it has affected her sleep, her ability to focus at work and her general wellbeing. Activities like collecting mail trigger anxiety and intrusive thoughts. She moved out of her mother's home, feeling guilty for putting her family at risk and feeling unsafe there. She has become more withdrawn from social gatherings.
4. It is not surprising that your offending has wreaked havoc in their lives.

1. I have taken into account your background and personal circumstances as set out Ms Fakhri's psychological report,[21] as well as helpfully outlined in Annexure A attached to the plea submissions.[22]
2. You are now 30 years of age. You were born in Iraq and are the youngest of eight children. Your father was a police officer and your mother was a homemaker.
3. Due to the dictatorial regime and civil unrest your family faced significant hardship and sought asylum in Syria. Your father arrived in Australia in 1997. In 1998, when you were three years old, the rest of your family joined your father in Australia and were granted refugee status.
4. As refugees, your family initially lived in commission housing. Between 1999 and 2002, your family moved some seven times before settling in Craigieburn. As your father was unable to speak English fluently, his employment prospects were limited and he worked as a farm picker.
5. You enjoyed a close relationship with your mother. Your father was a strict disciplinarian. You witnessed him physically punish your older brothers. You also experienced similar punishment. Despite this you regarded your father as a role model who made sacrifices for the family.
6. You attended four different primary schools due to your family's frequent relocations. You completed Year 12, successfully obtaining your VCE.[23]
7. Being the only Iraqi pupil at various schools, you experienced some bullying, which increased after the September 2001 terrorist attack in New York. You recall being verbally abused and witnessing people spitting at your mother and sisters who wore hijabs.
8. In Year 9 you took on leadership responsibilities as house captain and an anti-bullying advocate at school. You also participated in a school-based program with the Country Fire Authority ('CFA'). This sparked a desire in you to become a firefighter.
9. Most of your siblings pursued higher education. Your father expressed disappointment in your decision to become a firefighter rather than undertaking tertiary study. He became more accepting over time, although encouraged you to progress through the ranks of your profession. You have valued your father's approval.
10. In June 2009 you joined the Australian Air Force Cadets. You progressed through the ranks, ultimately achieving the highest position of Cadet Officer. This experience gave you leadership skills and opportunities to travel nationally and internationally. When you were in year 11, you completed an eight day survival leadership camp in Tasmania. In 2013 you attended an exchange program in Canada. You were chosen to meet the Victorian Governor and Victorian Premier at Government House in 2014, and twice in 2018. At your Year 12 graduation ceremony, you received an Australian Defence Force leadership award.[24]
11. In 2012 you began volunteering with the CFA. This involved you assisting with fundraisers such as the Good Friday Appeal. In February 2014 the CFA deployed you multiple times to assist with controlling bushfires in Mickleham and Kilmore. You also attended fatalities involving a car collision and someone being struck by a train. In February 2016, the CFA deployed you to Tasmania to combat bushfires.
12. In 2017 the CFA selected you to appear on two television advertising campaigns promoting fire safety and driving safely when near emergency vehicles.
13. Up until your remand, you attended 875 emergency call outs with the CFA.
14. Between 2015 and 2023 you volunteered with an organisation called Bint Alhuda Iraqi Women Association. This organisation offered aid to Iraqi women who escaped war to live in Australia. You educated women and their children about Australian culture and fire safety.
15. In 2018 you became a regional advisor for the Victorian Multicultural Commission supporting migrants in Victoria. In 2024, you volunteered with guide dogs Victoria and fostered a guide dog for six months.
16. By the end of Year 9 you began working part-time as a waiter at a reception centre on the weekends, assisting the family finances. You then began working at a local leisure centre from 2013 until 2021. You worked there as a gym instructor and a lifeguard. You were promoted to a duty manager in 2015.
17. After applying unsuccessfully to join Fire Rescue Victoria, you secured an offer to become a firefighter with the Aviation Rescue Firefighting Service, completing the recruitment course in April 2018. You left home for the first time and were stationed at MacKay Airport Fire Station in Northern Queensland. After 11 months in MacKay you returned home, transferring to Melbourne Airport Fire Station. At the same time you continued volunteering with the CFA. In January 2020 you assisted with bushfires in New South Wales and the Australian Capital Territory.
18. You attended 91 emergency calls with the Aviation Rescue Firefighting Service.
19. In 2021 you successfully applied for a role with Fire Rescue Victoria. You were the first Muslim Iraqi to join Fire Rescue Victoria. You were stationed at the East Melbourne fire station and then moved to South Melbourne. These were particularly busy fire stations, and you responded to approximately 10 emergency calls per day. Throughout your time at Fire Rescue Victoria, you attended between 1,280 and 1,390 emergency call outs.
20. In addition to your employment you continued volunteering and assisting with fundraisers, including presenting fire safety talks at schools and community groups. You mentored children at schools, inspiring them to become firefighters.
21. In May 2023 you became a multicultural liaison officer based at Richmond and East Melbourne fire station, organising community events and supporting migrant communities and children.
22. You have received a number of awards in respect of your volunteering and employment positions.[25] This has included a Certificate of Merit Award from your secondary college in recognition of your positive contribution to the college community in 2011, a Long Tan Leadership and Teamwork Award from the Australian Defence Force in 2012, CFA Community Engagement Award 2014 and a 10-year service medal from CFA recognising your volunteering in 2023.
23. Your father suffered a stroke in September 2023, spending three months in hospital. He has been left paralysed on his right side and requires full-time assistance. Prior to your remand you were responsible for his care. I have had regard to Dr Bahnasawi's letters setting out your parents' health issues.[26] Your parents live alone. While your mother is currently assisting your father, she has her own limitations. They require ongoing support.
24. During your plea hearing your sister, Ibtissam Dawas, gave evidence. She is a single mother of three children. She confirmed that your father, who is around 72 years old, suffered a stroke in September 2023. He is unable to move unaided. His speech and vision, as well as his cognitive functioning, is affected. He requires full-time care. She confirmed that you were responsible most of the time for providing that care prior to your remand. Other family members, particularly the male siblings, assist but they have their own careers. She stated that your mother has her own ailments including anxiety and depression. She does not speak English and does not drive.
25. In addition, your sister confirmed that you are a good uncle to your 19 nieces and 11 nephews and play a vital role within the extended family unit. You have played a father figure role to her 15 year old son. She stated that you are sad, ashamed and deeply sorry for your offending.
26. You have had a number of relationships. The most recent lasted three years. You told your partner that you understood if she wished to end the relationship because of the uncertainty of the length of your sentence. The relationship ended in June 2025.
27. You maintain a close relationship with your family members and enjoy a close circle of friends who remain supportive.

1. As I have already stated, the offence of rape carries a maximum penalty of 25 years' imprisonment. The offence of intimidation carries a maximum penalty of 10 years' imprisonment.
2. It is clear that both offences are viewed very seriously by the legislature.
3. Ms Franjic submitted that in respect of the rape, a number of aggravating features are absent, such as pre-mediation, additional violence, and the offending not being committed in company.[27]
4. While certain aggravating factors may be missing, I am required to concentrate on those factors that are present and inform the seriousness of the rape.
5. The victim was young, only 17 years old. Once you penetrated her, she immediately told you to stop. She was in pain and screamed out, telling you to stop several times. She was pushing and banging on your chest in an attempt to stop you. You ignored her protests and continued to force your penis inside her, saying "it's okay, baby" again and again. You continued to penetrate her before pulling away after a couple of minutes. The offending has had a significant impact upon your victim.
6. Despite being asked to wear a condom, you did not do so. As conceded by your counsel this is also an aggravating feature of your offending. It increased the risk of pregnancy and the transmission of sexual diseases.
7. I accept that at the time of the rape you were a youthful offender aged 19 and without prior convictions.
8. Had you not committed the further offending some nine years later, in light of your youth and lack of priors, I would have given your rehabilitation, in the face of delay, much greater emphasis. The more recent grave offending does not mean rehabilitation is no longer important, it is, but emphasis on general deterrence, denunciation and just punishment are more significant factors. In my view the recent offending most certainly brings into the equation community protection and specific deterrence. In short, all sentencing purposes have a role to play in this sentencing exercise.
9. Dealing with Indictment No. Q12531060, I regard the offending subject of Charges 1 and 2 as grave examples of the offence. Charge 1 relates to the victim of the rape offence. It is a rolled up charge which involves two attendances at the victim's home, one week apart on 14 and 21 November 2024. The first attendance was in the company of another unidentified person. It was at night and in circumstances where efforts were made to disguise yourselves as tradies. You were wearing hi viz work jackets and face masks. You were carrying jerry cans containing petrol.
10. In respect of the offending on 14 November 2024, it is unclear what you were going to do with the jerry cans containing petrol. Your instructions have been limited. I will sentence you on the most favourable basis that you intended Ms Demetriou to sight you with the jerry cans.
11. Despite your plan being frustrated and you retreating as a result of Ms Kazem's intervention, it did not stop you from attending the victim's home on a second occasion.
12. The second attendance on or about 21 November 2024 involved you delivering an envelope which contained two live large calibre bullets, each respectively inscribed with the first letter of the victim and her partner's first name. This was accompanied by a note written in red that said "we will always find you, we're always watching, think about your family".
13. Further in respect of Charge 2, on or about 21 November 2024, you also delivered a similar envelope containing three live large calibre bullets inscribed with the first letter of Ms Santoro's name and two other family members who lived at the same address. The envelope contained a handwritten note which also read "we will always find you, were always watching, think about your family".
14. Of course at the time of this offending you were aware that Ms Demetriou was the victim in respect of the rape allegation and an integral prosecution witness. You were also aware that Ms Santoro was an important prosecution witness who was giving evidence of first complaint. The rape trial, for which you were on bail, was due to commence on 26 November 2024. The two attendances at Ms Demetriou's home and the attendance at the home of Ms Santoro were plainly designed to intimidate them so that they would not give evidence against you and thereby frustrate the course of justice. As a result of this offending, the rape trial had to be adjourned.
15. The offending subject of Charges 1 and 2 was carefully planned. It involved you not only discovering where your victims resided, but also who else lived with them and their names. The jerry cans, and then the bullets targeting a number of individuals along with a threatening note, would have been utterly terrifying. Indeed, it is clear from the victim impact statements that your offending has caused ongoing fear and anxiety.
16. In DPP v Lyons the Court stated:[28]

...this conduct undermines and frustrates the proper administration of justice. There must be meaningful consequences to deter you and others from such conduct.

17. The fact that this offending occurred on bail, brings into play section 16(3C) of the Sentencing Act 1991, which outlines the presumption of cumulation where an offender commits further offences whilst on bail. I accept that totality remains important.

1. Turning to your counsel's submissions, I have had regard to Ms Franjic and Ms Marc's written submissions, dated 11 December 2025,[29] as well as their oral submissions. Your counsel also relied upon the following documents:

(a) your personal chronology;[30]

(b) psychological report from Ms Rebecca Fakhri dated 17 September 2025;[31]

(c) clinical notes of Melissa Markopoulos, AccessPsych, various dates;[32]

(d) CFA call out log dated 23 September 2025 tabling all of the jobs you attended;[33]

(e) Airport Fire Services call out log tabling all the jobs you attended;[34]

(f) letter from Dr Zaher Bahnasawi of Cuthbert Medical Centre dated 20 September 2025 regarding your parents' medical status;[35]

(g) bundle of 23 character references;[36]

(h) two separate tables of comparative cases relating to the charge of rape contrary to s 38(2)(b) of the Crimes Act 1958 and the charge of intimidation or reprisals relating to involvement in a criminal investigation or proceeding contrary to s 257 of the Crimes Act 1958;[37] and

(i) letter of remorse from you to the Court dated 13 December 2025.[38]

1. Ms Franjic sensibly conceded that the offending is serious and a term of imprisonment involving a non-parole period is inevitable. It is accepted, again quite rightly, that in relation to all offences, general deterrence, denunciation and just punishment are prominent sentencing considerations. It was submitted that specific deterrence and community protection, while relevant are not significant considerations.
2. The Court was invited to impose a sentence that also aims to maximise your rehabilitation.
3. In mitigation, your counsel relied upon the following matters:

(a) pleas of guilty;

(b) a degree of remorse;

(c) delay;

(d) good character;

(e) burden of imprisonment;

(f) extra curial punishment; and

(g) good prospects of rehabilitation.

1. You committed the offence of rape in March 2015. As set out in paragraph [28] of these reasons, you contacted Ms Demetriou on 2 May 2021 via text message expressing your apology for the manner in which you treated her on the night in question, some six years earlier. The expression of regret and shame for your offending continued in the pre-text call on 3 August 2021. I accept that at that stage you were expressing genuine remorse. It was you who initiated contact with Ms Demetriou in order to apologise for your behaviour, which you told her had continued to haunt you.
2. However, your remorse did not continue in the same vein once the police were involved. You chose to exercise your right to silence in the police interview and you chose to contest the rape allegation. Ms Demetriou and Ms Santoro were cross-examined at a contested committal on 1 November 2023. In this Court, the matter was listed for a trial commencing 3 September 2024. On your behalf exclusion of the pre-text call was sought. The matter then proceeded to a pre-trial hearing and a new trial date, 26 November 2024, was set.
3. Not only was the matter contested, but in order to frustrate the rape trial, you committed the further offending in November 2024, which led to your remand in custody.
4. Accordingly, the remorse you displayed prior to your arrest was significantly diluted by your decision to contest the matter and by your attempt to frustrate the course of justice by committing the further offending. Of course, you were entitled to challenge the allegation, and a lack of an early guilty plea to the rape or absence of remorse following your arrest, does not aggravate the rape. It does however deprive you of the mitigation that would be afforded by a finding of profound and ongoing remorse.
5. The plea of guilty to rape is late in the day, but still entitles you to some utilitarian benefit. The victim and other witnesses, including Ms Santoro, have been spared further cross-examination at trial. You have now accepted your wrongdoing.
6. In respect of the recent offending, I accept that you have pleaded guilty at an early stage and you are entitled to the associated utilitarian benefit. I am prepared to accept that there is a degree of remorse for all the offending at this stage. In accepting there is some remorse now, I take account of your comments to Ms Fakhri, your letter of apology, and the expressions of regret made by you to the authors of your numerous character references. In respect of the offending on 14 November 2024, the submissions of your counsel were limited and have not sought to explain what you intended to do with the jerry cans containing petrol. As I indicated, I am sentencing you on the most favourable basis, however, frankness is lacking which limits the degree of remorse that can be found.

1. Ms Franjic submitted that whilst the more recent offending diminishes the weight to be attached to the delay in respect of the rape matter, it nevertheless has some relevance. At the time of the rape in March 2015, you were 19 years old and without any prior offending. Until November 2024, you lived a law abiding life, involving paid employment and valuable community contributions. You have not committed any further sexual offences. Whilst delay does not reduce the seriousness of the offending in March 2015, I accept that fairness requires that I give some weight to the positive progress you made over many years, from an immature 19 years old to a responsible and hardworking adult. Absent the recent offending, delay would have been a far more compelling submission.

1. It is regrettable that someone of your background, who despite early adversity successfully settled in Australia, excelled in work, and contributed to the community through significant voluntary work, finds himself before the Court on what are serious charges.
2. You have no prior convictions or findings of guilt. Prior to the offending in 2015, you had led a productive and law-abiding life. You continued to do so subsequent to that offending until November 2024.
3. I have had regard to the many character references tendered on your behalf. Your referees, comprising members of your family, friends and colleagues, speak highly of you. They note that you are kind, compassionate, reliable and community focussed. They highlight your contributions to your family and voluntary work.

1. This is your first time in custody.
2. Ms Fakhri opines that you meet the criteria for Post Traumatic Stress Disorder ('PTSD').[39] You reported flashbacks and nightmares related to trauma experienced as a firefighter, particularly involving deaths of young people.
3. I accept that limb 5 of Verdins is enlivened to some extent.[40] You told Ms Fakhri you have experienced in prison heightened anxiety, paranoia and hypervigilance.[41] In her report, Ms Fakhri opines:[42]

...Imprisonment would likely weigh more heavily on Mr Dawas than someone without his conditions (PTSD). His conditions make him particularly more prone to emotional dysregulation which can result in disproportionate, impulsive, reactive behaviours which are heightened under stress and within the volatile prison environment.

4. Further, I accept that you will experience personal anguish at being unable to care for your parents, particularly your father. They were dependent on you and their health has deteriorated further since your remand.
5. I accept that these three matters, particularly in combination, will elevate the burden of your imprisonment.[43]

1. You had achieved your ambition of becoming a firefighter. You were the first Iraqi Muslim to be employed by Fire Rescue Victoria as a firefighter. You enjoyed being a role model and mentoring school children. After being charged with rape in 2023, and losing your working with children check, you were demoted to office duties. Following media reporting of your bail application in April 2025, your employment was fully terminated in May 2025. The offending has meant that the career you aspired for and achieved has ended for you at the age of 30. You are the sole architect of your predicament. There is an element of your offending that involved you taking jerry cans containing petrol to Ms Demetriou's home. While I am not suggesting you were going to use the petrol to ignite a fire, as a firefighter, you should have known the fear that would be engendered in someone observing jerry cans in the circumstances. As Ms Demetriou states in her victim impact statement, following your offending reading about a house fire caused her to be consumed with anxiety and fear.
2. Nevertheless, I accept that the loss of a career that you cherished is an additional punishment to that the Court will impose.

1. Ms Fakhri has assessed you as presenting a low risk of future sexual offending.[44] You have maintained stable and pro-social employment and have made valuable contributions to the community. You maintain a strong family network and other social support. There are no issues with illicit substances or alcohol. In terms of your mental health you are willing to engage with psychological support.
2. While you have found imprisonment hard, you have taken on employment roles. You have worked in the canteen assisting with the preparation and distribution of food. You have cared for a fellow prisoner who does not speak English, assisting him with translation and arranging bookings. You have been reviewed on a monthly basis by a prison psychiatric nurse. You have expressed optimism about your future and are determined not to return to custody.
3. I am prepared to accept that you have decent prospects of rehabilitation.
4. I have considered the sentencing decisions I was referred to. I have also considered, as I am required to, the sentencing practices for the offence of rape in 2015.[45] Each case ultimately turns on its own facts, and current sentencing practices are just one of the factors to be taken into account.[46]
5. I have also had regard to the principles of totality and proportionality.

1. Prosecution counsel, Ms Borg, submitted that a term of imprisonment with a non-parole period was necessary to do justice to all sentencing factors. In respect of the rape, while acknowledging the absence of certain aggravating factors, she emphasised the fact that the victim was only 17 years old. Despite telling you to stop and that she was in pain, you continued to push your penis inside her. She accepted that you were only 19 years old, a young offender without prior matters.
2. Ms Borg submitted that the intimidation offending was a more serious example of the offence than those contained in the sentencing decisions referred to by the defence. She outlined some of the matters going to the seriousness as I have already set out.
3. Ms Borg submitted that community protection had work to do. The further offending targeted the victim and a second prosecution witness, with the threats made to each of them also incorporating threats to their respective families.
4. Prosecution counsel submitted that a number of mitigatory factors were diluted by the second set of offending. While accepting there may have been remorse at the time of the pre-text call, Ms Borg submitted the fact that the matter was contested, listed for trial, then frustrated as a result of the intimidation offending suggested any remorse is limited. It was accepted that the pleas of guilty attracted utilitarian benefit, a trial was avoided and neither Ms Demetriou nor Ms Santoro were required to give evidence again before a jury.
5. Ms Borg accepted that in respect of the rape, delay between the offending and charge in 2023, limb five of Verdins, and extra curial punishment each warranted some mitigatory benefit.
6. I was also referred to Sentencing Snapshots for the offence of rape dated May 2019. The utility of these snapshots is of course limited.

1. Having taken into consideration all relevant matters and circumstances,[47] I sentence you, Mr Dawas, as follows.

1. On Indictment No. P10943473, on Charge 1, rape, you are convicted and sentenced to two years and three months' imprisonment.

(a) On Charge 1, you are convicted and sentenced to two years and eight months' imprisonment.

(b) On Charge 2, you are convicted and sentenced to two years and four months' imprisonment.

1. The sentence on Charge 1 will be the base sentence. Twelve months of the sentence on Charge 2 will run cumulatively upon the base sentence on Charge 1.
2. Therefore, the total effective sentence on Indictment No.Q12531060 is three years and eight months.
3. Twelve months of the sentence on Indictment No. P10943473 will be served cumulatively upon the sentence on Indictment No. Q12531060.
4. This makes an overall total effective sentence of four years and eight months' imprisonment.
5. I set a non-parole period of three years.

1. Pursuant to s 18 of the Sentencing Act 1991, the period of 483 days is declared as having already been served.

Section 6AAA declaration

1. Pursuant to s 6AAA of the Sentencing Act, I indicate that had you pleaded not guilty and been found guilty, I would have sentenced you to a term of six years and eight months' imprisonment with a non-parole period of four years and nine months.

1. Pursuant to the relevant provisions of the Sex Offenders Registration Act 2004, registration is mandatory and the reporting period is 15 years.[48] Upon your release from custody, you must report your personal details to Victoria Police and continue to comply with the reporting obligations. You will be provided with a document setting out your reporting obligations and the consequences of any breach. You will be asked you to sign a form acknowledging receipt of your reporting obligations and the consequences of any breach. It is an offence punishable by a term of imprisonment to fail, without reasonable excuse, to comply with your reporting obligations.
2. HIS HONOUR: Ms Struthers, anything to raise?
3. MS STRUTHERS: Nothing further your Honour.
4. HIS HONOUR: Ms Franjic?
5. MS FRANJIC: Nothing your Honour.

[1] Crimes Act 1958 s 38(2)(b).

[2] Crimes Act 1958 s 257.

[7] In an earlier exchange you had both indicated you were virgins.

[8] Ms Demetriou attended a medical clinic on 30 March 2015. She had suffered bruising and swelling to the hymen. No treatment was required. She was clear of any sexually transmitted diseases.

[9] A few text messages were exchanged in April 2016. You sent a birthday message in April 2017, but Ms Demetriou did not reply.

[13] The second person remains unidentified.

[15] Charge 1 - intimidation - continued (see Exhibit F).

[16] Charge 2 - intimidation (see exhibit F).

[17] Unsuccessful bail applications were made.

[19] Exhibit D, declared on 14 October 2025.

[20] Exhibit E, declared on 13 October 2025.

[23] Victorian Certificate of Education ('VCE').

[24] I note the other honours listed in Exhibit 2, [19].

[28] DPP v Lyons [2019] VSC 602 at [43] (Lasry J).

[39] As well as depressive and anxiety symptoms.

[40] Verdins v The Queen (2007) 16 VR 269 ('Verdins').

[46] Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41; (2017) 262 CLR 428.

[47] Including the sentencing cases - Exhibit 9.

[48] The victim was 17 years old and rape is a category 1 offence.