Sentence: Total effective sentence: 14 months and an 18 month Community Correction Order; s 6AAA: 3 years with a non- parole period of 2 years
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In this matter the accused, Michael Hailu, pleaded guilty to criminal damage (Charge 1), making a threat to kill reckless as to whether or not the victim would fear that it would be carried out (Charge 2), threatening to destroy the victim's apartment (Charge 3), using a carriage service to harass the victim, Ms Wylie (Charge 4, Commonwealth offence), and possessing methamphetamine and cannabis, drugs of dependence, also a summary offence (Charge 9), possessing a controlled weapon without excuse.
The circumstances were, in short, that in relation to a woman, SW, with whom you had been in a relationship for about three months, on 21 September 2024, you attended SW's house, the relationship having ended, to collect some belongings. You dealt with SW's daughter who was present at the home, and not having been allowed in, you became aggressive and damaged the front door to the apartment by breaking the door handle (Charge 1, damaging property).
Following that, there was a further verbal altercation in which you said you would kill the victim
(Charge 2, threat to kill).
On 29 September 2024, you returned. Having been repeatedly told to leave throughout the day, at about 3 pm, you threatened to burn the house down, saying that they 'would all be fucked', namely SW, her daughter, and her granddaughter who was staying there. That would have been a horrifying experience for the granddaughter, if she heard any of it, not to understate the effects on the victim and her adult daughter.
Then on 3 October 2024, some days later in the afternoon and evening, you called the victim some 60 times using different phone numbers. The calls were answered twice, SW was able to identify your voice, and police attended.
You were arrested on 4 October 2024 by police in Footscray. They found a small amount of methamphetamine and cannabis on you (Charge 5).
They also found a hunting knife and a chef's knife in your possession (summary offence, possessing a controlled weapon/s).
You denied the offending when you were interviewed. Those were clearly lies and an attempt to mislead police. You said that you did not know who SW was, which is clearly not correct.
You have served just shy of a year in custody to date, some 355 days, as agreed, and I will take that into account.
The maximum penalties for your offences are 10 years each for Charges 1 and 2, five years for Charge 3 (threatening to damage the property), three years for harassing, and one year each for possessing the drugs in small quantities.
You have a criminal history and that history is serious. It commenced effectively in 2012, in relation to breaching intervention orders, you were convicted and fined. A few months later that same year you faced further, similar charges including stalking, for which you were convicted and fined.
In 2017, you were fined in relation to driving and other dishonesty offences related to driving. In 2019, you were charged for causing injury recklessly and were sentenced to imprisonment for a month.
In 2022, you were placed on a Community Correction Order for 18 months in relation to a range of offences including drug possession, assault, and breaching an intervention order. That CCO was breached. Later in 2022, in relation to that and other offences, you were imprisoned for 46 days and then released on a further CCO.
In July 2023, you were further dealt with for breaching that CCO for which you were imprisoned for six months, and on further offending including breach of an intervention order, harassing somebody by phone, assault and theft, and possessing a weapon, you were imprisoned for a year in relation to the further offending, with a non-parole period of nine months.
The offending in your history is clearly relevant and serious as demonstrated by the number of terms of imprisonment that you have served. This matter, of course, is subject to a guilty plea for which you are to get credit, particularly in circumstances where it avoids the need for SW, her daughter, or her granddaughter to give evidence. But it must be said your conduct on these days clearly warrants a term of imprisonment, and I will impose one.
By way of background, you are now 38 years old. Whilst you were born in a refugee camp in Sudan, you came to Australia in 2003 and have lived here since. You have had relationships, including one that produced a daughter, and you are unable to have contact with her. I do not make any findings against you about the reasons for that, but I note that by way of your history.
The relationship with SW, the victim in this case, as I said, was a short one and you took liberties in response to how you dealt with a dispute about your goods upon leaving. There is a current intervention order in relation to her and you must not have contact with her.
In your adult life you have worked in factories, although, that was affected by COVID. In prison, your willingness to work and contribute to the community around you is demonstrated by the fact that you have been a billet in your unit, which I accept is a position that demonstrates a degree of responsibility and trust in you.
From last year until early this year you participated in a number of courses and produced a number of certificates (Exhibit 1) in relation to drug use and positive parenting.
You have been a user of methamphetamine for some years now and you were using methamphetamine and cannabis at the time of your offending. You have not been diagnosed with any mental health conditions, albeit I accept that it is likely you have mental health issues.
In terms of your sentencing, your counsel, Ms Powell, submitted quite properly that you should get the benefit of your guilty plea in the circumstances I have set out. She submitted that it demonstrates a degree of remorse, and I am willing to accept that to a moderate degree. Your offending however, as she rightly points out, relating to family violence particularly in the setting of the victim's home where you had attended, must be met with round denunciation, just punishment, and a sentence that deters others from behaving in this way.
It was submitted that a combination sentence is open and having reflected upon it, given the amount of time that you have served in custody, I agree that it is.
To that end, I had you assessed for a community correction order and I have received that report from Community Corrections (Exhibit A). It finds you suitable for such an order with conditions including treatment and rehabilitation for drugs, mental health, and programs, as well as supervision. This will require you to attend on Corrections regularly, no doubt weekly, at least at first. I take the finding by Corrections that you are suitable for such an order to be a credit to you, demonstrating that even though you have not had success on past orders, given your time in custody and the attitude that you presented to them during your assessment, you are now found to be suitable.
Nevertheless, I note that on the testing they engaged in with you, you were found to be a high risk of further offending. That is not surprising given your history. Clearly, whether you engage with drug rehabilitation services in relation to your methamphetamine use is going to be key to your rehabilitation and your ability to avoid further offending.
A person placed on a CCO is subject to conditions, which if they breach by way of not attending appointments, and certainly by further offending, can result in a charge for the breach and being returned to court. That means if you breach the CCO you return to me. Whilst I am willing to see the benefits of a community correction order for people with drug use and other needs and am willing to give people a chance to work on those problems and demonstrate that progress in order to avoid further time in custody, I take a dim view of breaching Community Correction Orders.
So it should be very clear that the breach provisions for this CCO, in the context in which it falls, are serious. If you are to return to court on a breach of the CCO, Mr Hailu, prison - by way of further prison for you - is very much on the table. If you do not comply with the CCO you will be sentenced not only for breaching it, but I also have the power to return to all of these charges and resentence you on them.
In all the circumstances, I am satisfied that it is more appropriate that I impose a sentence by way of a combination to ensure that upon your release you are supervised and supported in dealing with your behaviour and drug use.
In the circumstances, I could not, in my view, impose a head sentence and a
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non-parole period without creating the very real risk that the end of the sentence would be too close for the Parole Board to consider an order for parole. Thus, running the risk that you would simply serve the entire sentence and be released without support or supervision or a capacity to bring you back to court if there are problems. Putting you in that situation would not only be undesirable but would be risky to the community.
29. For all of the reasons, having considered everything that was said during the plea, I have determined that you are to be sentenced as follows:
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On Charge 1, for damaging the door, imprisonment for four months.
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Charge 2, threaten to kill, you are to be imprisoned for 12 months.
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Charge 3, threatening to damage the property, you are to be imprisoned for five months.
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On the Commonwealth charge of using a telecommunication device to harass, you are to be sentenced to two months.
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On Charge 5, possessing methamphetamine and cannabis, you are to be sentenced to one month.
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On the summary charge of possessing knives, you are also to be sentenced to one month.
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The Commonwealth sentence on Charge 4 of two months is to commence today. One month of the sentence on Charge 1 is to be served cumulatively upon Charge 2. One month of the sentence on Charge 3 is to be served cumulatively upon the sentences for Charges 1 and 2.
That makes a total effective sentence of 14 months and upon your release you are to serve a community correction order for 18 months.
The conditions of that order are to include supervision; assessment and treatment for drug use problems, for your mental health and for programs. The CCO is with conviction.
I make all Disposal Orders as sought, noting that they are not opposed.