DPP v Kazimi [2025] VCC 1418

1. On 13 February 2024, the Dandenong Magistrates' Court made an interim FVIO against you for the protection of the victim as well as your children (FVIO-1). On the same day, the Dandenong Magistrates' Court made a further interim FVIO for the protection of a fifth child of yours who is over 18, Justin[2] (FVIO-2). Both orders included a non contact condition.

1. On 29 January 2024, the victim made a complaint to Police that she had been the victim of violent offending by you. The complaint was made by way of a Digitally Recorded Evidence in Chief (DREC). A second DREC was made on 31 January 2024.
2. As a result of the victim's complaint, Police commenced an investigation into you.

1. A review of the contents of a phone utilised by you revealed the following:

(a) emails from the Dandenong Magistrates' Court from 13 February 2024 serving FVIO-1 and FVIO-2 could be observed on the device;

(b) the phone had been used to make six calls to Justin's phone on 14 February 2024;

(c) the phone was used to make a further eight calls to Justin's phone on 16 February 2024; and

(d) text, audio and video messages sent on Facebook between you and various members of the victim's extended family from 13 February 2024.

1. The Facebook messages (text, audio, and video) were subsequently reviewed by SC Humayun Wafajo.
2. The contact between you and the victim's family as captured in records recovered from Justin's phone is relied upon as contextually relevant to Charges 2, 3, and 5. In particular, they are relied upon to demonstrate:

(a) your attitude towards the victim, her family, and her complaint;

(b) a willingness to attempt to influence the victim through family members;

(c) the use of violent and threatening language; and

(d) a pressure campaign against the victim related to her complaint and her engagement with the Police.

1. On 17 February 2024, you were interviewed at Melbourne West Police Station by SC Price and SC Bierwirth. In the course of the interview, you acknowledged ownership of the identified phones and accepted that all phones found in your possession were yours.
2. Following your interview, you were charged with offences against the victim and other members of your family and were remanded in custody.
3. On 29 February 2024, the victim made a statement of no complaint to Police, withdrawing what she had said in her DRECs of 29 and 31 January 2024. Following receipt of that statement, on 5 March 2024, SC Price made enquiries with Corrections Victoria in relation to your use of the prison phone system.
4. SC Price was provided with an incident report indicating that you had caused Justin's number to be entered on the call lists of other prisoners to enable you to contact Justin without your breach of FVIO-2 being detected.
5. SC Price subsequently sought and obtained recordings of phone calls made by you using the prison telephone system at Port Phillip Prison, Melbourne Assessment Prison, and Marngoneet Correctional Centre.
6. The calls were subsequently provided to SC Wafajo and Liaqat Amini, a NAATI-certified Hazaragi/Dari translator for translation.
7. Review of all call activity indicates that you contacted Justin five times on 24 February 2024 and once on 25 February 2025. Additionally, on 22 February 2024 you called your sister Fatima and Justin was added to that call.
8. By the operation of FVIO-2, you were prohibited from speaking to Justin or communicating with him by any means. However, you proceeded to do so on:

(a) 14 February 2024, and 16 February 2024 using GK-M3

(b) 22 February 2024, by virtue of Justin being added to a prison telephone call between you and your sister;

(c) 24 February 2024, through the use of the prison telephone system; and

(d) 25 February 2024, through the use of the prison telephone system.

1. These prison phone calls form the basis of Charge 1, persistent contravention of FVIO.
2. In the call to Justin on 24 February 2024, the following exchange occurred:

You: Yes, get the house out from market and remove the boards.

You: Tell the person to get the house out of market. And tell your mother too, if she wants to put the house in her name, she can do so. Tell her I have no issue. But make your mother understand that I haven't done any kidnapping nor made any threats. Go there and get your statement back; change your statement, ok?

You: Tell [your sister] not to give statement; and I have told her that [she] is the witness. She is lying, I haven't kidnapped or threatened her. What are these things that you have said? Make your mother understand these, ok?

You: You go, I only can talk for three minutes. I have an important thing to talk about with him, ok?

1. It is alleged that the person to whom you refer to as having lied is the victim.
2. On 25 February 2024 at 12:50pm, you again spoke to Justin using the prison telephone system. At the end of that conversation, you stated:

I can only talk 20 more seconds; these were the important issues. And more on, tomorrow ask your mother to change her statement, tell her you don't understand; whatever you have said, can take my father for five years into prison, tell her to take her words back. And make sure she has taken back her words back, ok?

(a) attempted to have intermediaries pressure the victim to withdraw her complaint and statements against you;

(b) conveyed specific instructions about how the victim should change her account;

(c) used the telephone privileges of other prisoners to evade detection of your actions and your breaches of the FVPO; and

(d) offered incentives in the form of transferring the Cranbourne North House to the victim if she complied with your wishes (Charge 2 - Attempt to pervert the course of justice).

1. The prosecution opening details a number of telephone calls you made to the complainants, summarising the content of those calls.
2. The Prosecution relies on the content of recorded phone calls across 27-28 February 2024 to demonstrate that on those dates, you - whether through intermediaries or via direct contact with the victim herself - attempted to pressure Ms Mustafa to change or withdraw the statements she had previously made to Police. You showed an awareness of the intervention orders against you and a willingness to circumvent those orders in order to apply pressure to the victim. You also variously offered, or attempted to offer, financial inducements to the victim to change her evidence. At other times, you made threats to deprive her of property if she failed to comply with your wishes (Charge 3 - Attempt to pervert the course of justice).
3. On 22 July 2024, you came before the Melbourne Magistrates' Court for committal. The victim was called as a Prosecution witness for cross-examination. In the course of the committal proceeding, the victim refused to adopt her previous statements. On that day, Ms Mustafa's statements were removed from the brief.
4. Enquiries made by Police revealed the existence of five calls made by you on 22 July 2024 using the prison telephone system at Ravenhall Correctional Centre. Recordings of those calls were obtained and translated, first by SC Wafajo and later by Liaqat Amini. These calls form the basis for Charges 4 and 5 on the indictment. The content of those calls is summarised in the prosecution opening.
5. As at 22 July 2024, FVIO-1 remained in operation. You were thus barred from contacting or communicating with the victim via any means, and from having another person do something that you yourself could not do under the order. Nevertheless, on the five occasions referred to above, you instructed Ms Razi and/or Mr Rezaie to contact the victim on your behalf (Charge 4 - Persistent contravention of FVIO).
6. The Prosecution also relies on the contents of the five calls made on 22 July 2024 as evidence of an effort by you to compel the victim to change her evidence in the committal proceeding against you. The Prosecution rely on the calls to demonstrate you were frustrated at the pace with which the victim was giving her committal evidence, and that you attempted to enlist Ms Razi and Mr Rezaie to contact her for the purposes of pressuring her to withdraw the central allegations against you while giving evidence (Charge 5 - Attempt to pervert the course of justice).
7. You were not interviewed in relation to the offending.

1. Attempt to pervert the course of justice is an inherently serious offence which is reflected in the maximum penalty of 25 years imprisonment. It is conduct that is designed to interfere with the administration of justice, which necessarily depends upon the system operating without impediment so that people who commit crimes are held to account.[3] Further while it captures a very wide range of conduct, any attempt to pervert the course of justice must be viewed seriously and denounced.[4]
2. In this instance your conduct consisted of attempting to have others pressure the complainant to withdraw her statements against you. On occasion you used the telephone privileges of other prisoners to evade detection and circumvent potential breaches of the intervention order. You also offered incentives to the complainant in the form of financial inducements or alternatively you made threats to deprive her of property if she failed to comply with your requests.
3. While in this case the offending in relation to the attempt to pervert the course of justice charges may be viewed as protracted, occurring in February and then again in July of 2024, in each case it did not involve threats of violence. However, I note in the recent authority of Qayyum v The King[5] the Court noted that the absence of threats of physical violence does not ameliorate the overall seriousness of the conduct.
4. In relation to Charge 1, 2 and 3 on the indictment you were at the time subject to the family violence intervention order as well as being on a community correction order in relation to persistent contravention of a family violence intervention order involving the same complainant, thereby elevating the seriousness of your conduct.

1. You were born in Afghanistan and were exposed to considerable trauma associated with the conflict in that region. You have two brothers, one aged 41 who resides in Sydney, and another aged 34, who lives in Melbourne.
2. Both of your parents are deceased. Your father passed away when you were three years old and your mother re-partnered with your stepfather who you had a difficult relationship with. Your mother died in 2014 at the age of 52.
3. You married your wife, the victim in this matter, in 2003 and together you share three sons and two daughters.
4. You completed your secondary education in Afghanistan and commenced work before leaving the country in 2008. You initially fled to Indonesia where you spent three months in a refugee camp and were exposed to significant violence and conflict. You then travelled by boat to Australia where you spent time in detention on Christmas Island.
5. You were granted a visa after a year in Australia where you then arranged for the migration of your wife, your partner of 21 years at the time, and your three young children from Afghanistan. In 2010 your family settled in Brisbane before relocating to Melbourne in 2018.
6. Since your arrival in Australia you have been employed in various capacities, including as a qualified mechanic and a licensed semi-trailer truck driver, demonstrating a consistent work ethic and a commitment to providing for your family. Upon your relocation to Melbourne you established your own business which specialises in the production and sale of second-hand engine parts for motor vehicles. This business became very successful, employing five full time staff and contributing to the financial stability and wellbeing of your family.
7. Your arrest and remand has had substantial financial ramifications for your business which has had to make all its employees redundant. Your family are now under significant financial pressure with money owed to labourers, a mortgage on the family home and a car subject to finance.
8. Your time on remand has been particularly onerous due to an accident that occurred whilst you were working with a circular drop saw in November 2024. Your injuries required surgical repair to multiple tendons and the insertion of a K-wire. You now no longer have the use of your dominant hand. You suffered post operative infections to your fifth finger which was unresponsive to antibiotics and in 27 November 2024 you underwent further surgery.
9. The loss of the use of your dominant hand whilst in custody renders you vulnerable in the custodial setting. Further, your post-operative care in the custodial environment has been sub optimal consisting of hand therapy appointments via telehealth as opposed to in person.
10. A number of character references were tendered on the plea which I have read and taken into account. Your son, Justin speaks to the adverse impacts that your arrest has had on him and your entire family. He has had to run your business in your absence has not been able to focus on his education or schooling due to the financial and emotional pressure. Your business partner Sharif Ahmadi further details the significant financial strain that your imprisonment has had on the business.
11. Laila Mustafa, the victim in this matter also provided a letter where she conveys her desire for you to return to the community, your family and your business. It is clear from the letter that you continue to enjoy the support of your family and that your absence has had a significant impact on your children.

1. Ms Marcs who appeared on your behalf submitted that while this matter was listed for trial to commence in the week following the sentence indication, it should be regarded as an early plea. That is so because the trial indictment was filed on 21 August 2025 representing a significant change from the original trial indictment. It was as a result of the new indictment and the amended trial opening, that you sought a sentencing indication. The prosecution also accepted that your plea of guilty should be considered to be an early plea in the circumstances. I also accept that there were triable issues in relation to the attempt to pervert charges. Your plea has therefore brought the matter to a conclusion saving the court considerable time and expense and has saved witnesses from having to given evidence.
2. I take into account that there has been some delay in this matter that is not attributable to you. That delay has to some extent been caused by the prosecution in relation to refining the case against you.
3. While on remand you suffered a serious injury to your hand in November 2024 while working on a circular drop saw, as detailed above. Your post operative care in custody has been sub optimal and you have not had available to you some of the recommended rehabilitative aids making your recovery more burdensome. I take this matter into account.
4. Turning to your prospects of rehabilitation, you come before the court with relevant prior criminal history. Between 2022 and 2024 you were found guilty of multiple offences against the Family Violence Protection Act 2008 and offences including threats to kill, assaults and breaches of bail conditions. Further, all charges on the indictment were committed while you were in custody. Thus, while you do have a strong employment history and family support, in my view your prospects of rehabilitation can only be assessed as guarded.
5. Deterrence, both general and specific are the prominent sentencing considerations. Denunciation of your conduct is also important. The Court of Appeal has observed that attempting to pervert the course of justice in a family violence context is serious and must be deterred. As noted in Baker (a pseudonym) v The Queen:[6]

An attempt by a perpetrator of family violence to prevent a victim from seeking the full protection of the law and their physical and emotional safety is a very serious matter which calls for general deterrence and denunciation. While warranting distinct punishment, however, care must be taken not to punish the offender again for the offending which it was sought to conceal.

1. Mr Kazimi would you please stand.
2. Gulistan Kazimi, on Charges 2, 3 and 5, attempting to pervert the course of justice, you are convicted and sentenced to 2 years imprisonment on each charge. On Charges 1 and 4, persistent contravention of a family violence intervention order, you are convicted and sentenced to 6 months imprisonment on each charge.
3. I direct that 2 months of the sentence imposed on Charges 3 and 5, and 1 month of the sentence imposed on Charges 1 and 4 be served cumulatively on each other and on Charge 2 making for a total effective sentence of 2 years and 6 months. I direct that you serve 20 months before becoming eligible for parole.
4. Pursuant to s 18 of the Sentencing Act 1991 ('Sentencing Act'), I declare that 580 days be reckoned as the period of imprisonment already served under the sentence I have imposed. That does not include today.
5. Pursuant to s 6AAA of the Sentencing Act, I indicate that had you not pleaded guilty, I would have sentenced you to a period of 3 years and 6 months imprisonment with a non parole period of 2 years and 3 months.

[3] DPP v Oksuz [2015] VSCA 316, [95].

[4] Shiryar v The Queen [2022] VSCA 96, [38].

[5] [2025] VSCA 14, [98].

[6] [2021] VSCA 158, [37].