DPP v Keryakus [2025] VCC 671

co-offenders ran from the house yelling that he was a 'pedo'. Police arrived a short time later. 6. At approximately 9:30 pm on the same night, you used the Grindr app under the name 'Anonymous'. The second victim began a conversation with you. After 30 minutes of messaging, you arranged to meet him at a field in Craigieburn. 7. The victim arrived at about 10:00 pm and was confronted by you, asking why he was messaging your little brother and you then demanded his mobile phone. The victim tried to leave as you said, 'don't even think about running away' and grabbed his arm. Five males then approached him and as he tried to run away again you grabbed his sleeve. The victim was then punched, hit, kicked and struck with a cricket bat on the ribs, legs and backside by the group of males and you videoed their attack. Some passers-by intervened and you told them that the victim was talking to your little brother. You and your co-offenders then walked away. 8. The victim went home, called Triple 0 and attended the Craigieburn police station at 11:00 pm. Photos were taken of his injuries which showed bruising and swelling to the left side of his face, marks on his ribs and he reported throbbing pain. 9. Your Snapchat account was identified and the phone number used was registered to your address. On 26 August 2024 police attended your home, and your mobile phone was seized. Upon police analysis they found that your phone had screenshots of messages between you and other males on dating apps, as well as the video recording that you made of the second incident where the males assaulted the victim. 10. You were arrested and taken to the Broadmeadows police station for interview. You told police that you are not gay and admitted that you pretended to be 15 years old when you had contact with the first victim. You went to his house to speak to him and forced your way inside when he tried to close the door. You admitted that you pushed the victim onto a bed. You initially denied the presence of other people at the home. You also denied the second victim's assault. 11. During a break you were placed in the cells with a police covert operative. You told him that you were inspired by TikTok videos to create profiles on gay dating apps and pretend to be a 15-year-old boy in order to draw out paedophiles. You would then arrange to meet these men and assault them. 12. When the interview resumed you were shown some content from your mobile phone. You then admitted that you attended the first victim's house with your 'cousins'. You said that you did not disclose their presence and would not tell their names as you did not want to get them involved. There is no dispute that you made admissions to the first incident in the interview. You also admitted that you met the second victim in the park with your 'cousins' and that you yelled at him. You told police that you got the idea from TikTok and did it because 'they're just paedophiles'. 13. Your plea of guilty demonstrates an acceptance of responsibility for your offending. In particular, the offence of aggravated burglary is very serious. You admit that when you entered the first victim's home, you intended to commit assault, which you carried out. The prosecution agrees that the fact that you were in company does not elevate the gravity of your offending of Charge 1, given that you did not know that the other males would enter. Fortunately, your presence inside the property was extremely brief, being about one minute. There is no dispute, however, that it was a terrifying experience for the victim, and you have pleaded guilty to a confrontational aggravated burglary. You also admit that by arrangement you met the second victim in the park and that you and your companions recklessly caused injury to him. The second incident is aggravated by the use of a weapon. This incident was also very brief, lasting no more than a couple of minutes. You admit that this, too, was extremely frightening for the victim and that your offending was calculated. 14. I accept that there is evidence of remorse by your guilty plea. I note, however, that you did not assist the police by disclosing the identity of the co-offenders, your 'cousins'. This is not an aggravating feature of your offending, but it does indicate an absence of a mitigating factor. 15. I am told that your actions were inspired by a TikTok and YouTube personality known as 'Vitaly' who is known for streaming online pranks and vigilantism. You adopted this information in relation to your offending misconduct. It appears that you thought you were superior to the victims that you dealt with and that at the time of your misconduct you tried to take the law into your own hands to dispense justice in this inappropriate fashion. You admit that your overall misconduct was motivated by confrontational bullying, harassment and vigilante justice. You admit that your offending was entirely inappropriate. 16. Victim impact statements have been provided by both victims. The first victim describes the stressful impact of your offence. He writes that after being punched in the face and pushed into the bedroom door he suffered bleeding and bruising. He no longer trusts people and is now always looking over his shoulder, especially when he comes home. He suffers anxiety, especially at night. His life has changed and he has ultimately outlined the negative impact that your conduct has had on his sense of security and wellbeing. It is clear he is unable to erase this incident from his memory. 17. The second victim also outlines the burden that you imposed and that being a victim has changed him and not for the better. He writes that he is constantly haunted by fear that his safety could be taken from him again and it is impossible for him to enjoy his life the way he previously did. He finds it terrifying to know that there are people who justify terrorising and tormenting him. He writes that the physical impact of your crime has been difficult to manage, although fortunately there is no lasting damage. Your conduct has also caused detriment to his emotional wellbeing. He felt battered, bloodied and bruised, but it was the shame and humiliation that hurt him far more. He felt that his life was in genuine jeopardy at the time and the overall effect of your conduct has been significantly traumatic. 18. It was conceded by your counsel that these incidents would have been a confrontational ordeal for both victims. They clearly articulate the ongoing trauma, insecurity and distress that has resulted, and I take the content of the victim impact statements into account. 19. You were charged on 26 August 2024 and remanded in custody overnight, being granted bail the following day. Your pleas of guilty were entered at the second committal mention on 17 December 2024. The parties agree that your plea was entered at an early opportunity and has a significant benefit. You have saved the court and the community the time and expense of running a trial and spared the victims the ordeal of giving evidence. In those circumstances you have facilitated the efficient administration of justice and are entitled to a benefit for that. 20. Your plea of guilty also demonstrates an acceptance of responsibility for your offending. The prosecution agrees with your counsel that you have shown genuine remorse for your misconduct. I am prepared to moderate your sentence to reflect this. You admit that you were spending time with the wrong people and that you have had no contact with your co-offenders since your arrest. Your personal circumstances have now changed. 21. I turn now to your personal history. You were born in January 2006 in Turkey and moved to Australia when you were two months old. You are currently 19 years of age, the eldest of four children, and are close to your family. Your father works as a barber and your mother supports the family at home. You have been in a relationship with your partner for the last year. Your parents, your partner, a number of family members and friends were present at your plea hearing. You have no prior criminal history. 22. Regarding your education, you report struggling with attention, disruptive behaviour and learning while at school. You attended remedial classes but were never formally diagnosed with a learning disorder. You did not maintain a motivation to study and ultimately left school at the age of 16 after completing Year 10. You then commenced a carpentry apprenticeship which I am told you are due to complete in the coming months. You have remained with the same employer for three and a half years. He is aware of your circumstances and continues to employ you. 23. Turning now to your substance use, you dabbled with illicit substances including cocaine and binge drinking alcohol at the time of this matter. You no longer use drugs and now only drink alcohol occasionally. 24. In relation to your mental health, you had no prior involvement with mental health services and have not been diagnosed with a mental illness. Your father arranged for you to obtain psychological treatment in December 2024, and you have attended a number of appointments since that time on a weekly or fortnightly basis. A psychological report from Dr Julianne Read has been provided dated 8 May 2025. Much of your background is contained in that report. 25. At the outset, Dr Read spoke to your mother who described your offending behaviour as 'out of character and a huge shock to the family'.[1] Your mother also noted that you have struggled to maintain loyal friendships and can be 'easily led at times'.[2] She further expressed worry about your deteriorating mental health following your offending. 26. I note that after completing two sessions with Dr Read you were charged in January 2025 with subsequent offences of being in possession of imitation firearms and a knife. These matters have not been dealt with and are listed in the Magistrates Court in June 2025. They are not related to the current matter, and I do not take them into account when determining the appropriate sentence. Since that time, you have made progress and Dr Read's opinion is that you have recently acquired some empathy for others. 27. In her assessment Dr Read found that you presented as genuinely remorseful for your behaviour and said that 'your primary presenting complaint upon commencing therapy related to preoccupation with shame, regret and self-flagellation in response to the offending behaviour'.[3] Dr Read writes that you now recognise that it is not your responsibility to arrest individuals or engage in vigilante justice.[4] You have no interest in continuing with antisocial or violent behaviour and instead focus on your employment and engaging in prosocial activities. You are committed to continuing your treatment. 28. You maintain the love and support of your family. A character reference written by your father was tendered at your plea hearing. He describes that your family was in disbelief of what you have done, as you have never been a troublemaker in the past. Your father believes that you spent too much time with the wrong people, which had an effect on your behaviour. Your parents have supported you attending therapy and have seen the positive impact it has had on you. He writes that you have learnt your lesson, which is evident as you have renewed your focus on your career and apprenticeship. You have told your father that you know what you did was terribly wrong and have expressed deep remorse. You realise that you need to make significant changes to your lifestyle and have worked towards that. Your father is confident that you have learnt from your mistakes and will not repeat your offending. 29. The court also received positive character references from other family members and friends. You have expressed to them your regret for the harm you have caused and take responsibility for your actions. They speak of your work ethic and ambition and recognise the efforts you have made to make changes since the offending, to establish a better life. I accept that your family and friends support you and will continue to do so in the future. You are most fortunate in that regard. 30. The court has also received a reference from your parish priest, who knows you as you frequently attend church and participate in a youth group when you can. He, too, supports you and believes that you are capable of growth and positive change and that you will learn from your experience. 31. Before the recent incidents you led an unblemished life. You have no criminal history. You are someone of previous good character and are entitled to call upon that good character on your plea. You are working towards rearranging your life and remaining out of trouble. I accept that your prospects for rehabilitation appear to be very good. 32. You were 18 years old at the time of your offending. You are now 19 and are to be sentenced as a young offender. It is submitted that your immature and narrow-minded perspective at the time had an effect on your misconduct. That perspective has since matured and broadened, and you now reveal genuine remorse, victim empathy and insight into your behaviour. Your age is relevant when considering your prospects of rehabilitation. Given that you are also a first offender, I consider that the principle of rehabilitation must strongly feature in the sentencing mix. I take your age into account as a mitigating factor when imposing the appropriate disposition, notwithstanding the gravity of your offending. 33. The principle of general deterrence must also be given weight in the sentencing process in light of the issues with aggravated burglary regularly occurring in the community. That same community expects that those who engage in the serious offence of aggravated burglary must be punished and denounced for their conduct. 34. You spent one night in custody before you were released on bail. You have undergone strict bail conditions including a curfew between 10:00 pm and 5:00 am and a residential condition for a period of nine months. These conditions may have assisted you in your rehabilitation, yet they also amount to a substantial imposition on your liberty and are a form of punishment already occasioned. 35. The defence submission is that a community correction order (CCO) would adequately address all relevant sentencing considerations. The prosecution agrees that such an order is within range of appropriate dispositions, and after careful consideration I agree that a term of imprisonment is not required. 36. You were assessed by the Office of Corrections on 22 May 2025 and were co-operative. You stated that at the relevant time you unknowingly smoked cigarettes laced with cocaine and that you were 'high', as well as encouraged by your peers to follow through with the offending. Despite minimising your conduct to the author, you did take responsibility for your offending in its entirety and expressed remorse, acknowledging the impact of your action on the victims. You were using cannabis from 2023 and cocaine for a few months before these incidents and you no longer have contact with your anti- social peers. The author suggests that your behaviour demonstrates patterns of impulsivity and lack of consequential thinking, particularly prevalent among the youthful cohort. You have family support and have developed pro-social supports through your employment. You were assessed as a medium risk of general re-offending and were found suitable for a CCO. 37. You were also assessed by the Mental Health and Advice Response Service. You stated that you were consuming cocaine at the relevant time. You no longer consume illicit substances. You have not received a mental health review in the past but identify the positive benefit of your emotional wellbeing from currently participating in psychological counselling. You presented as alert, calm and composed and engaged in a polite and co-operative manner. You presented as mildly anxious and identified the importance of not reoffending. You are assessed as having a mild mental health problem or difficulty and that ongoing psychological counselling will promote your wellbeing and reduce the likelihood of reoffending. 38. I am told you are capable of performing unpaid community work and that you are prepared to do so, in conjunction with your employment. You indicate that you are willing to comply with a CCO and have been found suitable for such an order. 39. I take into account the maximum penalties for each offence and current sentencing practices. I accept that a CCO which is both punitive and therapeutic in nature provides the appropriate balance between all the competing sentencing considerations in your case. I accept that the interests of the community are best served by not interrupting your rehabilitation. Further, it is in your own interests to consolidate the progress that you have made. I propose to impose such an order. 40. In relation to all charges, you are convicted and sentenced to: * A community correction order for two and a half years. * You are to report to the Coolaroo Community Correction Centre within two working days of being sentenced. * To perform 250 hours of unpaid community work. * To comply with supervision. * To undergo assessment and treatment as directed for your drug use. * To undergo assessment and treatment as directed for your mental health. * And to participate in other treatment and rehabilitation as required. * 50 hours of treatment and rehabilitation may be accredited to the community work hours. * s6AAA a sentence of detention in the Youth Justice facility for a period of 18 months. 41. I will just ask my associate if she could please print off the CCO and then I will give you a chance, Ms Beech to take him through and just make sure your client understands the order and is prepared to comply with it. 42. MS BEECH: Thank you, Your Honour. 43. HER HONOUR: Were there any other orders sought by the Crown, Mr Pickering. 44. MR PICKERING: No, Your Honour. 45. HER HONOUR: Thanks. All right, so Mr Keryakus, thank you, you've signed the order. Can I just let you know, sir, that at the age of 19 you have an opportunity to grow up and become a decent adult. I do accept that you are very lucky to have the family support which will help you on that path. 46. During the running of the CCO, if there are any issues you can come back to court to seek a variation if you do have problems, particularly with your employment. So, stay in touch with your counsel or your instructing solicitor about that because you do have it hanging over your head now for two and a half years, and there is a real risk that if you do breach the CCO you will go into custody or into Youth Justice, depending on your age if that happens. Of course, that always depends on the circumstances, but you really need to be aware of that and to prioritise this order to get it done. All right, thanks. 47. Anything else, Ms Beech. 48. MS BEECH: No, thank you, Your Honour. 49. HER HONOUR: All right, thank you.