DPP v Madding [2025] VCC 1895

1. On 22 November 2023, you participated in a Record of Interview where you largely gave "no comment" answers to the questions. You also denied involvement in the offending, stating you were at work in Laverton that night. You stated that a person called 'Kairo' whom you had met twice logged onto Instagram on your phone. You also denied knowing Mr Ahenkora.

1. Mr Madding, you were complicit in an intrinsically serious, violent, theft offence in which your co-offender used a weapon. The maximum penalty for Aggravated Carjacking is 25 years' imprisonment, and the sentencing court is required to fix a mandatory minimum non-parole period of at least 3 years unless satisfied that a "special reason" exists.[4] The maximum penalty and this sentencing regime reflects the level of seriousness of which Parliament views such offending.
2. The carjacking was a terrifying experience for the victim, and such offending threatens the wider community's sense of security. The community's concern regarding the prevalence of such offending has recently been front of mind for the Parliament in this State.
3. You and your co-offender planned to lure your victim at night to a dark, relatively secluded area, where you brazenly made threats along with the use of force involving holding a bladed weapon to the victim's throat. Your offending was a betrayal of the trust that the victim had for you as you had previously known each other as friends. He was particularly vulnerable due to these factors. However, the victim was not injured by the knife used in this offending, was able to defend himself to a degree, and to escape from the vehicle. Whilst the use of a weapon is an inherent feature of this offence type, and is not an aggravating factor, the type of weapon, and how it was used is relevant in assessing the objective gravity of the offence. Here, holding a knife to the victim's throat from behind, placed him in extreme risk of serious harm. Your offending was further aggravated by the fact that you were on bail.
4. In my view, this is a moderately serious example of this offence type.
5. Mr Madding, you deliberately engaged in this offending. Whilst there is no evidence that you were holding the knife, nor that you drove the car, your presence encouraged your co-offender to do so. You had the opportunity to stop, but you chose to continue. You fled from police when the vehicle came to a stop. Whilst you have subsequently expressed genuine remorse and insight into the impact you have caused the victim, your moral culpability for this offending is moderately high.

1. Mr Ahenkora made a victim impact statement. He previously viewed you as a friend and felt deeply betrayed by your actions. He has experienced ongoing anxiety and stress since that time, which caused him to distrust others and affected his feelings of safety. This impacted his ability to carry out daily tasks. The loss of his car has created a long-standing strain on his finances.

1. Mr Madding, you were born in Egypt and are of South Sudanese heritage. You came to Australia as a refugee when you were two months old with your mother. You are the third eldest of your mother's 13 children.
2. Your biological father remained in Sudan with the army when you came to Australia. He later joined your mother in Australia. Your parents separated when you were around age 7 and your mother remarried in Sudan. That marriage did not last due to family violence, and she subsequently remarried for a third time. Your mother separated from that man last year because your stepfather squandered your mother's savings. Your mother has returned to Sudan to attempt to recover her savings. Your remaining family in Australia now live in Ballarat and your older siblings look after your younger siblings.
3. You described that growing up in your family was more bad than good. Your father had been involved in the Sudanese war and was emotionally disengaged in the family. Your first stepfather physically and sexually abused your mother and members of the family. You were attacked by your stepfather when you tried to intervene to protect your mother and Child Protection became involved. Your second stepfather has imperilled your family's financial position. Your mother did not speak English and you moved from state to state as she searched for employment.
4. You attended five to six primary schools and three high schools due to your family's transient life. Despite this educational instability, you completed Year 11 before your studies were interrupted by your first arrest at age 17.
5. You began to use cannabis and nicotine vapes around the age of 14. At 16 you began to use Xanax. You report that you quit all substances at age 19.
6. Due to your poor relationship with your stepfather, you and two of your brothers began to hang out with the "wrong crowd". You tried to avoid being at home and became involved in criminal offending.
7. Your mother told you to leave your family home due to overcrowding last December. You experienced homelessness and lost contact with your family. You became involved with Melbourne City Mission in February 2025. This has been a most positive experience for you. They have assisted you to find accommodation and you were currently living in a share house with six studio rooms. Torren Dimovski, of Stopover Youth Refuge with Melbourne City Mission, in his letter dated 10 June 2025, describes the resilience and self-determination you have demonstrated in the face of adversity. Torren observes you to be highly intelligent, driven, and an aspirational young person who is eager to build a better future for himself. Torren says that your strong communication and interpersonal skills have played a significant role in the opportunities you have secured.
8. You have completed a 10-week Retail Ready Program run by HoMie. Through that program you have secured a permanent casual position at the HoMie Fitzroy store. You are the only person in 2025 who participated in their programs and has been offered such a permanent contract. Bonnie from HoMie[5] describes that you continually went above and beyond expectations, displaying initiative, professionalism, and a strong work ethic. In addition, you have taken on several advocacy opportunities representing that organisation at the opening of a new store based in the CBD.
9. You have completed certificates in first aid and the responsible service of alcohol. You have a white card and forklift licence and are currently undertaking online studies in dental assisting. You are currently undertaking the paperwork necessary to acquire a new birth certificate and identity documents which will assist you to gain employment.
10. Whilst your mother is in Sudan you have been assisting your older sister to financially support your other siblings. Your sister, Monica Yar,[6] describes that you have become a role model for your younger siblings. She is the primary caregiver for them, and she relies heavily upon you for emotional support and guidance.
11. You have been in a relationship with your girlfriend, Isabella Allebi, for three years. She is studying pathology and working two jobs on weekends. Ms Allebi[7] describes your profound and genuine transformation over the past two years. She outlines that you have taken deliberate steps to remove yourself from all negative environments and influences. She describes your commitment to rise above every challenge placed before you, and also describes the genuine remorse you express for your past offending.
12. Forensic psychologist, Pamela Matthews, recently assessed you.[8] She reports that you have good insight into your emotional state and behaviour, and your judgment seems to have significantly improved since you engaged with the Melbourne City Mission. Upon her assessment, the factors which predict your risk of reoffending are largely historical and do not reflect your current functioning. She concludes that there is no indication that any mental health factors contributed to your offending.
13. Ms Matthews notes that you have experienced a very adverse history of parental loss, repeated relocations, family violence, child abuse, physical and sexual abuse, neglect, poverty, and educational disruption. She opines that you have grown up in a dangerous world, and your offending as an adolescent reflects the normalisation of violence in your developmental world.
14. Most significantly, in your assessment with Ms Matthews, you acknowledged that your treatment of the victim in this case was extremely frightening and would have negatively impacted the victim and his family in multiple ways. She observed that you presented as remorseful for the harm that you had done.
15. Ms Matthews expresses concern about the adverse emotional and developmental impact of a lengthy prison sentence upon you, as you are still very young in terms of brain development and maturity. She opines that you remain in adolescence and your behaviour before the court is consistent with adolescent vulnerability to social influences and risk-taking behaviour.
16. Lauren McCormack, your key worker at the Melbourne City Mission Youth Housing Initiative, provided a letter of support dated 4 December 2025. She confirms that you have been residing in accommodation through YHI since July 2025. During this time you have been actively engaged with the full range of supports available to you. She reports that you have demonstrated a consistent commitment to improving your circumstances and achieving positive personal outcomes. You have maintained regular and meaningful engagement with all relevant supports and actively engaged in independent living skills programs. You are a positive role model within your shared living environment with five other young people. You demonstrate a high level of maturity in your interactions, often offering support to peers experiencing challenges and contributing to a safe and respectful household environment.
17. Jiress Musafri, General Manager of the Australian African Foundation for Retention and Opportunity, has worked with you in a mentoring capacity for over two years. During this time, he has witnessed your significant personal growth, resilience, and determination to positively transform your life despite the difficult circumstances you have faced.[9]
18. Other than a charge of breaching a Community Correction Order (CCO) by failing to comply with conditions, you have not been charged with any further offending since this incident.
19. Youth Justice assessed you as suitable to be detained in a Youth Justice Centre because you have reasonable prospects for rehabilitation and are particularly impressionable, immature and likely to be subject to undesirable influences in adult prison.
20. The author of the YJC assessment report said:[10]

Mr Madding has demonstrated remorse for his offending and made significant progress toward his rehabilitation and has not engaged in further offending since the offending before the Court. Mr Madding is currently employed and studying and has shown a desire to continue this and indicated goals for his future which will enhance his prospects for employment opportunities. Mr Madding has the ongoing support from his siblings and his partner. His strong family connections will be favourable for his rehabilitation. Mr Madding has a demonstrated history of engagement with services and supports indicating that he is willing to address areas of need in his life and enhance his prospects for rehabilitation.

... the young offender is particularly impressionable, immature or likely to be subject to undesirable influences in an adult prison. Mr Madding is 20 years and 11 months old placing him in the upper chronological age of the dual track sentencing system. Mr Madding presents as a mature, insightful young man. Mr Madding reported that his period of remand in adult custody was quite difficult and although there were no significant issues, he at times felt pressure from other prisoners to withhold information or engage in negative behaviours. It is the assessment of Youth Justice that he would likely be subject to undesirable influences in an adult prison. Mr Madding has a history of trauma resulting from his family dynamics during his developmental years. He is not formally diagnosed with any mental health conditions however noted previously experiencing symptoms of depression and anxiety. The unknown environment of an adult custodial centre is likely to intensify these feelings.

22. Mr Madding, you have embraced opportunities to turn your life around. The last year has been a period of significant personal growth. The extensive materials tendered on your behalf at this plea suggest that you have very positive prospects of rehabilitation. Ordinarily childhood deprivation, youth, a lack of criminal priors, a plea of guilty and excellent prospects of rehabilitation would be significant factors taken into account in sentencing. Regrettably you fall to be sentenced pursuant to a mandatory sentencing regime which requires a departure from these ordinary sentencing considerations.

1. Your background of childhood deprivation ought be given some weight in sentencing.[12]

1. Whilst you fall to be sentenced as a "young offender" because you are under 21 years of age, the usual sentencing primacy upon rehabilitation, rather than deterrence, must be tempered in your case because your offending involves the use of serious violence.[13]

1. Something must be said about your plea of guilty. Your trial was listed to commence on 17 November 2025.
2. Mr Madding, you ultimately pleaded guilty to this charge on 20 November 2025. You had previously pleaded guilty to this offence in the Magistrates' Court in August 2024, but withdrew that plea prior to your arraignment in the County Court. Your conduct has contributed to the delay in finalisation of this matter.
3. Whilst yours was a late plea, I do take into account that your plea prior to trial has avoided the need for the complainant to give evidence and the costs associated with running a trial, and therefore it is of some utilitarian value.

1. Mr Madding, you fall to be sentenced on this charge as a person with no prior criminal record.
2. Whilst you do not have a prior criminal record, you do have subsequent convictions for offending which predated this offence, involving an affray, a robbery, possessing a controlled weapon, and assaulting an emergency worker. This is relevant to an assessment of your character and moral culpability. I am told that you have a pending matter for breach of a CCO by noncompliance only.

1. Your sister, Monica Yar, has described the critical role you play in caring for your younger siblings, and the profound impact your absence will have on their lives.
2. Hardship to third parties is only relevant to mitigate sentence where it is "highly exceptional", or rises above the general hardship commonly suffered by families of imprisoned offenders.
3. Whilst I accept that your absence will be keenly felt by your siblings, I cannot be satisfied that this hardship rises above that threshold.

1. Mr Madding, you are not an Australian citizen. The sentence I will impose today may enliven the Minister's power to mandatorily cancel your visa and deport you from Australia. I may not speculate about future executive action. However, I accept that this risk of deportation is likely to make your incarceration more burdensome because you will likely experience anxiety about being returned to a place which you left when you were two months old, and you will lose the opportunity to remain in Australia where the rest of your family, partner and community reside.

1. Aggravated Carjacking is a Category 1 offence under the Sentencing Act 1991. This means that, unless a "special reason" exists, a court must impose a term of imprisonment and fix a non-parole period of not less than 3 years,[14] with a head sentence of not less than 6 months greater than the non-parole period.[15] Neither a CCO nor a Youth Justice Centre order are considered a "term of imprisonment" for this provision.

1. The Sentencing Act defines what qualifies as a "special reason" and specifies what the court may and may not take into account in deciding whether a special reason exists.
2. Your counsel concedes that the only species of "special reason" that is available on the evidence is if I am satisfied on the balance of probabilities that there are "substantial and compelling circumstances that are exceptional and rare" that justify exemption from this mandatory minimum term of imprisonment.
3. As a matter of law,[16] in determining whether there are substantial and compelling circumstances, the court -

(a) must have regard to the Parliament's intention that a sentence of imprisonment should ordinarily be imposed and that a non-parole period of not less than 3 years should ordinarily be fixed for an offence covered by s 10AD; and

(b) must have regard to general deterrence and denunciation of your conduct as having greater importance than other sentencing purposes; and

(c) must give less weight to your personal circumstances than to other matters such as the nature and gravity of the offence; and

(d) must not have regard to -

(i) your previous good character (other than an absence of previous convictions or findings of guilt); or

(ii) your prospects of rehabilitation.

1. Your counsel submits that the following factors amount to substantial and compelling circumstances that are exceptional and rare in your case:

(i) the nature and gravity of this offence falls within the middle range;

(ii) your moral culpability falls within the middle range;

(iii) family hardship; you play a significant financial and caring role for providing for your 11 siblings and mother who is in Sudan;

(iv) whilst of lesser weight, because it is a personal circumstance: you will experience great anguish whilst in custody because of your fear of being deported and losing the opportunity to reside in Australia where you have spent almost your entire life and where your family resides;

(v) whilst also of a lesser weight, because it is a personal circumstance: your childhood disadvantage is significant and your upbringing has had a deleterious impact upon your education and opportunities; and

(vi) finally, whilst of lesser weight, because it is a personal circumstance: you were a young person of 18 years of age when you committed these offences and you remain a young person of 20 years of age at the time of sentence.

1. In DPP v Lombardo[17] The Court of Appeal helpfully considered what is to be considered by the Court in an inquiry under s 5(2H)(e):

First, the court must identify whether there are 'substantial and compelling circumstances'. In that context, 'substantial and compelling' means that the circumstances are weighty and forceful or powerful. The issue is whether the circumstances are substantial and compelling so as to justify not imposing a custodial sentence. That is the criterion by which the substance and compulsive force of the circumstances are to be assessed.

The second critical step, if the circumstances are substantial and compelling in the sense described above, asks whether they are also 'exceptional and rare'. In our view, this is to be regarded as a composite phrase imposing a single test, rather than as two discrete tests. That is because the meanings of the two words overlap; in particular, 'exceptional' means 'out of the ordinary course, unusual, special', which includes that which is 'rare'. In that situation, a separate test asking whether something that is 'exceptional' is also 'rare' would be redundant. Instead, the two words operate together and each influences the meaning of the overall phrase.

1. Their Honours further elaborated that "exceptional and rare" has a "meaning closer to out of the ordinary,"[18] or "outside the run of the mill factors typical of the relevant kind of offending."[19] They examined several cases in which the discretion was enlivened, and several in which it was not.

Are the circumstances of your case substantial and compelling so as to justify (but not require) not imposing a custodial sentence?

1. Mr Madding, like the circumstances in Lombardo, you are a young offender, come from a disadvantaged background and had no criminal record at the relevant time.[20] Additionally, you have demonstrated that your family will miss your presence, you face hardship in custody due to your prospects of deportation, and you have very good prospects of rehabilitation, and you entered a late plea of guilty.
2. Your personal circumstances do reduce your moral culpability somewhat but are not of the "most mitigatory kind."[21] I have concluded your moral culpability was moderately high. Whilst you have turned your life around since this offending, you have only taken responsibility for your actions formerly on the eve of trial. Your offending is objectively a moderately serious example of this offence type. Consideration of these factors tend against invoking the exception.

Are your circumstances "exceptional and rare"?

1. This limb involves an evaluation of all the circumstances which apply to you in combination. Sadly, circumstances similar to yours are commonly seen amongst offenders involved in Aggravated Carjacking.
2. Mr Madding, despite significant adversity throughout your childhood and young adolescence you have taken significant steps to turn your life around. By all reports you are an intelligent young man with a promising future. The resolution of this matter was delayed by your actions, however you have used this past year to make significant gains towards your rehabilitation. Were it not for the sentencing regime which applies to this type of offence, you would have been afforded significant mitigation of sentence by virtue both of your youth and excellent prospects of rehabilitation.
3. You are still aged 20 and have been assessed as suitable for detention in a Youth Justice Centre. A YJC order is a sentencing disposition designed to support young offenders' rehabilitation and reduce prospects of reoffending.
4. However, the law does not allow me to have regard to your prospects of rehabilitation for the purposes of s 10A(2B)(iii) of the Sentencing Act.[22]
5. In Buckley v R the Court of Appeal stated:[23]

Mandatory minimum sentences are wrong in principle. They require judges to be instruments of injustice: to inflict more severe punishment than a proper application of sentencing principle could justify, to imprison when imprisonment is not warranted and may well be harmful, and to treat as identical, offenders whose circumstances and culpability may be very different.

6. When speaking about this sentencing regime in DPP v Bowen,[24] the Court of Appeal said of the "special reason" test, "that requirement is - no doubt quite deliberately - almost impossible to satisfy."
7. Mr Madding, I have no doubt that the community would be best served by supporting your rehabilitation and growth to become a strong positive role model in your community. This is unlikely to happen in prison. However, I must apply the law that Parliament sees fit to enact.
8. I simply cannot be satisfied that you demonstrate such substantial and compelling circumstances that are exceptional and rare such as to justify an exemption from this mandatory minimum term of imprisonment.
9. By virtue of this conclusion, the law prevents me from sentencing you to detention in a Youth Justice Centre.

1. Formally, I note for the purposes of parity, that your co-accused is pleading guilty to Aggravated Carjacking and dangerous driving while pursued by police. His plea hearing is yet to be heard.

1. Mr Madding, I have regard to your Counsel's written and oral sentencing submissions, together with all the materials which have been filed on your plea.
2. In sentencing you I must have regard to the legislative constraints which apply to sentencing for Aggravated Carjacking, as well as the factors set out in s 5 of the Sentencing Act.[25]
3. I must impose a sentence which is proportionate to the gravity of the offence, considering the circumstances and the sentence must be no more than is necessary to satisfy those various objectives of sentencing.
4. I have also taken into account current sentencing practices for the offences to which you have pleaded guilty.

1. Yor Madding, on charge 1 of Aggravated Carjacking, you are convicted and sentenced to a term of 3 years and 6 months' imprisonment.
2. I order that you serve 3 years before being eligible for release on parole.

1. Pursuant to s 18 of the Sentencing Act 1991,[26] the period of 28 days of pre-sentence detention including today is hereby declared as having already been served in respect of this sentence and I order that such declaration and its details be entered into the Court records.

Section 6AAA Declaration

1. Pursuant to s 6AAA of the Sentencing Act 1991,[27] I indicate that had you pleaded not guilty and been found guilty after trial, I would have sentenced you to a term of 4 years' imprisonment with a non-parole period of 3 years.

1. You will be disqualified from driving in Victoria for 3 months.
2. Custody management issues - experiencing anxiety attacks, should be seen by a nurse. May have issues relating to iron deficiency.

[1] Crimes Act 1958 (Vic), s 79A.

[2] Summary of Prosecution Opening for Plea dated 27 November 2025.

[3] Crimes Act 1958 (Vic), s 323.

[4] Sentencing Act 1991 (Vic), s 10AD.

[5] Character Reference from Bonnie Raynes, dated 14 November 2025.

[6] Character Reference from Monica Yar dated 4 December 2025.

[7] Character Reference from Isabella Allebi undated.

[8] Pamela Matthews, Forensic Psychologist Report RE: Yor Santino Madding dated 2 December 2025.

[9] Character Reference from Jiress Musafri, undated.

[10] Department of Justice and Community Safety, Pre-Sentence Report RE: Yor Madding dated 1 December 2025.

[12] In accordance with the principles in Bugmy v R (2013) 302 ALR 192.

[13] Makieng v R [2022] VSCA 52 (Priest and Kyrou JJA).

[14] Sentencing Act 1991 (Vic), s 10AD(1).

[15] Ibid, ss 10AD(1) & 11(3).

[16] Ibid, s 10AD.

[17] DPP v Lombardo [2022] VSCA 204, [65-67].

[22] Sentencing Act 1991 (Vic), s 10A(2B)(iii).

[23] Buckley v R [2022] VSCA 138, per Maxwell P and T. Forrest JA.

[24] DPP v Bowen [2021] VSCA 355, per Maxwell P, Priest, McLeish, T Forrest and Walker JJA.

[25] Sentencing Act 1991 (Vic), s 5.

[26] Ibid, s 18.

[27] Ibid, s 6AAA.