DPP v Malachowski [2025] VCC 1394

1. At the time of the offending, you were 19 years old. Your co-offender, Brodie Enever, was 18 years old. He was sentenced in relation to his offending by Judge Lauritsen on 27 June 2025.
2. In summary, over a four-month period between January and late May 2024, you and Mr Enever recruited and organised groups of youths to conduct burglaries and robberies at shops and service stations at night throughout the north, east, and south metro regions of Victoria, targeting cigarettes, vapes, alcohol, and cash. A large number of messages were found on your mobile phone detailing your recruitment of at least 30 young offenders ("the principal offenders"), typically between 13 and 19 years of age. You provided them with stolen vehicles and, at times, a trusted driver to commit the offences. You directed and encouraged them to commit the offences via text messages. You provided direction on how to carry out the offending and avoid detection by police. You also provided screen shots of the locations to be targeted.
3. On occasion, you scouted potential target locations for the offending and then waited nearby while the youths committed the offences. You coordinated the receipt of the stolen goods shortly after the offences were committed. You facilitated the sale of stolen cigarettes.
4. You sometimes paid the principal offenders for the burglaries and robberies they committed. However, it is not alleged that you were complicit in any violence committed by the principal offenders on a number of occasions while committing the robberies.[15]

1. Charges 1 and 2 - concern a theft of motor vehicle (Mercedes) on 24 & 25 January 2024 and another theft of motor vehicle (Chrysler) on 21 February 2024.
2. Charge 27 concerns the theft of a motor vehicle (BMW) on 10 April 2024.
3. Charge 46 concerns the theft of a motor vehicle (Toyota) on 23 and 24 April 2024.
4. Charge 59 concerns the theft of a motor vehicle (Audi) on 17 May 2024.

1. You pleaded guilty to 15 charges of robbery (and 2 attempts) and 21 charges of burglary (and 2 attempts). These charges relate to a series of burglaries, robberies and attempts on stores selling tobacco products.
2. In each instance, you directed or assisted the principal offenders by, variously: recruiting principal offenders and directed and encouraged them to commit the offences via text messages; providing the vehicles used in the offending; coordinating the receipt of the stolen goods; and facilitating the sale of stolen cigarettes.
3. Charges 3 to 8 relate to a series of burglaries and robberies between 24 February 2024 and 28 February 2024 at various stores and service stations.
4. Charges 11 and 12 relate to two burglaries at stores selling cigarettes and tobacco products on 11 March 2024.
5. Charges 15 and 16 relate to a robbery and burglary respectively at stores selling tobacco products on 19 March 2024 and 21 March 2024.
6. Charges 18 and 19 relate to a burglary and robbery respectively, occurring at two separate service stations selling tobacco products on 25 March 2024.
7. Charges 21 to 25 relate to a series of burglaries (including 2 attempts) occurring at cigarette stores on 2 April 2024.
8. Charges 29 to 35 relate to a series of burglaries and robberies at shops selling tobacco products between 14 April 2024 and 17 April 2024.
9. Charges 36 to 45 relate to robberies and burglaries (and 2 attempted robberies) at stores selling tobacco products between 16 April 2024 and 17 April 2024.
10. Charges 47 to 51 relate to a series of burglaries on stores selling tobacco products between 23 April 2024 and 1 May 2024.
11. Charges 53 and 54 relate respectively to a robbery and burglary which occurred at two separate stores selling tobacco products on 6 May 2024.

1. Charge 9 relates to your storing a large quantity of cigarettes and tobacco products at an associate's address on 24 and 25 January 2024.[16]
2. Charge 10 relates to you offering cigarettes for sale via messaging applications to various potential buyers on 2 March 2024. The messages establish that you had 1,050 stolen packets of cigarettes in your possession which you were seeking to sell for $20,000.
3. Charge 13 relates to your conduct on 6 March 2024 when you offered to sell cigarettes to an associate, Mr Haddad for $10,000.
4. Charge 14 relates to similar conduct on 12 March 2024 when you offered to sell the cigarettes to Mr Haddad for $19,000.
5. Charge 17 relates to similar conduct on 21 March 2024 when you offered to sell cigarettes to Mr Haddad for $10,000. On this occasion, you both agreed to a price of $8,000.
6. Charge 20 relates to similar conduct on 25 March 2024 when you sold cigarettes to Mr Haddad at an agreed price of $12,000.
7. Charge 26 relates to similar conduct on 6 April 2024 when you offered to sell stolen cigarettes to Mr Haddad for $12,000.
8. Charge 28 relates to similar conduct on 12 April 2024 when you offered to sell 100 packets of stolen cigarettes to Mr Haddad for $17,000 but accepted a price of $10,000.
9. Charge 45 relates to videos (dated from 17 April 2024) found on your phone of stolen cigarettes.
10. Charge 52 concerns your offering to sell tobacco products on 4 May 2025 to Mr Haddad for a price ranging between $9,000 to $49,000.
11. Charge 55 concerns your conduct on the 6 May 2024, when your Snapchat post showed several boxes and bags containing cigarette packs and vapes.
12. Charge 61 concerns your conduct on 29 May 2024 in retaining a pair of registration plates, which were discovered when police searched your vehicle.

1. Charge 56 concerns your conduct on 10 March 2024. Videos and messages recovered from your phone on that date show you driving at over 180 km/h through the Burnley Tunnel with one hand on the phone recording the speedometer.
2. Charge 57 concerns video taken on your phone on 27 May 2024 showing you recording yourself driving a Volkswagen at 249 km/h.

1. Charge 58 concerns your conduct from February to May 2024, when you engaged in numerous communications and exchanges indicating cannabis trafficking. Messages found on your devices show: offers to supply cannabis at varying prices; discussions about cutting and storing cannabis plants; and attempts to recruit others to sell cannabis on your behalf.
2. Charge 60 concerns the cannabis found by police when they executed a search warrant on 29 May 2024 at your residence. Police located multiple zip lock bags containing cannabis, packaged for sale.

1. Summary charge 128 relates to your conduct on 14 April 2024 in receiving forged registration plates and fixing them to a vehicle.
2. Summary charge 129 relates to your conduct on 15 April 2024 in receiving forged registration plates and fixing them to a vehicle.
3. Summary charge 170 relates to your conduct on 19 May 2024 in procuring fraudulent registration plates from an associate, Mr Phodi.
4. Summary charge 156 relates to your conduct on 1 May 2024 in procuring fraudulent registration plates from Mr Phodi.
5. Summary charge 179 relates to a pair of cloned registration plates found by police during a search of your vehicle on 29 May 2024.

1. Summary charge 148 relates to your conduct on 17 April 2024 at a property you had entered in Ashburton. You were upstairs and came down when requested by police but fled and were not immediately apprehended.

1. Summary charge 173 is a rolled up charge relating to your conduct the subject of charges 56, 57 and 59. You have never held a driver's licence were on bail with a condition not to drive at the time of committing those offences. On 21 May 2024, you drove the stolen Audi to a petrol station in Burwood.

1. Summary charge 178 concerns a machete located in your vehicle during the police search on 29 May 2024

1. You were arrested at hospital on 29 May 2024 after a search warrant executed at your residence revealed 18 Ziplock bags containing cannabis and 1 tub containing cannabis. At the time of your arrest, your mobile phone was seized.
2. After receiving medical clearance, you were transported to the Knox Police Station and interviewed. You made no admissions regarding the robberies and burglaries but did admit to driving without a licence. You were remanded in custody and have spent 482 days, not including today, in pre-sentence detention in adult custody.

1. This matter resolved at the committal hearing on 5 May 2025 prior to any witnesses giving evidence or being cross-examined. You volunteered to have your matter proceed in the Koori Court Division.

1. On 26 August 2025, your matter proceeded as a plea hearing in the Koori Court Division Melbourne. You were supported in court by your mother, Angelic Martin, former support workers Kerrie Castor and Amanda Cox and current support workers Brad Watt and Fin.[17] A sentencing conversation was held between yourself and Elders and Respected Persons Aunty Maggie Smith and Uncle Jim Berg.
2. You presented as quite reserved but were able to interact with the Elders, both of whom challenged your about your offending behaviour, invited you to understand your difficult personal circumstances and connect with your cultural heritage, and encouraged you to use your skills to turn your life around from this point onwards.
3. I consider that your genuine participation in the Sentencing Conversation is a mitigating factor.[18]

1. It was common ground and I consider that the cash and/or cigarette-related burglaries and robberies committed at petrol stations and stores is objectively very serious. Although you are charged on a complicity basis for these offences, your culpability is substantial because you directed and encouraged the offending, provided stolen vehicles for use and coordinated the targeting of stores. The offending was sophisticated, planned, protracted and repeated, spanning multiple nights over a four month period where multiple stores were targeted in a coordinated manner. In addition, valuable goods were stolen. You stood to profit financially as the receiver and on-seller of stolen goods and I note that you admitted to psychologist Austin Campbell,[19] that this was your motivation. On the other hand, as noted above, there is no evidence that you retained monies derived from your offending.
2. Members of the community and store attendants carrying out their duties at night are entitled to do so free from illegal interference of any kind, let alone confrontation by masked, machete wielding youths. The offending caused substantial damages to premises, and financial loss to store owners, as well as trauma caused to attendants confronted by the principal offenders.
3. Two victim impact statements were filed and read out in court. Mr Hafiz Rehman, an international student who relied on working night shifts, wrote on 7 April 2025,[20] in relation to the conduct the subject of charge 42, of his terror when a group of masked, machete-wielding individuals stormed into his workplace. He feared for his life. After the incident, he kept reliving the event and struggled with a constant state of hyper-vigilance. His sleep and appetite have been badly affected. He is too afraid to work night shifts any more, and is suffering financially because of this. He feels isolated and unsafe in unfamiliar environments and has withdrawn socially.
4. Justine Roberts wrote on 31 March 2025,[21] in relation to the conduct the subject of charge 49, that she was stressed and upset to have to respond to an alarm at her workplace in the middle of the night, and fearful to be on site cleaning up shattered glass with female co-workers. She suffered minor scratches in the process. Financially, the impact was significant, as damage to the premises' door and security system, along with other expenses, totalled approximately $16,600.00
5. Investigators have been unable to fully determine the total loss caused to victims due to the large number of incidents linked to you. From the small number of stores that provided estimates of their losses, the value of goods stolen exceeds $597,185. However, this figure does not include repair costs for doors, windows, security screens, cash registers, monitors or cabinets damaged during your offending.
6. I accept that there is no evidence that any cash stolen or proceeds of goods stolen and on-sold by you have been retained by you, but I do not consider that this displaces the clear financial motivation for your offending which you disclosed to Mr Campbell.
7. It was common ground and I consider that the driving-related offences are not at the lower end of the range of seriousness for that kind of offending. In relation to charges 56 and 57, this is because you have never held a licence and were on bail at the time, with a condition not to drive a motor vehicle. In addition, you recorded yourself while driving at extremely excessive speeds.
8. It was also common ground and I consider that the cannabis-related offending (trafficking and possession) is at the lower end of the range of seriousness for that kind of offending.

1. You have a relevant criminal history with priors for aggravated burglary, burglary, attempted aggravated burglary, home invasion, driving and drug offences, theft and dishonestly retaining stolen goods, all of which were dealt with by the Children's Court with various orders including orders that you participate in offence specific programs and offence specific treatment. You have had one period in adult custody between 27 January 2023 and 31 January 2023.

1. Your personal circumstances were set out in detail in the material filed on your behalf by your counsel.[22]
2. You were 19 years old at the time of offending and are now 20 years old. You have a significant history of trauma including family violence, parental separation, homelessness, and exposure to your mother's mental health and substance abuse issues. You were physically abused by your father with whom you lived for some time in your early years. Both of your parents were incarcerated and Child Protection was involved with you from the age of 5. Until the age of 10 you lived mainly with your grandmother. Sadly, she died, and you then lived with your parents. However, there were persistent issues of family violence and related homelessness, and you were placed in residential care. During your teenage years, you often absconded and stayed with your mother and tried to support her.
3. Due to this instability at home and moving around between kinship care, residential and secure residential care, you had extremely dislocated schooling in both primary and secondary school. You were a regular user of cannabis from the age of 12. You have a borderline IQ and a diagnosis of ADHD, which meant that you struggled with learning and attended a specialist school. You had behavioural and anger issues which led you to disrupt classes and fight with other students. You did not engage socially with other students or teachers. You did not have any formal mental health supports in the community. You disengaged from secondary school for three years before attending Croydon Community College for Senior VCAL, one hour, two days per week, in 2022. You have had a limited employment history and primarily supported yourself through offending behaviours.
4. You have a relevant criminal history with priors in 2022 and 2023 for aggravated burglary, burglary, attempted aggravated burglary, home invasion, theft, and dishonestly retaining stolen goods. You were repeatedly sentenced in the Children's Court to probation and, among other things, a requirement to engage in offence specific interventions.
5. When Youth Justice Community Support Service (YJCSS) began to support you in late March 2022, it was discovered that your birth had not been registered and you did not have a birth certificate. This meant that you had no form of identification and could not obtain any benefits. YJCSS helped you obtain a birth certificate, a Tax File Number, and a Proof of Age card, and also assisted you in opening a bank account and applying for Centrelink benefits.
6. When remanded for Children's Court matters, you were assessed by Orygen Forensic Youth Mental Health Service on 6 August 2022 and 26 August 2022 and were diagnosed with Generalised Anxiety Disorder, complex Post Traumatic Stress Disorder, and Avoidant/Restrictive Food Intake Disorder (ARFID). Your symptoms included excessive worrying accompanied by poor eating and weight loss, poor sleep, recurrent mood swings, anger outbursts, poor impulse control, panic attacks, flashbacks, and impulsive self-harming. A neuropsychological report in November 2022 concluded that you demonstrated some Autistic features but that these could not be clearly differentiated from your significant trauma history.[23]
7. I also note that custodial management concerns were expressed on your behalf on 30 May 2024[24] in relation to your mental health, particularly your distress and anxiety around custodial staff; your withdrawal from cannabis; and your eating disorder and dramatic weigh loss over a period of weeks.
8. You told psychologist, Austin Campbell on 17 February 2025[25] that you spent about 18 months in the community before being remanded on these matters and spent time with your mother, avoiding negative peers. During this period, you engaged with VACCA's Better Futures Program (in April 2023) and enrolled in some courses. According to your case manager at that time,[26] you appeared to want to make better life choices.
9. However, this positive engagement did not continue and your offending occurred in the context of ongoing "negative influence". You told Mr Campbell that you offended for financial gain and did not consider the consequences for yourself or your victims. Mr Campbell found that you had limited insight into your mental health and emotional experiences and had difficulty identifying, communication and expressing experiences of distress. However, he found that you expressed a willingness to engage with recommended supports to address these issues.
10. Mr Campbell concluded that at the time of offending you continued to suffer from Complex PTSD, Generalised Anxiety Disorder and Substance Use Disorder (Cannabis). He considered that your upbringing was very challenging, with exposure to substance use, violence and instability, and that this negatively affected your emotional and social development, resulting in emotional dysregulation and difficulties in forming healthy relationships. These difficulties were compounded by your borderline intellectual functioning. You lacked skills needed to manage your distress without engaging in harmful behaviours. Instead, you engaged in avoidant behaviours including substance abuse or thrill-seeking in an attempt to relieve distress or gain acceptance among your antisocial peers. Mr Campbell considered that you did not receive the additional support you needed in childhood to foster healthy development.
11. Mr Campbell considered that your offending resulted from a number of issues - emotional dysregulation, anti-social associations and anti-social attitudes - as well as maladaptive attempts to have your immediate needs met. He opined that these issues were likely exacerbated by your borderline intellectual function and impaired executive functioning skills. He considered that your time in custody is likely to be more burdensome due to your mental health issues and because you are vulnerable to manipulation, standover and negative influence in the adult correctional system.[27] Edith Campbell also noted that you are a vulnerable young Aboriginal man due to your physical size and impacts of your mental health and trauma background.[28]
12. Mr Campbell considered that your prospects for rehabilitation remain positive with engagement with relevant reintegration and rehabilitation supports. He recommended you engage in mental health and behavioural treatment. However, he concluded that without appropriate treatment, and without an appropriate routine, you are present "as at risk of future offending in response to associations with antisocial peer or due to failure in establishing a healthy lifestyle in the community".[29]
13. I note that Dr Sherwell, the neuropsychologist who assessed you in 2022 recommended a number of measures, including:[30] psychiatric treatment for management of ADHD symptoms; psychological treatment to assist with your mental state and substance abuse issues; vocational guidance; mentorship; ongoing support from VACCA; and assessments by a speech pathologist and occupational therapist to address your communication and sensory issues.
14. I note that your support worker from VACCA since 2021, Kerrie Castor, wrote on 21 August 2025[31] that you have used your time in custody to work, study and connect with culture, and have remained connected with your family and workers. She noted that you have always been polite and respectful towards your workers, and been very supportive of your family. I note that you told Mr Campbell that you lost your position working in the industries area on remand because you did not attend when feeling emotionally distressed. You also told him that you intend to reapply for that position.
15. Your Youth Justice Worker, Amanda Cox, who no longer works with you but attended the plea hearing to support you wrote a letter in which she noted that she worked with you for three years and was keenly aware of the hardships you endured as a child and young person. Your grandmother was the only loving, stable figure in your life, and after she died you spent much of your life trying to survive without proper support and guidance. Your mother struggled with addiction and mental health issues and you were often left to fend for yourself. You offended in that context. She noted that you have never truly been given "a fair chance" and have been let down by Child Protection and other services that were supposed to help you. She considered that access to culturally appropriate programs, mentorship and a stable support system can give you the chance to break the cycle of offending and rehabilitate yourself.

1. It was common ground that your youth is a significant mitigatory factor, that your plea was entered at a relatively early stage, and that you experienced a significantly disadvantaged childhood such as to enliven the principles in Bugmy.[32] It was common ground that you are vulnerable in the adult prison environment due to your Aboriginality, age and slight physique. It was common ground that your sentence is likely to be different from that imposed on your co-accused Enever as you are being sentenced to a greater number of offences than him.[33]
2. In relation to your prospects of rehabilitation, the prosecution conceded that your youth is a factor weighing in favour of these prospects, albeit with the caution expressed by Mr Campbell that such prospects depend on your receiving adequate treatment and support and not falling in with antisocial peers.
3. The parties disagreed about the applicability of Verdins' principles.[34] Your counsel relied on all of the limbs of Verdins. The prosecution acknowledged the relevance of limbs 3 and 5 only of Verdins. The prosecution submitted that the psychological expert material filed did not establish that your offending was driven by your impaired executive function or mental health issues rather than your anti-social peer relationships and personality features. For this reason, Limbs 1, 2 and 4 were not enlivened. It was submitted that on the evidence there is no serious risk of a significant adverse effect of imprisonment upon you so as to enliven Limb 6 of Verdins.
4. The prosecution submitted that the appropriate disposition for your offending is that of a term of imprisonment and non-parole period.
5. At the request of your counsel, I ordered that you be assessed for suitability for a Youth Justice Centre Order. The Pre-Sentence Report dated 17 September 2025[35] found you not to be a suitable candidate for a sentence of youth detention. The parties provided supplementary submissions in relation to this report, which are outlined below.

1. The Pre-Sentence Report assessed you as unsuitable for detention within a Youth Justice Centre for a number of reasons. These include: your lengthy remand to date in adult custody; your history of exploitative and predatory behaviours; the unavailability of suitable management regimes in youth custody; and that whilst in adult custody you have demonstrated that you are not particularly impressionable, immature or likely to be subject to undesirable influences.[36]
2. In this regard, the report noted that you are in the upper chronological age range and you have acted as a leader amongst anti-social peers who are the same age or younger than you and that you have a history of exploitative and predatory behaviours. In addition, you have not disclosed any conflict with other prisoners nor have there been incident reports to suggest conflict in the adult remand centre where you are presently placed. Moreover, despite your active mental health issues, there has been no indication that your various diagnoses have impacted your current remand. It was acknowledged that you have attended a number of group programs. On the other hand, you have been fined and sanctioned for numerous contraband and other infractions whilst on remand.
3. You reported to the authors of the report that you recruited your friends for the offending as it is "easier to tell them what to do and they get shorter jail time". You also attempted to reduce your culpability and accountability by suggesting that you had recruited young people who had their own criminal history. Whilst you were able to identify the impact of your behaviour on the victims, you were not remorseful or empathetic, stating that you could not put yourself in the victim's shoes, as they had not seen the violence and trauma that you had and you "wouldn't be scared".
4. In addressing your prospects for rehabilitation,[37] the report considered a number of factors. Firstly, that you began offending at an early age, and your offending has escalated in type, frequency and severity. Secondly that your current offending is serious, sophisticated and brazen in that you have become the organizer of large-scale offending by others. Thirdly, that you have a history of poor compliance with supervision and your motivation to engage in rehabilitation programs fluctuates. Fourthly, that you have limited pro-social supports and do not have an established framework of pro-social activities, education or employment. Finally, the authors noted that your preference to be transferred to youth custody is motivated by peer connections and interest in a leisurely experience rather than an interest in supports available there.
5. Your counsel's supplementary submissions concerning this report were to the following effect. It was submitted that the question of your suitability for youth detention is a matter to be determined by this Court on the basis of all of the evidence. It was submitted that the authors of the report are not qualified to comment on your mental health in custody and that Mr Campbell's opinion in this regard should be preferred. It was submitted that, contrary to the claims in the report, you have engaged well in the past with professional supports such as VACCA and have retained good relationships with Ms Castor and Ms Cox. It was submitted that the Court should accept that your current eligibility for Centrelink benefits will provide you with a legitimate source of income in the community. It was submitted that while in custody you have participated in programs relating to employment, relationships and substance abuse issues and are motivated to reform. It was submitted that you are motivated to care for your mother and that she has some health concerns which adds to the subjective burden of your time in custody. Finally, it was submitted that on remand you are around older, more entrenched offenders and you instruct that a number of the infractions for which you have been sanctioned are ones committed by others for which you are expected to take the blame.
6. For these reasons and the reasons previously submitted, it was submitted that the Court should make a Youth Justice Centre Order in this case.
7. The prosecution's supplementary submissions were to the effect that the report supports a conclusion that a youth justice centre is inappropriate in this case because of: your age and role in the offending as a leader who modelled behaviour for anti-social peers; the length of time you have spent on adult remand; and your involvement in the incidents involving contraband. It was submitted that neither of the criteria under section 32(1) of the Sentencing Act has been satisfied. In any event, even if one or both of the criteria is/are satisfied, based on the report the Court should exercise its discretion not to make such an order.

1. In sentencing you, the principal considerations are those of denunciation, just punishment, general and specific deterrence, and protection of the community. Rehabilitation, given your youth, is of particular importance. I have also taken into account the principles of proportionality, parsimony and totality.
2. As a whole, the offending the subject of the indictment is disturbing in its sophistication and extent (in terms of numbers of offences and length of period of the offending). You were a 19 year old principal organizer who deliberately recruited young teenagers to commit the offending, which they did while masked and armed. You directed them when and where to offend, largely at night, and against soft targets such as petrol stations and 7-Eleven stores. You provided them with stolen vehicles to use for the offending. You arranged to meet them after the offending to recover the stolen cash and goods, and then on-sold cigarettes for considerable profit. The fact that you may have been recruited by someone else, and occasionally paid for your offending, does not in any way diminish the importance of the role you played in this offending, nor the impact on the community, store owners and store attendants confronted by masked and armed youths. It demonstrates merely that you have used your youth, and the youth of the offenders you recruited, as a means of attempting to avoid more severe penalties usually imposed on adult offenders. The sophistication of your offending and your activities suggests that notwithstanding your various mental health and psychological challenges, you have the capacity to function meaningfully in society without offending.
3. I consider that the burglary, robbery and handling stolen goods offences are serious examples of offences of this kind, for the reasons outlined above. The thefts of motor vehicles were inextricably linked to that offending. The driving offences which you committed alone and separately from that offending are also serious examples of driving offences. I consider that drug offences on the indictment to be at the lower end of seriousness for this kind of offending. I accept that the summary charges are largely connected to the offending the subject of the indictment.
4. I accept the matters relied upon in mitigation. Your plea was entered at a relatively early age. You participated genuinely in the Sentencing Conversation with your elders. There is no doubt that you experienced a significantly disadvantaged childhood such as to enliven the principles in Bugmy and to warrant some reduction in moral culpability. Your youth is a particularly important factor in the sentencing synthesis. I accept that you currently have a number of significant impairments in terms of intellect and the conditions of Complex Post-Traumatic Stress Disorder, Generalised Anxiety Disorder, ADHD, and ARFID.
5. As to the applicability of Verdins principles, having carefully considered the expert opinions of Mr Campbell and Dr Sherwell, I am satisfied, for the following reasons, that Limbs 1 to 5 of Verdins are enlivened.
6. I accept that your borderline intellectual functioning and your mental impairments of ADHD, Generalised Anxiety Disorder, ARFID and Complex Post-Traumatic Stress Disorder were all present at the time of offending.
7. On the authorities,[38] impaired mental functioning may reduce moral culpability in a number of ways. One of these ways is by causally contributing to the commission of the offences. The other ways include: where impaired mental functioning impairs an offender's ability to exercise appropriate judgment; made the offender disinhibited, impaired the offender's ability to think clearly or to appreciate the wrongfulness of the offender's conduct.
8. I acknowledge that your offending shows that you were able to play an important role in recruiting and organizing the principal offenders to commit the robberies and burglaries, in providing them with stolen cars, recruiting them, in directing them, in taking possession of the stolen goods and in arranging to on-sell them.
9. However, on the totality of the evidence before me I consider that your depleted impaired psychological condition and intellectual deficit had the effect of impairing your ability to exercise appropriate judgment, made you disinhibited and impaired your ability to fully appreciate the wrongfulness of your conduct. For these reasons, I consider that your mental and intellectual impairments reduce your moral culpability and therefore warrant some modest moderation of the need for denunciation and general deterrence. I consider that specific deterrence ought to be moderated to a limited extent because you continue to suffer from these impairments, and these impairments continue to affect your attitudes, capacities and behaviours. Nonetheless, given the skills you displayed in organizing the offending and your role in recruiting young peers to offend, specific and general deterrence must maintain weight in the sentencing process.
10. I consider that these conditions are still present and that you require treatment for all of these conditions apart from your intellectual issues. I consider that the existence of these conditions means that the sentence imposed upon you will weigh more heavily upon you than it would upon a person in normal health. However, I am not satisfied on the material before me that there is a serious risk of imprisonment having a significant adverse effect on your mental health.
11. I turn to your suitability to undergo a Youth Justice Centre Order.
12. Section 32(1) of the Sentencing Act 1991 ("the Act") provides:

(1) Subject to subsections (2A), (2B), (2C) and (2D), if a sentence involving confinement is justified in respect of a young offender a court may make a youth justice centre order or a youth residential centre order if it has received a pre-sentence report and -

(a) it believes that there are reasonable prospects for the rehabilitation of the young offender; or

(b) it believes that the young offender is particularly impressionable, immature or likely to be subjected to undesirable influences in an adult prison.

(2) In determining whether to make a youth justice centre order or a youth residential centre order, a court must have regard to -

(b) the age, character and past history of the young offender.

1. In relation to your prospects of rehabilitation, whilst your youth and previous positive engagement with youth workers are matters in your favour, I note Mr Campbell's conclusion expressed some caution that you are at risk of reoffending unless you receive adequate treatment and support and do not fall in with antisocial peers. Mr Campbell concluded[39] that you developed antisocial personality features and antisocial peer relationships and that your offending appears to stem from these along with your "borderline intellectual functioning and impaired executive functioning skills".[40]
2. On the material before me, however, particularly the escalation in the type and extent of your offending, I am unable to be satisfied that these prospects are reasonable and I consider that they remain guarded.
3. I accept on the evidence before me that you are immature. I also accept that you are vulnerable in the adult custody environment because of your impairments, Aboriginality, youth and slight physique.
4. I have taken into account the submissions of the parties concerning the weight to be given to the pre-sentence report. I accept that Mr Campbell is qualified to comment on your mental health conditions whereas the authors of the report are not. I acknowledge the possibility that you are not personally responsible for all of the infractions for which you have been sanctioned whilst on remand but do not accept your instructions to counsel, if that is what you told her, that you bear no responsibility for any of the incidents noted. I consider that a fair reading of the report in relation to the comment about your predatory behaviour refers to your recruitment of young persons to commit the offending. To that extent, the description is an apt one.
5. However, despite your immaturity, and even if your prospects of rehabilitation were to be regarded as better than guarded, that is, reasonable, I consider it inappropriate to make a youth justice centre order because of the very serious nature and extent of your offending, together with your age, anti-social personality characteristics and behaviours and past history, to which I have referred above, together with your limited pro-social supports, and the infractions committed during your time in adult remand.
6. For these reasons, I propose to impose a sentence of imprisonment with a non-parole period.
7. I note that there is no issue of parity with the sentence imposed on your co-accused Enever as you are being sentenced to a greater number of offences than him.[41]

1. You are to be sentenced, among other things, on an indictment comprising 61 charges. In this case, consistent with the provisions of section 32A of the Act, I consider it appropriate to impose aggregate sentences in relation to each of four categories of your offending: robbery and attempted robbery (17 charges); handling stolen goods (12 charges); burglary and attempted burglary (23 charges); and theft of motor vehicle (5 charges). To the extent that sentences for the attempt offences differ from the completed offences, I have taken that into account. The reason for doing so is that in relation to each category of offending, the offences committed are the same or similar in character (albeit at different locations and at different times) and your role is the same (organizer rather than principal offender).
2. For the same reasons, I consider it appropriate to impose an aggregate sentence in relation to 5 summary charges of fraudulently use registration label.
3. I also consider it appropriate to impose an aggregate sentence in respect of your driving offences, that is, the 2 charges (56 and 57) of conduct endangering persons, as they each concern driving at excessive speed.
4. I also consider it appropriate to impose an aggregate sentence in respect of your drug offences, that is, traffick a drug of dependence (charge 58) and possess and drug of dependence (charge 60).
5. When making orders for cumulation I have taken care to apply the principles of parsimony and totality.
6. I sentence you as follows.
7. On the 15 charges of robbery (that is, charges 5, 6, 15, 19, 29, 31, 33-35, 37-38 41-42, 44 and 53), and 2 charge of attempted robbery (that is, charges 36 and 39), you are sentenced to an aggregate sentence of 2 years' imprisonment. This is the base sentence.
8. On the 12 charges of handling stolen goods (that is, charges 9, 10, 13, 14, 17, 20, 26, 28, 45, 52, 55 and 61), you are sentenced to an aggregate sentence of 6 months' imprisonment. 4 months of this aggregate sentence is to be served cumulatively upon the base sentence.
9. On the 21 charges of burglary (that is, charges 3, 4, 7, 8, 11, 12, 16, 18, 21-23, 30, 32, 40, 43, 47-51 and 54) and 2 charges of attempted burglary (that is, charges 24 and 25), you are sentenced to an aggregate sentence of 1 year and 8 months' imprisonment. 9 months of this aggregate sentence is to be served cumulatively upon the base sentence.
10. On the 5 charges of theft of a motor vehicle (that is, charges 1, 2, 27, 46 and 59), you are sentenced to an aggregate sentence of 6 months' imprisonment. 3 months of this aggregate sentence is to be imposed cumulatively upon the base sentence.
11. On the 2 charges of conduct endangering persons (that is, charges 56 and 57), I impose an aggregate sentence of 3 months' imprisonment. 1 month of this aggregate sentence is to be served cumulatively upon the base sentence.
12. On the charge of traffick a drug of dependence (charge 58) and possess a drug of dependence (charge 60), I impose an aggregate sentence of 2 months' imprisonment. 1 month of this aggregate sentence is to be served cumulatively upon the base sentence.
13. On the 5 summary charges of fraudulent use of registration label, (summary charges 128, 129, 156, 170 and 179) I impose an aggregate sentence of a fine of 10 penalty units.
14. On the single summary rolled up charge of unlicensed driving (summary charge 173) between 10-27 March 2024 I impose a sentence of 1 months' imprisonment.
15. On the single summary charge of trespass (summary charge 148), I impose a sentence of a fine of 10 penalty units.
16. On the single summary charge of possess controlled weapon without excuse (summary charge 178), I impose a sentence of one months' imprisonment. This sentence is to be served cumulatively upon the base sentence.
17. The total effective sentence is that of 3 years and 7 months' imprisonment, with a non-parole period of 2 years and 3 months.
18. I declare that there are 482 days of pre-sentence detention, not including today, which are to be deducted administratively from this sentence.
19. I indicate, pursuant to section 6AAA of the Sentencing Act that, but for your plea of guilty, I would have sentenced you to a total effective sentence of five years and eight months' imprisonment with a non-parole period of three years and two months.
20. As the charge of car theft carries a mandatory interference with a driver's licence and as you are not the holder a licence, I proposed to disqualify you from obtaining one for a period of 6 months. This will be noted on the court's records.
21. I make the forfeiture order sought by the prosecution.

[1] Charges 5, 6, 15, 19, 29, 31, 33, 34, 35, 37, 38, 41, 42, 44, 53.

[5] Charges 9; 10; 13; 14; 17; 20; 26; 28; 45; 52; 55; 61.

[6] Charges 3; 4; 7; 8; 11; 12; 16; 18; 21; 22; 23; 30; 32; 40; 43; 47; 48; 49; 50; 51; 54.

[10] Summary charge 173 (rolled-up charge): maximum penalty 6 months' imprisonment or a fine of up to 60 penalty units.

[11] Summary charge 148: maximum penalty 6 months' imprisonment or a fine of up to 250 penalty units.

[12] Summary charges 128, 129, 157, 170, 179: maximum penalty of 2 months' imprisonment or a fine of up to 10 penalty units.

[13] Summary charge 178: maximum penalty 1 year imprisonment or a fine of up to 120 penalty units.

[14] This summary is based on the Truncated Summary of Prosecution Opening filed at the plea hearing.

[15] See for example the Summary of Prosecution Opening for Plea in relation to charges 19, 24, 29, 33, 37, 41, 42 and 44.

[18] Honeysett v Queen [2018] VSCA 214; (2018) 56 VR 375.

[19] Psychological Assessment Report of Austin Campbell dated 26 February 2025 [22].

[20] Victim Impact Statement of Hafiz Rehman dated 7 April 2025.

[21] Victim Impact Statement of Justine Roberts dated 31 March 2025.

[22] Report of Austin Campbell (above n 19); Jesuit Social Services letter of Edith Campbell dated 13 June 2024; VACCA letter of Kerrie Castor dated 21 August 2025; Neurodevelopmental Disorders Service Report of Dr Sarah Sherwell dated 15 November 2022; Letter of Amanda Cox (undated).

[23] Report of Dr Sarah Sherwell (above n 22) [10].

[24] Department of Justice and Community Safety Advanced Case Manager Letter of Chloe O'Toole dated 30 May 2024.

[25] Report of Austin Campbell (above n 19).

[26] Letter of Edith Campbell (above n 22).

[27] Report of Dr Austin Campbell (above n 19) [33].

[28] Letter of Edith Campbell (above n 22).

[29] Report of Dr Austin Campbell (above n 19) 8.

[30] Report of Dr Sarah Sherwell (above n 22) [10].

[31] Letter of Kerrie Castor (above n 22).

[32] Bugmy v The Queen [2013] 249 CLR 571.

[33] Brodie Enever was sentenced on 27 June 2025 to 12 months, 21 days' imprisonment and a two-year CCO with supervision, alcohol and drug treatment, mental health and offence specific programs conditions.

[34] R v Verdins & Ors [2007] VSCA 102 ('Verdins').

[35] Suitability of Youth Justice Centre Order Pre-Sentence Report dated 17 September 2025.

[36] S 32(1)(b) Sentencing Act 1991 (Vic).

[37] S 32(1)(a) Sentencing Act 1991 (Vic).

[39] Report of Dr Austin Campbell (above n 19) [28].

[41] Brodie Enever was sentenced on 27 June 2025 to 12 months, 21 days' imprisonment and a two-year CCO with supervision, alcohol and drug treatment, mental health and offence specific programs conditions.