DPP v Saeed [2025] VCC 1940

Circumstances of the Offending, Arrest and Remand

1. The full circumstances of your offending are set out in the Summary of Prosecution Opening dated 9 December 2025 which was tendered as Exhibit A on the plea.
2. However, in shorter compass, on 14 November 2022 at approximately 4.25pm, both yourself and the victim - Anastasios Patroungas - were walking in the vicinity of Victoria Street and Lennox Street in Richmond. At the time Mr Patroungas was carrying a black Adidas bag over his shoulder which contained his phone, his methadone, some disposable masks, and the keys to both his Mazda CX-7 and his house.
3. You knew of Mr Patroungas as there had been an incident two days earlier in which the two of you had been involved. Upon seeing Mr Patroungas, you approached him, put your arm around his shoulder and brandished a knife at him whilst saying, 'come around the corner or I'm going to put a fucking hole in you'. You then escorted Mr Patroungas to Lennox Street. Whilst the two of you were walking down Lennox St you were joined by your two co-accused - 24-year-old William Le who was on foot, and 41-year-old Faruk Cansiz who was coming the other way on an electric scooter. The three of you walked Mr Patroungas along Lennox Street and into an unnamed laneway and throughout this time you continued to hold the knife towards Mr Patroungas.
4. Once you got into the laneway you said to Mr Patroungas, 'you're a fucking dog, you guys called the cops the other day'. You also said, 'give me everything you've got'. At this point, Mr Le also joined in and demanded that Mr Patroungas, 'hand everything over'. Mr Le then went behind Mr Patroungas and placed him in a chokehold. Whilst Mr Le was holding Mr Patroungas, you used the knife you were holding to cut the straps of Mr Patroungas' black Adidas bag (Charge 1 - armed robbery). Whilst cutting the straps of the bag with the knife, you caused lacerations to the chest, hands and fingers of Mr Patroungas (Charge 2 - recklessly cause injury).
5. Eventually you managed to cut the bag loose and you passed it to Mr Cansiz. The three of you then started to walk away on Lennox Street, with Mr Patroungas following you. When you realised he was following you, you turned around and told Mr Patroungas that you would stab him if he did not stop following you.
6. A short time later, the three of you were seen by police walking through the nearby streets. Mr Patroungas told one of the police members that he had just been robbed by three males and pointed towards the three of you. As police members started to approach your group, Mr Le started running, and Mr Canzis sped off on his electric scooter. You also took off, cutting through nearby parkland to avoid apprehension.
7. As a result of the incident, Mr Patroungas suffered multiple lacerations to his hands, arms and torso. He was provided with first aid for his injuries by police but refused to be assessed by paramedics.
8. The following day, at approximately 3.10pm, you were arrested in Richmond. Police members searched you and located a wooden handled flick knife and a red Swiss army knife in your satchel bag (related summary Charges 6 and 7). Your vehicle was also searched and a box cutter was located in the centre console (related summary Charge 8). Following the searches being conducted you were taken to the Melbourne West Police Station where you were charged and remanded.
9. You remained in custody until 31 May 2023 when you were bailed. You were then subsequently remanded in custody on other matters, resulting in your plea in this matter being adjourned. At the time of the adjournment, I further remanded you in relation to this matter. As a result you have 430 days of presentence detention referable to this offending available to you on sentencing.

1. Mr Patroungas declined to provide a victim impact statement on the plea, and I have limited information about the extent of the injuries to his hands, arm and torso. However, whilst I do not have any statements before me by which I can assess whether there has been any ongoing impact of your conduct, it is clear that your conduct would have been terrifying at the time - as conceded by your counsel. I have taken this victim impact into account in sentencing you in this matter.

1. You have a relatively lengthy and relevant prior criminal history. You first came before the court in 2000 and 2001 (when you were 23 and 24 years of age) with a consolidation of dishonesty and driving offences, and a standalone offence of possessing a dangerous article. You then remained out of trouble for some 10 years, before again coming to the attention of the courts in August 2011 with a consolidation of dishonesty and weapons offences for which you received a suspended sentence and a community correction order.
2. Between August 2011 and August 2014 you had regular appearances before the court for drug, driving, dishonesty and weapons offences. Of particular note, in August 2014, you were sentenced in the County Court for armed robbery, intentionally causing injury and failing to answer bail and received a total effective sentence of 21 months and seven days' imprisonment, with no non-parole period recorded.
3. There was then a further break in your criminal history to July 2021 when you were again sentenced for a consolidation of drug, driving, dishonesty, injury, and weapons offences. You were sentenced to a total effective sentence of nine months' imprisonment combined with a 12 month community correction order. This was the last matter for which you were sentenced prior to the current offending.
4. As I will come to shortly, you are someone who has struggled with drug addiction over the years and your criminal history is reflective of those struggles. Those struggles are also reflected in the subsequent matters for which you were sentenced in the Magistrates' Court in March of this year - which again were a consolidation of drug, driving and weapons offences.
5. The length of your prior criminal history and the escalated nature of your current offending are both matters which I must take into account when assessing the weight to be given to the sentencing purposes of specific deterrence, rehabilitation and community protection. Insofar as your subsequent criminal history is concerned, I cannot, and I do not intend to further punish you in respect of your subsequent offending. However, your subsequent convictions do have some relevance to sentencing in this matter in that, like your prior convictions, they bear upon my assessment of your prospects of rehabilitation and the weight which I might give to rehabilitation as a sentencing purpose.

1. There is no dispute that the offences of armed robbery and recklessly causing injury are, by their nature, serious offences. This is reflected in the maximum penalties which Parliament has set for these offences. There is also no dispute that your offending on this occasion was serious offending. Whilst I accept that your offending was largely spontaneous, did not extend over a long period of time, and does not appear to have resulted in extensive injuries to Mr Patroungas, this was offending which occurred in company, on a public street, during daylight hours. You instigated the incident. You were the one who approached Mr Patroungas, and produced and used the knife; and you were solely responsible for the injuries inflicted on Mr Patroungas. In all of the circumstances, I am of the view that each of the offences of armed robbery and recklessly causing injury fall in the mid-level of seriousness for this kind of offending.
2. Similarly, in respect of the three offences of possessing a controlled weapon without excuse, I am of the view that these offences are mid-level examples of such an offence given the nature and number of items involved. However, given that all three charges are of the same nature and arise from a single occasion, I am of the view that it is appropriate to impose an aggregate term of imprisonment for those three charges.

1. This matter has a relatively lengthy history. As I have already identified the offending occurred on 14 November 2022 and you were arrested and charged on 15 November 2022. The matter commenced in court with a filing hearing the next day - 16 November 2022 - and then, fairly rapidly, proceeded to this court on 12 May 2023 following a contested committal. At that stage, the charges against you included not only the current offences but also charges relating to an incident on 12 November 2022.
2. The matter then proceeded through a number of stages in this court. In early to mid-2024 each of you and your co-accused pursued sentence indications. You decided to proceed with a trial following your sentence indication, whilst each of your co-accused entered pleas of guilty. Your trial in respect of both incidents was subsequently listed to proceed on 17 February 2025, however it had to be adjourned due to you being hospitalised. The matter then resolved to the current charges on 12 August 2025, however, there has been some further delay in the matter coming to finalisation due to reports not being ready for the original plea date in October 2025.
3. Whilst your plea was not entered at the earliest opportunity, it is still an important plea. It has saved the time and cost of this matter being heard at trial, facilitates the course of justice, and reflects both an acknowledgement by you of responsibility for your offending and a level of remorse. In all of the circumstances I have given you a significant reduction in sentence by reason of your plea of guilty.

1. You are now 48 years of age. You were born in Egypt as the second of four children to your parents. Your family relocated to Australia when you were young and you lived and attended school in Australia until you were approximately 15 or 16 years of age.
2. I am told that you had a difficult childhood. You report that you were subjected to physical violence in the home with your father beating you on a daily basis, and your mother, at times, also being violent. You had some difficulties at school in terms of concentration and behaviour which impacted upon your learning and behaviour. You also worked in your father's businesses from an early age - mostly in shops such as mini market, gift shop and florist.
3. Your parents separated when you were 15 years of age and your father returned to Egypt to live. You were sent to live with him shortly thereafter. You continued with your schooling in Egypt, and ultimately completed the equivalent of Year 11. You found the transition to school in Egypt difficult given your limited Arabic skills at the time.
4. It was whilst you were at school that you first started to use cannabis, however you did not start daily use until you were 17 or 18 years of age. You also occasionally used cocaine, methamphetamine and benzodiazepines.
5. On completion of school you completed Diplomas in tourism and IT. You also worked in your father's restaurant and café. At 19 years of age you married your first wife. The two of you had a child together, however, tragically your child died at three years of age. This placed significant strain on both you and your wife and your marriage broke down.
6. Shortly thereafter, you suffered the first of two significant accidents when you fell from a third storey balcony of a building in Egypt. You sustained two broken ankles as well as back injuries as a result of this incident and were hospitalised for a few weeks. You have ongoing mobility difficulties and chronic pain as a result of these injuries.
7. In the aftermath of this incident you were prescribed morphine to assist with the pain you were experiencing from your ankles. You became dependent on morphine and suffered significant withdrawal symptoms after you were discharged from hospital. It was in this setting that you first used heroin - and then became a frequent user of heroin for the next fifteen or so years until 2015.
8. Two years after falling from the balcony, at 24 years of age, you suffered another significant accident whilst in Egypt. You were hit by a bus resulting in fractured arms and fractured vertebrae in the neck. In the aftermath of these additional injuries, you again relied on heroin to manage the pain.
9. At 26 years of age, you re-married. You have three daughters from that marriage - Jana who is now 21 years of age, Judy who is now 16 years of age and Jayda who is now 13 years of age. In 2008, whilst you were still living in Egypt your father passed away. In 2011, when you were 34 years of age, you relocated to Australia with your wife and children as a result of the Arab Spring uprising, and have remained in Australia since that time.
10. Since your return to Australia, you have predominantly been on a disability support pension as a result of your ongoing chronic pain and mobility difficulties. You are unable to drive and rely on family members for transport.
11. Despite your ongoing physical difficulties, I am told that in the period between 2015 and 2021 you managed to remain abstinent from heroin - a fact which is supported by the break in your criminal history during that time. However, you started to have problems in your marriage during the COVID era and relapsed into heroin use. Just prior to the current offending you had separated from your wife, were couch surfing, and were again using heroin on a daily basis.
12. Following your release on bail for these matters, you participated in the County Court Court Integrated Services Program (or 'CISP') and ultimately resumed living with your mother who is unwell. You also rekindled your relationship with your three girls - and continue to have contact with them now despite your subsequent remand. I received a copy of the CISP report dated 3 September 2024 on the plea which confirmed your engagement with that program over a period of some 10 months as at that stage. Your involvement in that program including engagement with a case manager, a general practitioner and a drug and alcohol counsellor amongst other things.

1. Two reports in respect of your mental health were tendered on the plea. The first was a report authored by neuropsychologist Ms Catherine Prado and dated 29 November 2023. That report had been prepared for cognitive assessment purposes while you were engaging in the Court Integrated Services Program in 2023. The second was a report authored by psychologist Mr Aaron Cunningham dated 5 December 2025, which had been prepared specifically for the purposes of this plea.
2. Both Ms Prado and Mr Cunningham make reference to your previous psychological and psychiatric history - and the fact that in 2022 you were diagnosed by a psychiatrist as suffering from Attention Deficit Hyperactivity Disorder (or 'ADHD'). You are currently medicated for that condition in custody with Vyvanse, and have found the medication helpful in controlling your symptoms.
3. In terms of your cognitive functioning, Ms Prado assessed your overall level of intellectual functioning as falling within the low average range for your age group. She was of the view that you do not suffer from an acquired brain injury however, she noted that you do have difficulties with high level attention skills which are consistent with your previous diagnosis of ADHD, in conjunction with other factors including your chronic pain, chronically poor sleep and very high levels of acute psychological distress. Ms Prado noted that it was her impression that in combination, those factors were likely to be adversely impacting upon your everyday cognitive-behavioural functioning, particularly during times of acute distress. Ms Prado recommended that you be referred to a specialty pain clinic and engage in treatment for your mental health.
4. Mr Cunningham similarly noted your ongoing depression and anxiety and was of the opinion that you meet the criteria for a Major Depressive Disorder. Mr Cunningham noted that in his view, your depression stems from the grief and loss arising from the death of your child and the death of your father, combined with your chronic pain and life instability. He is of the view that your depression is a significant contributor to your drug abuse, with you using heroin to escape both physical and emotional pain. In turn, he is of the opinion that your drug abuse and related association with drug abusing peers are the main contributors to your offending behaviour.
5. Mr Cunningham assessed you as being a moderate to high risk of future violent offending - noting that ceasing drug abuse would be the main factor in decreasing your risk of violence. To that end, Mr Cunningham recommended that you undergo drug and alcohol counselling, participate in psychological interventions to treat your depression, grief and loss, and engage with a pain management clinic to decrease your chronic pain.
6. Mr Miller submitted on your behalf that whilst the material before the court does not establish that your moral culpability for your offending is reduced to any great degree, the reports are still relevant in that they establish that any time you spend in custody will weigh more heavily upon you than someone without those same mental health issues. Further, Mr Miller submitted that your mental health issues are relevant to sentencing in a general way as they help establish the context in which the current offending occurred. Mr Turner did not take any issue with those submissions, and I accept that your mental health does have relevance to sentencing in the manner contended for by Mr Miller. I do note however that your mental health is just one of a number of matters which work together to increase the burden of any term of imprisonment which you face.

1. In addition to the two serious accidents which you experienced in your early twenties, you also have a medical history which includes recurrent deep vein thrombosis, hypertension, chronic back pain and chronic ulcers on your legs. These difficulties are documented in the medical material which was tendered on your behalf on the plea. Most recently you have also been diagnosed with a staph injection which has caused you considerable concern, as your father passed away in hospital as a result of a golden staph infection.
2. I am told that as a result of a combination of your injuries and other medical issues you are in constant pain which is particularly bad in the morning. Your pain impacts on your sleep and movement and you are only able to walk short distances. By the end of the day, you struggle to stand up for muster. In custody, this has limited your ability to engage in work or education opportunities and you find yourself largely restricted to sitting in your room. You are currently prescribed a number of different medications to deal with your medical conditions including blood thinners, and Lyrica and Panadol Osteo for pain management. This medication is in addition to the medication you are receiving for your mental health issues, and your monthly injection of buprenorphine.

1. I also received material on the plea pertaining to your mother's ill health. Your mother has suffered multiple strokes in the past few years which have severely impaired her mobility. She requires a four wheel walking frame in order to move, is unable to drive, has poor grip and limited function of her right hand and fingers. Additionally, your mother suffers from diabetes and has a catheter inserted to deal with urology issues. Your mother's doctor notes that she does not have a capacity for independent living and needs carer support on a daily basis. She also requires regular medical reviews for her various issues. I am told that you are greatly concerned for your mother's wellbeing and you have a particular concern that she may pass away whilst you are in custody. Whilst you acknowledge that your incarceration is due to your own conduct, this does not decrease your concern for her health and welfare.
2. I am of the view that taking into account the combination of your mental health issues, your physical health issues, and your concerns for your mother's welfare, you do face an increased burden of imprisonment than others who are not having to deal with those same issues. I have taken this additional burden of imprisonment into account in your favour in sentencing you.

1. Insofar as your prospects of rehabilitation are concerned, I accept that despite your lengthy criminal history, the seriousness of your offending, and your ongoing struggles with drug misuse, you do still have reasonable prospects for rehabilitation so long as you address your mental health issues, your chronic pain and your associated drug issues.
2. You have managed to demonstrate tangible steps towards rehabilitation in the past - both in the period between 2015 and 2021 where you managed to abstain from heroin use over an extended period of time; and also more recently through your positive engagement with the CISP program whilst on bail. You are currently receiving, and being compliant with, a monthly buprenorphine injection as well as medication for your ADHD and depression. You also have the ongoing support of your mother and three daughters - each of whom are motivators for you to stay out of trouble.
3. I am of the view that in all of the circumstances it is important to still give rehabilitation some weight in the sentencing synthesis despite the gravity of your current offending - and as identified by your counsel - that rehabilitation can only be received in your case by you receiving the opportunity for an extended period of time under supervision in the community on parole.

1. In sentencing you, I must have regard to the principle of parity which is an aspect of equal justice. Parity does not require that each offender receive the same sentence for the same offence. Rather the circumstances of each offender's role in the offending and their individual circumstances must be considered, and any significant disparity in the sentences imposed must be capable of rational explanation.
2. As I have already identified, Mr Le entered a plea of guilty in relation to the offending the subject of this incident on 9 February 2024. He pleaded guilty to one charge of robbery, and an unrelated charge of possession of a drug of dependence. On 13 March 2024 he was sentenced to 79 days' imprisonment (time served) and a community correction order for a period of 15 months, with conditions requiring him to be subject to supervision, undergo treatment for drug addiction, undertake programs, and complete 150 hours of unpaid community work.
3. Mr Cansiz entered a plea of guilty to the offending the subject of this incident on 12 June 2024. He pleaded guilty to one charge of robbery. On 26 July 2024 he was sentenced to 88 days' imprisonment (time served) and a community correction order for a period of eight months with conditions requiring him to be subject to supervision, undergo treatment for drug addiction and mental health issues and undertake programs to reduce reoffending.
4. In your case, there will be a significant disparity in the sentence imposed upon you, and the sentences imposed upon your co-offenders. In my view this is warranted for a number of reasons.
5. As I have already identified, each of your co-accused pleaded guilty to the lesser charge of robbery - rather than armed robbery - and did not fall to be sentenced in respect of the injuries caused to Mr Patroungas. This is reflective of the more substantial role which you took in the offending as compared to their respective roles.
6. Additionally, the background and personal circumstances of each of your

co-accused differs from yours. Mr Le is substantially younger than you; has a shorter, albeit still serious, criminal history; and entered his plea at a significantly earlier time. Mr Canzis also entered his plea at an earlier time; suffered a traumatic brain injury at 18 years of age which has resulted in a permanent and ongoing cognitive impairment; and has a full-scale IQ of 75 - the latter matters resulting in reduced moral culpability for his offending. 7. Accordingly, whilst it was open in the case of each of your co-accused to impose a disposition which involved the combination of a period of time served and a community correction order, a similar disposition would not be appropriate in your case as it would fail to meet all of the relevant sentencing purposes.

Sentencing Submissions, Comparable Cases and Current Sentencing Practice

1. Turning now to sentencing submissions, both Mr Miller on your behalf, and Mr Turner on behalf of the prosecution, submitted that a term of imprisonment with a non-parole period is the only appropriate disposition in this matter. Mr Miller additionally submitted that given your circumstances, the sentencing purposes of rehabilitation and community protection would be best served by you being given the opportunity for an extended period of supervised treatment in the community following your release from custody. I agree with that submission. It is clear from the material before me that your long-term rehabilitation is dependent upon you addressing your mental health and chronic pain issues, in combination with undergoing treatment for your related resort to drug use to deal with those issues.
2. In terms of the length of the sentence to be imposed I have had regard to current sentencing practice generally. Sentences imposed for armed robberies can vary greatly from combination sentences - as received by your co-accused for robbery, they can also be imposed for armed robbery - to very lengthy terms of imprisonment with lengthy non-parole periods. This reflects the very wide variety of circumstances in which armed robberies are committed and the very wide variety of personal circumstances of the offenders involved. Each of the cases I looked at turned (as they must) on their own facts, which are different from the facts in your case, and the sentencing Judge's intuitive synthesis of those facts in light of the applicable sentencing principles. As such, previous cases are of assistance as examples of the application of the relevant sentencing principles applicable in the area, but otherwise can be no more than yardsticks that may be able to illustrate (although not define) the possible range of sentences available. Therefore, whilst I have had regard to previous sentences imposed and the issue of comparative sentencing and current sentencing practices more broadly, I have sentenced you in this case on the basis of the application of the principles to the specific facts of you and your case.

Sentencing Purposes and Other Sentencing Principles

1. The only purposes for which sentences may be imposed are just punishment; deterrence (general and specific) - so that is deterring others in the community from committing this type of offence in the future and also deterring you from committing this type of offence in the future; rehabilitation; denunciation; and protection of the community.
2. Given the nature and gravity of your offending, and your prior criminal history, the sentence which I impose today must be of a nature which denounces your conduct, administers just punishment and deters yourself and others from committing similar offences in the future. However, for the reasons I have already identified, I am of the view that community protection and rehabilitation also have a role to play in sentencing you.
3. In the circumstances, whilst I am going to impose a term of imprisonment upon you which is of such a length that a non-parole period is required, I also intend to provide you with an opportunity for an extended period of time on parole to allow for you to receive intensive supervision and support on your release from custody.
4. I note that in determining the length of sentence to be imposed, I have taken into account the principle of totality and I have borne in mind that any sentence which I impose must still be of an appropriate length if you are not granted parole and are required to serve every day of it.

1. Mr Saeed, having taken all of the above matters into consideration, I sentence you as follows.
2. On Charge 1, armed robbery, you are convicted and sentenced to a term of imprisonment of two years and three months and that is the base sentence.
3. On Charge 2, recklessly cause injury, you are convicted and sentenced to a term of imprisonment of 12 months.
4. On summary related Charges 6, 7 and 8, you are convicted and sentenced to an aggregate term of imprisonment of four months.
5. I direct that four months of the sentence imposed on Charge 2, and two months of the aggregate sentence imposed on summary related Charges 6, 7 and 8 be served cumulatively on the sentence imposed on Charge 1.
6. So that makes a total effective term of imprisonment of two years and nine months. That is the total overall sentence.
7. I direct that you serve a minimum period of one year and eight months before becoming eligible for parole.

1. The period of 430 days of pre-sentence detention, not including today's date, 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 records of the court.
2. I think that equates to around one year and two months, perhaps, around about that amount that you have already done and you need to do a minimum of one year and eight months, before you become eligible for parole. It is about another six months before you become eligible for parole.

S6AAA Declaration

1. Pursuant to s6AAA of the Sentencing Act 1991, I indicate that had you pleaded not guilty to the charges for which you received a term of imprisonment today and then proceeded to trial and been convicted of them, you would have been sentenced to a term of imprisonment of four years with a non-parole period of two years and nine months. So although your plea of guilty was at a later stage, you still received a significant discount for that plea of guilty.

1. Pursuant to s9 of the Control of Weapons Act 1990 (Vic), I make a forfeiture order in respect of the following property:

(a) one wooden-handled flick-knife;

(b) one red pocket knife; and

(c) one 'Kincrome' box-cutter.

1. That was it for the ancillary orders, wasn't it Mr Cecil? There were no other ancillary orders sought?
2. MR CECIL: No, Your Honour.

1. Are there any matters which either of you wish to raise at this stage in respect of either the sentence or the reasons for sentence?
2. MR MILLER: No, Your Honour.