DPP v Salesui [2025] VCC 1190

1. On 23 September 2022 the complainant provided the CCTV footage to police. Police identified you on the footage from previous dealings.
2. Police made enquiries on your phone and identified that you called the number registered to Mr McFarland nineteen times on the morning of the offending.
3. Police then identified Mr McFarland as the second person in the CCTV from previous dealings and his distinctive tattoos.

1. On 8 November 2022, you were arrested and transported to Dandenong Police Station for processing.
2. A search warrant was executed at your residence and police seized clothing identical to that worn by you in the CCTV. A warrant was simultaneously executed at Mr McFarland's address and he was arrested.
3. During a search of Mr McFarland's property, police also located heroin and he was charged with the offence of trafficking in a large commercial quantity of the drug. This is a charge that does not concern you.
4. You were initially remanded in custody and you have a total of 46 days in pre-sentence detention.

1. The charges you have pleaded guilty to are serious, as indicated by the maximum penalties.
2. In respect of the aggravated burglary, I have assessed its gravity against the considerations outlined in the case of DPP v Meyers[1], as referred to by the prosecution. I take into account that: your intent, as pleaded, was to assault; there was clearly a degree of planning to your offending; you were in company; you were armed with an imitation firearm; your attendance was in the middle of the day; you forcibly kicked the garage door in; you were inside the building for approximately one minute; your entry was confined to the garage and not a dwelling and the occupants of the home were fortunately not home. Overall, when viewed against these factors I accept that there are objectively more serious examples of this offence. However, what elevates the seriousness of your offending is that you were in company, in possession of an imitation firearm, and acting with an intention to assault.
3. In respect of charge 2, the possession of a firearm is serious and you were a prohibited person. I accept the prosecution submission that the offending here is aggravated by that imitation firearm being used in the commission of an offence. I am mindful of the need to properly recognise the criminality of each charge and avoid double punishment.
4. In respect of charge 3, I take into account the value of the items stolen and accept that the theft itself was seemingly opportunistic. Your counsel highlighted the entry into the garage of the house was very brief and the pair of you leave, exiting wearing the gloves the subject of the theft.
5. The prosecution submit that charges 1 and 2 in particular are serious offences, for the reasons I've already canvassed. In addition, they submit that you were seeking out those responsible for the death of your cousin but attended the wrong address. They submit that general deterrence, denunciation and just punishment are important sentencing considerations for offending of this nature. The application of general deterrence and community protection are also significant given your criminal history.
6. Your Counsel submits that the unexpected killing of your cousin triggered within you a profound emotional response and you relapsed into using ice and started using GHB. At the original plea hearing your Counsel submitted that from July 2022 through to your arrest in November 2022 you were 'not in a good place'.
7. Your wife Renaee Salesui gave evidence in Court on 14 March 2024. She spoke of a range of issues including your emotional state after your cousin's death. This was at a time when you had managed to achieve considerable stability and reform in your life. She described that it took a little bit of time for you to process your cousin's death and that it than 'hit [you] really hard'. You blamed yourself for not helping your cousin, who had also struggled with substance issues, find a better path. You started to withdraw from others. She began noticing shared finances go missing, money being used at the pokies, your changing mannerisms and behaviours and you became increasingly absent from home. You had relapsed into substance use and you weren't in the 'right state of mind.'
8. In September 2022 there was a family intervention. It was decided that you would go to Bali in an attempt to get sober and then go to Samoa to live with your mum and 'pull away from everything over here so that [you] could try and rehabilitate'. She resigned from her job as an EA to the head of a Christian College to try and assist you. In Bali your mental health continued to decline and you were manic and hospitalised. You were paranoid, not sleeping, chanting 'crazy things', throwing out money and randomly giving it to people. It was extreme behaviour and she didn't know what to do. A medical report was tendered confirming your attendance at the Balinese hospital (Exhibit 3). It notes, 'He remembered about yesterday. He was brought here because it was fun playing chess games. He felt happy because was close to God and holly spirit will give him peaceful. But sometimes afraid because there are 'somebody like an army' want to taking out his mind.' You were kept there for some four nights and largely sedated. The diagnosis was brief psychotic disorder/manic with psychotic feature. Your sister then arrived to help and organised a private villa. You checked out from the hospital, medicated on anti-psychotic medication, into their care. You returned from Bali at the end of October or early November 2022.
9. Soon after, and as outlined in the opening, you were arrested on 8 November and interviewed by police and then remanded in custody for a short period.
10. As submitted by your Counsel, your record of interview ('ROI') was quite convoluted. You stated that in July 2022 your older cousin, whom you had looked upon as a big brother was killed. During the interview, you told police that you did everything to find his killer. At [43] you state 'I had so much anger and at the same time I was high on drugs'; at [79] 'I asked God to let me cross paths with him'; at [89] 'I had no plan, man, I just winged it. I just - I never carried this, but - I've never had - went through grief before, losing a family member'; at [104] and [105] 'I'm so lost, I don't even know ... who's who, so I don't know fuck, I'm gunna take on everyone; Question 'what was your intention - I wanted to find answers' (at [145]); 'my intention was to sit them down ... this side of the story, the other side of the story, and about the truth' (at [148]); 'I was cooked at the same time, very cooked; [159] 'it was ice and juice, I've never had juice before, ever' (at [159]); 'I some juice, I've never done it before, but I went crazy' (at [161]); at [201] 'the best thing is if you put me in gaol'; at [307] 'I just wanted to talk to them.'
11. To the extent that you suggest that you were trying to avenge your cousin's death, this does not moderate your moral culpability. The higher courts have repeatedly emphasised that members of the community must resolve any grievances they have by lawful means rather than taking the law into their own hands by harming perceived wrongdoers and if anything, this heightens the need for general deterrence. I accept that, when read fairly and as a whole, your interview appears to oscillate between suggestions of vengeance and then of wanting to understand what was behind the killing of your cousin and seeking information.
12. In your case I accept that you were experiencing significant grief and emotional turmoil, that, in part, accounts for your offending. As already noted, your behaviour overseas, soon after the offending, was irrational, erratic and bizarre, leading to your hospitalisation and temporary treatment with psychotic medications. Further, I take into account the opinions of Clinical Neuropsychologist Dr Mathew Staios and clinical psychologist Ms Courtney Steffens that you have cognitive and psychological vulnerabilities, which cause impulsivity and a limited capacity for reasoning, problem solving and consequential thinking. However, while relevant these factors do not reduce your moral culpability in any significant way. It is also clear that at the time of the offending, and the surrounding period, you were, on your own account, heavily intoxicated. As Dr Staios notes this would have likely further reduced your already limited cognitive capacity and ability to monitor your behaviours (at [8.2])

1. Your case was listed for a trial which was ultimately vacated. The triable issue related only to your intention at the time of entry on charge 1. The prosecution accept that you indicated a willingness to plead guilty to a charge of aggravated burglary (intent to steal) at an early stage. I take this into account.
2. Initially a sentence indication proceeded on 14 March 2024 and when it returned on 11 June 2024 you were arraigned on the charges and entered pleas of guilty.
3. Your plea of guilty entitles you to an important sentencing discount. It has utilitarian value and indicates your willingness to facilitate the course of justice and accept responsibility for your offending. I also take into account your cooperation with the police and the admissions that you did make during your ROI. Further, I accept that your plea is indicative of your remorse, consistent with the other representations you have made.

1. Turning to your background circumstances, these have been canvassed in detail by your Counsel and are also outlined in the various medical reports before the Court. You were 28 years of age at the time of the offending and you are now soon to turn 32. In summary, you grew up in a Samoan family here in Melbourne. Your family migrated from New Zealand when you were only a child. You are an Australian citizen. You are one of 8 children and you remain close to your siblings. Your father worked as a house painter and your mother worked in hospital food service.
2. Your upbringing was not an easy one and it was marked by severe physical discipline and alcoholism within the family unit. Administered as discipline and reflective of a seriously skewed perception of love on the part of your father, it was not unusual for you to be covered in bruises and sent off to school. Harsh forms of physical punishment, with the use of physical objects or closed fists, were often administered in the home. You became accustomed to these displays and this abuse and it contributed to the development of your emotional temperament as angry and fearful. You suppressed your emotions, instead exhibiting anger issues during school and you were expelled twice. You regularly found yourself in fights and your earlier prior criminal history reflects this. Your older sister, Theresa Sale, in her reference, speaks of your father and the many issues he had with alcohol and strict disciple, 'particularly with the boys' in the family. She states, 'it was very difficult to watch Peter scream and cry in pain when our father would take a belt to him and punch him repeatedly.' She speaks of one occasion where he knocked you out and the ambulance were called. She also refers to how he would constantly berate you and call you dumb. I note that in spite of the difficulties that you experienced in your home you reflect that your parents had 'good intentions' and worked hard.
3. You were last expelled from High School part way through Year 10. You describe yourself as a below-average student and reported significant difficulty with regards to attention and concentration dating back to primary school. You were a hyperactive child and had difficulty remaining still and focusing your attention, which, as you reported to Dr Staios, persisted into adulthood.
4. As for work, upon leaving school this was quite unstable. After some time you managed to gain employment in the area of construction and bricklaying, which has continued throughout your adulthood. In more recent times you worked as a landscaper with one of your brothers. In early 2025 you commenced full-time employment as a fitter which has allowed you to financially provide for your family.
5. You have trained as a professional boxer for years. Throughout your boxing career you have engaged in approximately 18 amateur and 12 professional fighting competitions, reaching the rank of number five in Australia in the cruiserweight division. You took some time off and are now presently training again with a view to returning to professional boxing.
6. As a young child you often left the home to escape abuse, which commenced your early antisocial involvement. You turned to and had a very close bond with your cousin Tommy, however he also introduced you to substances. You first started using cannabis and cocaine at the age of 15. You reported regular use of these substances up until the age of 18. You then started using methamphetamine and continued to use stimulants throughout your adulthood. At its peak, you reported using over 1 to 2 grams of methamphetamine and cocaine daily.
7. You have a relevant prior criminal history for a range of offences including for violence, dishonesty, driving and drug matters. You have also breached a number of court orders in the past and you have received a range of dispositions including custodial sentences.
8. Turning to your relationship, you commenced a relationship with your wife when you were both aged around 15 and in high school. In your assessment with Dr Staios you described your wife as over the years providing you with substantial practical and emotional support and that you are significantly dependent on her. You acknowledged that your offending has placed significant strain on your relationship. You also told Ms Steffens, that she has helped you 'learn that there are other ways to live that do not involve violence and are more emotionally supportive' (at [25]).
9. Further insights into your personal circumstances were provided by your wife during her evidence in Court. She confirmed first meeting you when she was 15 and from that time onwards you've mostly been in a relationship together. You married in 2022.
10. Your wife spoke of the discipline you demonstrate when in training and of your motivation. She also gave evidence that you wanted to start a family, that you'd experienced a loss acouple of years earlier and had struggled as a couple with fertility issues. You were now exploring IVF options.
11. Your wife stated that over the years she has watched you battle various substance addictions. In 2019 you went to gaol for assaulting her. Prior to that instance she had never experienced anything like that. When you came out of gaol she noticed a dramatic change in your persona, influenced by you having embraced faith in prison. She also spoke of your mentoring contributions and work with young people through the Kick Start program.
12. The year 2019 was somewhat of a turning point for you. After spending time in prison, you attended family violence therapy and treatment on a corrections order and you also joined the Planetshakers church and were baptised. This offered you considerable guidance and your relationship with your wife, and other family members, improved. In her evidence, your wife stated that your offending behaviour towards her was not 'normal' but that she had also seen you grow from it. She stated that you were 'learning then how to treat people properly, how to be a part of the community, how to help others, put others before himself and it was ... just a big transformation in his whole lifestyle.'
13. As already canvassed your cousins killing in 2022 triggered a very poor emotional response in you and you recommenced using ice and started using GHB, as you told the police.
14. I take into account your personal circumstances and the hardships and physical and emotional abuse that you experienced during your childhood and formative years.
15. Dr Staios summarises the likely impact of your background at [8.1] of his report, as follows -

... Mr Salesui's psychosocial history is characterised by exposure to the modelling of maladaptive behaviours by one of his primary caregivers (father) concerning relating to domestic violence and childhood abuse throughout early childhood and adolescence. These factors appear to have resulted in the internalisation of negative emotions (fear, anger, poor emotion regulation) and externalising behaviours (the expression of violence as a means of coping with adverse events in the family home). A combination of these issues appears to have resulted in the expression of childhood anxiety and gravitating towards negative peers as a means of social and emotional support during crucial developmental periods, ultimately resulting in substance use and addiction.

1. The Court received several medical reports. Clinical Neuropsychologist Dr Loretta Evans first assessed you on 7 February 2023 and provided a report dated 14 February 2023. In summary she provides the following opinions:

(a) Your neuropsychological profile is not consistent with an intellectual disability, underlying neurodegenerative process, focal traumatic brain injury or prolonged concussive syndrome and there is no evidence of an appreciable focal traumatic brain injury.

(b) By contrast, your long-standing history of drug abuse, particularly cocaine and methylamphetamine, is considered to have resulted in cortical inefficiencies primarily affecting memory functions - that can be further exacerbated by the presence of underlying mood symptoms.

(c) Literacy and language-based functions were extremely limited and whilst suspicious of a verbal learning disorder, this was difficult to determine given the impact of illicit drug use on aspects of verbally-based functions or the possible influence of disruptive behaviours or an early exit from school. Also, narcistic and anti-social personality tendencies were apparent but further assessment would be needed to diagnose this.

(d) She refers to your repeated head trauma and prior episodes of concussion secondary to boxing and opines that you are at risk of developing chronic traumatic brain dysfunction (encephalopathy) over time - particularly given the additional cortical vulnerability due to substance abuse.

1. Clinical Neuropsychologist Dr Staios provided a report dated 5 June 2024. He administered The Million Clinical Multiaxial Inventory ('the MCMI-III') which provides a measure of personality disorders and clinical syndromes for adults and the Adult ADHD Self-Report Scale ('the ASRS') (at [6]) designed to assess attention deficit hyperactivity disorder (ADHD) (at [7]) symptoms in adults.
2. Your MCMI-III profile indicated an underlying personality structure consisting of a negative self-image, a tendency towards externalising behaviours, and significant dependence on other individuals to assist in validating your self worth. While there were some elevations on the anti-social personality scale they did not indicate the presence of a personality disorder (at [8.3]). You met the criteria for stimulant use disorder, in early remission. On the ASRS scale, your symptom profile was consistent with an Attention Deficit Hyperactivity Disorder ('ADHD') diagnosis in adults and you also endorsed items indicating the presence of both impulsivity/hyperactive symptoms (at [7.2]). Dr Staios opines that you meet the criteria for ADHD, mixed inattentive and hyperactive subtype (at [8.3]).

1. The report of Clinical Psychologist Ms Steffens, dated 4 June 2025, was obtained in relation to the further driving/drug charges committed in January 2025. She also had access to Dr Staios report.
2. She administered the Depression Anxiety Stress Scale ('the DASS-10) to screen for symptoms of depression and anxiety. You scored within the 'severe' range, demonstrating clinically significant symptoms of anxiety, consistent with your prior diagnosis of Generalised Anxiety Disorder. Depressive symptoms were in the mild range (at [58]).
3. Based on clinical considerations and your self-report, psychometric assessment, clinical presentation at interviews and available collateral information she considered that the following diagnoses were indicated - Generalised Anxiety Disorder; Polysubstance use disorder (in remission); pre-existing evidence of personality vulnerabilities (diagnosis deferred); and ADHD, noted as a pre-existing diagnosis (at [60]).
4. She also placed your vulnerabilities and challenges within a cultural framework, stating at paragraph [67] that young people of Samoan/Pacific Islander cultural heritage often face additional mental health challenges that are relevant for conceptualising your presentation. There are higher levels of stigma regarding mental health and Samoan culture typically places significant responsibility upon men which can be overwhelming. There is also often a disconnect between traditional Samoan values and contemporary social norms which can contribute to poor self-esteem and mental health symptoms.
5. She opines that 'imprisonment would likely weigh more heavily on [you] than a person without [your] difficulties with behavioural and emotional self-regulation likely arising from your neurodevelopmental condition and mental health symptoms'. She identifies a potential for 'significant mood fluctuation' and a risk of 'decompensation' and exacerbation of 'symptom profile' given the volatile nature of prison (at [75]) and considers it unlikely that you will receive the specialist treatment that you require in custody (at [77]).
6. I take into account all of the opinions in the reports as to your particular vulnerabilities. On the basis of Ms Steffens report in particular, it is submitted, and I accept, that limb 5 of Verdins[2] is engaged in your case as prison would likely weigh more heavily on you then a person in 'normal health'.

1. The offending that you have pleaded guilty to occurred in August 2022, now at, or approaching 3 years ago. I take into account the delay in the finalisation of your case and the stress and uncertainty experienced within this period[3].
2. In June 2024, following the commencement of a sentence indication hearing in March of that year, you entered pleas of guilty to the charges. At the time, your Counsel relied heavily upon the rehabilitative attempts you had made over the last 18 months, in combination with your precarious mental health at the time of the offending. In particular, she referred to and relied upon the following efforts you had made:

(a) After your release on bail, you completed CISP and participated in their program for 4 months (22 December 2022-18 April 2023). The report of 18 April 2023 confirms that you engaged with a psychologist through the High Risk Offenders Alcohol and Drug Service (HiROADS) but that you appeared to be engaging 'superficially' at that point in time. You reported maintaining abstinence from substances, citing your engagement in boxing training and active connection to your faith/church as strong supportive and motivating factors (Exhibit 14).

(b) You complied with strict conditions, including signing on three times a week and submitting regular clear urine screens between the period of late 2022 and 2024 (Exhibit 11).

(c) On 7 December 2022 you went into residential rehabilitation. You and your wife were both keen to get you further help and mental health support and so you arranged to take out a large loan to finance an admission. You completed a 60-day program at the Habitat Therapeutics Private Hospital over the Christmas/New Year period coming out on 4 February of this year (Exhibit 2). Your wife described that you worked really hard in there and that you continued to attend NA meetings after your discharge for a period. She gave evidence that you learnt a lot of things including coping mechanisms, warning signs, triggers and how to speak about your issues. I indicate here that I take this into account in accordance with Akoka[4] principles.

(d) Your Counsel also relied upon your progress and stability in the community. Your friend and boxing coach, Darren Hancock, referred to how you had begun refocusing your life before the killing of your cousin, displaying a 'disciplinary work ethic and determination'. He stated that you had continued to demonstrate change and that you were now completely focused on your career, family and continuing to help others who seek your guidance (Exhibit 6). Your sister, Theresa Sale, provided a letter describing your positive qualities, including your generosity and empathy. She also referred to your 'large and committed support system' and how proud she was that you had been nearly 2 years sober (Exhibit 10). The letter of Joe Vatucicila, Pastor of Planetshakers South East Campus, confirmed that you and your wife had been attending Sunday services regularly and had actively participated in their Urban Life groups, which meet during the week. You had also attended and completed some of their church courses (Exhibit 7).

1. Your Counsel urged the Court not to interfere with the strong rehabilitative gains you had made. The Court deferred your case until June 2025, to assist in its assessment of your rehabilitative prospects.
2. On return of the deferral period you had committed further offences. In summary, on 22 January 2025 you were observed driving by police past midnight. You were speeding, travelling approximately 80 in a 108 km zone. You were unlicenced. You also provided a sample of your oral fluid for testing and analysis which was subsequently forensically tested and found to contain methylamphetamine.
3. Your counsel submits that the offending occurred within the context of a lapse. You went to BBQ with old friends. Someone bought out cocaine and you made the terrible decision to use it. Once affected by cocaine you found yourself wanting other drugs and you used. Your counsel indicated that this matter will proceed as a plea of guilty and it's currently listed on 22 August 2025. You told Ms Steffens that this occurred in the lead up to a boxing match, where you had been training long hours and placing considerable pressure on yourself which contributed to high levels of stress. You expressed to her regret for derailing your rehabilitation and recovery (at [47]-[49]).
4. You confided in your friend and coach Mr Hancock about your relapse, expressing deep embarrassment and regret. He states that you are now working full time, staying out of trouble and actively contributing to society (Exhibit 6). Your sister, Ms Sale, also refers to what she describes as a 'slip up' with your sobriety but states that you have 'come back stronger than ever.' She states, 'his response to that moment has shown incredible resilience - he demonstrated accountability, strengthened his communication, and has remained dedicated to continuing on the right path.' She also refers to your ongoing 'strong and committed support system' (Exhibit 10) Mr Vatucicila also confirms that you have continued your active participation with the church (Exhibit 7).
5. You wrote a letter to the Court wherein you apologise for your further offending in light of the opportunity that you had been given (Exhibit 8). You say that you have done your best to stay on the right path. You have remained focused on your recovery and have used this as a 'wake up call' and an 'opportunity.' You confirm that you are currently employed full time and that you are 'trying every day to take responsibility.'
6. In her recent letter your wife also states that you are committed to your employment and also that you pursued and successfully completed a professional boxing match. She refers to your disciplined physical preparation, strong mental focus and determination (Exhibit 9).
7. I consider it important to view your recent lapse, and related offending, within its proper context. Returning to your assessment with Dr Staios in June 2024, he observed back then that it was to your credit that you had managed over the last six months after engaging in drug and alcohol detoxification to achieve a sense of 'relative stability' (at [8.5]). However, he also observed, 'that being said, he is presently not under the care of appropriate treatment provider to assist with maintaining his sobriety.' He opined that you presented with several risk factors that needed careful monitoring moving forward, 'particularly [your] symptoms of attention deficit hyperactivity disorder, which leave [you] vulnerable to further offending' (at [8.6]).
8. Your wife told Ms Steffens that since Dr Staios report she has supported you in pursuing a psychiatrist referral for a confirmatory assessment and medication opinion however was advised that the waitlist was approximately 18 months (at [37]). Therefore, there has been no further follow-up in relation to ADHD since 2024 (at [37]).
9. This is broadly consistent with the material before the Court. In June 2024 your GP Dr Ya referred you for opinion and management of your ADHD (Exhibit 6A). On 25 June 2025 the team at Southeastern Consulting declined a referral from Dr Ya as they considered that you would be better served by an alternative psychiatrist who specialises in Adult ADHD and provided further recommendations (Exhibit 12). On 2 July 2025 your GP again referred you for opinion and management of ADHD to one of the recommended psychiatrists (Dr Gurvinder Kalra), a referral which appears currently to remain outstanding (Exhibit 13).
10. As stated by Ms Steffens, your neurodevelopmental vulnerabilities, as canvassed in the reports, and for which you have remained on an extensive waiting list, predispose you to 'increased difficulty with self-regulation and mental health comorbidities during adulthood, as well as the maladaptive coping seen in [your] substance use history' (at [62]). Your untreated ADHD renders you 'vulnerable to impulsivity, dysregulation and sensation-seeking in risky or maladaptive ways such as that seen during the current (ie January 2025) offending' (at [63]). In her report she further notes that people with ADHD 'are more likely to self-medicate with alcohol and/or substances' (at [66]). Further she states at paragraph [68]

Overall, Mr Salesui presents with vulnerabilities arising from untreated ADHD and comorbid CAD, which render him at higher risk of impulsive relapses in his substance use disorder compared to someone without these conditions. Untreated ADHD is likely to be maintaining GAD symptoms, and to have played a role in briefly and temporarily undermining Mr Salesui's considerable efforts towards substance recovery which ultimately collectively contributed to the current offending.

1. To be clear, it is a serious matter that you have reoffended during the deferral period. As the prosecution submit you were placed on a deferral with 'high hopes' and aspirations. However, I consider that, in your case, there are extenuating circumstances surrounding what occurred, relating to the lack of any medical treatment and your heightened vulnerabilities, as already canvassed. I also take into account that you did not offend in a similar manner and that there has been no further repeat offending. Also, I accept that the offending arose from a lapse in your drug use, and not a more severe or prolonged pattern of use, and that you have used it as a learning and have remained drug free and focused on your recovery. Overall, I consider that since your release on bail for these matters you have demonstrated quite a considerable effort to rehabilitate, in the face of mental health challenges.

1. Moving on to your prospects of rehabilitation, I take into account the nature and gravity of the offending, your prior history and the further offending. These all suggest the need for caution.
2. At the time of your assessment with Dr Staios he considered that your 'capacity for self-reflection was ... partially present and [you] appeared motivated to remain substance-free and reengage in boxing' (at [8.5]). He considered that you require ongoing support and structure to assist with managing your clinical presentation and he recommends a tailored treatment plan (see [8.6]). He also expressed a concern that a custodial sentence may negatively impact your rehabilitative prospects and result in integrating further maladaptive and antisocial tendencies into your personality structure (at [8.7]).
3. Ms Steffens also considered that incarceration is likely to increase your exposure to antisocial peers that you have made an effort to disconnect from in the community (at [77]). She assessed you as presenting a 'low to moderate risk of reoffending' (at [71]). She noted in particular the relatively time limited nature of the most recent lapse and your ongoing commitment to meaningful change. She identified your main ongoing risk factors as your difficulties with emotion regulation/stress management and impulse control associated with your ADHD and GAD (at [73]). She made a number of recommendations from paragraph [78] of her report, including referral to a sports psychologist and psychoeducation regarding your personality style and neurodevelopmental vulnerabilities.
4. Dr Evans also recommended that to mitigate the risk of re-offending, you need to continue to address your drug addiction and relapse prevention. She strongly encouraged that you access mental health services, to also target the issues that underpin your addiction.
5. In my assessment I have also taken into account the range of protective factors in your favour, including - ongoing, strong family support; stable accommodation; stable employment; sporting achievements, recent extended periods of abstinence from substance use and a willingness to engage in psychological intervention.
6. I take into account that you have been able to maintain periods of abstinence in the community and that you are dedicated to focusing on recovery. During your assessment with Ms Steffens you recognised that exposure to drug use and antisocial peers are triggers for relapse' and that you have used the January 2025 as a 'learning' and have remained abstinent since this time. This is consistent with the further recent urine screens that the Court has received, confirming your ongoing abstinence (Exhibit 11). Ms Steffens described you as displaying 'good insight regarding [your] substance use and plans for recovery.' Your insight regarding the impact of your mental health on your vulnerability for substance use, such as ADHD and anxiety, was more rudimentary, likely due to limited service engagement (at [54]).
7. In early 2025, and after a long and difficult period of trying to conceive, your wife became pregnant. She is due to give birth in October. You expressed to Ms Steffens excitement about becoming a father and that you want to a 'good father' and offer your child a different experience to your own childhood. She identifies this as a 'significant motivating factor for abstinence from substances and desisting antisocial behaviour' (at [34]). In his most recent letter to the Court, Mr Hancock states 'this new chapter has brought out a depth of maturity, responsibility, and excitement in Peter that is truly inspiring. He often shares how grateful he is for this opportunity and how determined he is to give his child a stable life.' In your own letter you state that the expected arrival of your baby boy has 'brought a kind of hope and purpose into my life that I have never experienced before.'
8. In all the circumstances, I consider that with adequate supports and structures in place, you present with favourable and positive future prospects.
9. In my view in your case there is also a place for a degree of mercy. While your rehabilitation is not the only factor to be considered, I accept that returning you to custody will risk losing what you have gained. Ultimately, the community's best interests are served in you continuing on the path you are now on. As the higher courts have stated:

'... There must always be a place for the leniency which has traditionally been extended even to offenders with bad records when the judge forms the view ... that leniency at that particular stage of the offender's life might lead to reform.'[5]

1. For completeness I note that your co-accused was recently sentenced for these charges[6]. Between the two of you it appears that you were the 'main' offender. As already noted, he also faced a charge of trafficking in a large commercial quantity of drugs for which he received a substantial term. Given the additional charge, which as counsel indicated 'overwhelms' this offending, along with the differences in your circumstances, including your period in the community and your sustained rehabilitative efforts, there is a basis for some disparity in your case[7].

1. The purposes for which sentences may be imposed are just punishment, general deterrence, specific deterrence, rehabilitation, denunciation and protection of the community. I accept that general deterrence and community protection are particularly important in cases of this nature.
2. I take account the sentencing guidelines referred to in s5 of the Sentencing Act 1991, where relevant in your case. I have also had regard to the general sentencing landscape for this offending.[8] This has provided some guidance but of course each case needs to be determined on its own facts and circumstances.
3. The prosecution submit that a term of imprisonment with a non-parole period is the only appropriate sentence. Your Counsel submits that a combination sentence and one that does not require your return to prison is appropriate. He relied on the authority of Boulton[9] and made specific reference to paragraph [114] where the Court stated -

The CCO option offers the court something which no term of imprisonment can offer, namely, the ability to impose a sentence which demands of the offender that he/she take personal responsibility for self-management and self-control and (depending on the conditions) that he/she pursue treatment and rehabilitation, refrain from undesirable activities and associations and/or avoid undesirable persons and places. The CCO also enables the offender to maintain the continuity of personal and family relationships, and to benefit from the support they provide.

1. Weighing up all relevant considerations, including the gravity of the offending and all the mitigating factors advanced on your behalf, I consider that a sentence combined with a corrections order is capable of adequately reflecting the denunciatory and punitive aspects of sentencing while allowing you to continue on your path of rehabilitation which in the long term, best serves the community. As the Court of Appeal in Boulton[10] also stated, a CCO may be suitable even in cases of relatively serious offences which might previously have attracted a medium term of imprisonment. The sentencing judge may find that, in view of the objective gravity of the conduct and the personal circumstances of the offender, a properly-conditioned CCO of lengthy duration is capable of satisfying the requirements of proportionality, parsimony and just punishment, while affording the best prospects for rehabilitation (at [131]).
2. I had you assessed for a CCO and obtained an extended assessment report. You were assessed as suitable, with reservation, taking into account your history of non-compliance with Court orders.
3. The order I will impose will be punitive, both in conditions and length. You will be held accountable each day for the duration of this order. It will restrict your movements and I appreciate this may have a bearing on your boxing career and/or other endeavours. It will also mean, in practical terms that your offending, which occurred in August 2022, will continue to carry active consequences for you up until (June) 2028, that is, many years after the offending itself. Corrections have explained to you the intense obligations and you have agreed to comply.

1. Synthesising all relevant factors, you are convicted and sentenced as follows:
2. Charge one, aggravated burglary, you are convicted and sentenced to 46 days imprisonment and a CCO of 2 years and 10 months.
3. Charge 2, prohibited person possessing an imitation firearm, you are convicted and sentenced to a CCO 2 years and 10 months.
4. Charge 3, theft, you are convicted and sentenced to a CCO 2 years and 10 months.
5. The conditions I will impose are as follows:

(a) Supervision

(b) Judicial monitoring

(c) Treatment for drug treatment and testing

(d) Treatment for mental health and treatment

(e) Treatment for offence specific behaviour

(f) As for a work condition, I have considered the report and the condition itself is not recommended by Corrections, given the complexities around your offending and the likelihood that you will need to engage in intensive treatment programs. If it is imposed, then there is a recommendation that all hours be offset against treatment. I do consider that it is necessary to impose a work component but pursuant to the recommendation I will afford the opportunity to have hours completed by way of treatment credits. I impose 200 hours of community work.

1. A non-association clause is also recommended, as an additional layer of oversight and I intend to impose this condition ... He is serving a substantial term of imprisonment but it seems to me and if Counsel want to be heard further on it, they can, but it does provide that further oversight and I presume that you are going to have no difficulty in abiding with that condition. That is not having any contact with Mr McFarland. Any difficulty in complying with that?
2. OFFENDER: No
3. HER HONOUR: No, okay. Counsel, do you want to be heard at all in relation to that? I mean he is serving a long custodial sentence, that is not to say though that one cannot be contacted, and it seems to me that given the reservations, the concerns raised by Corrections, unless Counsel want to be heard on it, it seems to me that it is appropriate.
4. MR BARKER: I don't wish to be heard.
5. HER HONOUR: All right.
6. MR WHITE: I think it's didactic because this is going to be a turning point in his life, so including it in there doesn't do any harm, it probably does him good.
7. HER HONOUR: Yes, okay, thank you.
8. Now what you can do, Mr Salesui, is you can take a seat. There is going to be a document. Ordinarily I would go through conditions of the order, but it is going to be printed out in a moment and Mr Barker will approach you, and he will go through the conditions of it. You know what is involved in a corrections order. Along with the conditions I have imposed there are core conditions. You are going to have to report in the next two working days to Corrections ... Cranbourne ...
9. There are a number of core conditions that apply, okay. Most importantly you are not to commit another indictable offence within this period. It commences today; two years and 10 months hanging over your head. If you commit an offence, okay, or if you do not comply with a condition, then you will be in breach of the order, you come back to court, you are dealt with for breaching, and it is open to me to resentence you. Do you understand?
10. OFFENDER: Yes.
11. HER HONOUR: Okay, Counsel, I will just have that passed to you so that you can make sure that it reflects what I have just said.
12. MR BARKER: Yes, Your Honour.
13. HER HONOUR: The judicial monitoring date that I have set is 20 November, so three months' time, at 9.30.
14. I declare pursuant to s18 of the Sentencing Act 1991 that Mr Salesui has served 46 days as pre-sentence detention.
15. Pursuant to 6AAA, I indicate that but for his plea, I would have sentenced him to some three and a half years imprisonment, with a non-parole period of two years and four months.

[1] DPP v Meyers [2014] VSCA 314.

[2] R v Verdins [2007] VSCA 102.

[3] DPP v Merryfull; DPP v Bloomfield [2023] VSCA 244.

[4] Akoka v The Queen [2017] VSCA 214.

[5] R v Osenkowski (1982) 30 SASR 212.

[6] On 11 August 2025, on the charge of aggravated burglary (imitation firearm) he was convicted and sentenced to 2 years imprisonment.

[7] Kellway (a pseudonym) v The King [2023] VSCA 109, [124]-[126].

[8] See also prosecution submissions of 14 March 2024 (Exhibit D).

[9] Boulton v The Queen [2014] VSCA 342.

[10] Boulton v The Queen [2014] VSCA 342.