DPP v Taylor [2026] VCC 262

1. The prosecution tendered an amended summary prosecution opening upon plea, which sets out the agreed facts of your offending. I sentence you on the basis of the facts as set out there.
2. In brief the circumstances of your offending follow:

1. On 28 April 2025 at 6:38am you went to the BP petrol station in Warragul Road, Oakleigh.
2. You approached the front counter holding a red chisel and said 'open the door'. Mr Patel, who was working behind the counter, refused, and locked himself in the office behind the counter and activated the smoke alarm.
3. You tried to open the door, which was locked. You jumped through the security wires at the front counter and attempted to access the cash register but were unsuccessful due to the store filling with smoke.
4. You left the store and jumped the back fence at the service station.

1. On 30 April 2025 at 5.14am, you walked into the store carrying a red chisel at Liberty petrol station in Centre Dandenong Road, Moorabbin Airport.
2. You threw a blue shopping bag over the counter toward Mr Kumar, who was working behind the counter, and yelling 'Shut the fuck up and open the cigarette draws', while thrusting the red chisel in his direction. He ran from the store in fear and called Triple 0.
3. You jumped the counter and used the red chisel in an attempt to remove the cash register from the counter. You spent approximately two minutes using force to try to break the cash register out of its shelf. You left the store with the cash register containing $600.

1. On the same day, at 5.51am, you approached Sevil Yildirim and another staff member at the rear entrance to Siesta Café in Main Street, Mordialloc.
2. Carrying a red chisel you walked up to Ms Yildirim, thrusting the red chisel at her while yelling 'just give us your keys' multiple times.
3. The other staff member threw a set of keys on the ground in front of you. Ms Yildirim yelled 'help, help, help'.
4. As you left you hit a stack of boxes over using the red chisel.

1. On the same day, at approximately 5.56am on 30 April 2025, you went to the Bakers Delight store in Main Street, Mordialloc.
2. You walked in and demanded Mr McCarthy to leave the store and yelled at Ms Miller who was working there, 'give me the money' while holding the red chisel. Ms Miller replied they had no money and you left.

1. The same day, you then walked to a public bus parked in Centre Way, Mordialloc.
2. You banged on the glass protective screen beside Ms Park, the bus driver, with the red chisel. Ms Park told you she could not leave because it was not the departure time.
3. Using the red chisel you smashed the glass driver's screen and ran towards Owen Street.

1. On 2 May 2025 at 6.53am, you went to the 7- Eleven petrol station in Princes Highway, Officer.
2. You raised the red chisel towards staff member Mr Singh-Bedi and yelled 'Money, money, money'.
3. Mr Singh-Bedi ran from the counter and called Triple 0.
4. You jumped the counter and removed the cash register.
5. You left the store with cigarettes and cash register.

1. On 6 May 2025 at 6.00am, Rita Leiva parked her vehicle, a Toyota Corolla sedan at a petrol pump and went to the store to buy some food at the Liberty petrol station, in Centre Dandenong Road, Moorabbin Airport.
2. As Ms Leiva was walking back to her car, you approached her, stating 'drop the keys, drop the keys' while holding a knife in her direction.
3. From 2 metres away, Ms Leiva threw her keys towards you. You picked them up. walked to her vehicle and drove off.

1. The same day at 8.15am, you went to the Endeavour petrol station in Frankston Dandenong Road, Carrum Downs. You were driving the Toyota Corolla that you had just stolen.
2. You entered the store and smashed the protective shield at the counter. Mr Mukherjee was working in the back room and came out to investigate the noise and saw you climbing over the counter. Holding a silver knife you yelled at Mr Mukherjee.
3. Mr Mukherjee and Mr Wasif, who was also working there, then locked themselves in the rear room and called Triple 0.
4. You pulled one of the cash registers out and threw it over the counter towards the door. You then attempted to gain entry to the cigarette cabinets before pulling out the second cash register and throwing it over the counter towards the door. The two cash registers contained approximately $1000.
5. You jumped back over the counter to leave before returning, jumping the counter and stealing a tray of cigarette lighters.
6. You then left the store with the stolen items, leaving behind a grey bedsheet and grey cardigan. You left in the stolen car.

1. Later the same day at 10.31am, you went to the BP petrol station in Princes Highway, Mulgrave still driving the stolen vehicle.
2. You parked at the front and entered the store, carrying the knife. You approached Mr Polineni who was working behind the counter and yelled, 'give me the money or I will jump over and kill you'. Mr Polineni hit the silent alarm.
3. You pointed a silver knife at Mr Polineni and he removed cash from the cash register handing it to you.
4. You went back to the car, put the money in it and retrieved a cream coloured bag. You re-entered the store and demanded cigarettes from Mr Polineni. He threw around 30 packs of cigarettes onto the counter which you put into your bag. You took a box of Extra gum off the counter and placed a couple of packs into your bag.
5. You demanded cigarette lighters and Mr Polineni took three trays of cigarette lighters and placed them on the counter which you placed into your bag.
6. You left the store, taking four cans of 'V' energy drink from the fridge on your way out. You drove off in the stolen car towards Princes Highway.

1. On 6 May 2025 at approximately 11.00am, police observed you driving the stolen car along Centre Dandenong Road, Cheltenham.
2. Police Airwing located you travelling at speeds between 120 to 150km/h in a 70km/h zone.
3. Police Airwing established constant observations of you driving the car at up to 150km/h, overtaking vehicles on the wrong side of the road and driving through red traffic control signals.
4. Police used a tyre deflation device as you drove on St Andrews Drive, Heatherton. You then continued to drive through residential streets with three deflated tyres passing members of the public.
5. You stopped at the corner of Royal Troon Avenue and Peachtree Place, Heatherton and left the car carrying a black backpack. When you saw police approaching, you returned to the car.

1. Senior Constable Willis and Detective Senior Constable Larkins attempted to arrest you by removing you from the car. You resisted arrest and reached for the back seat of vehicle, struggling against the officers.
2. OC spray was deployed and you were subdued and you were arrested.

1. The prosecution submitted the offending is objectively serious and placed victims in fear. You have a relevant prior history. You must be sentenced to a term of imprisonment with a non-parole period of not less than three years unless a special reason exists. The prosecution submitted no special reason exists. Further a term of imprisonment comprising a head sentence and non-parole period is necessary to reflect the gravity of the offending.
2. The defence submitted punishment and deterrence were relevant sentencing purposes. Your counsel relied on the neuropsychological assessment report by Dr Staios dated 19 January 2026 and submitted limbs 3, 4 and 5 of Verdins[1] applied as sentencing considerations. Counsel submitted in light of your intellectual disability, some moderation of general deterrence is appropriate. Counsel noted the charge of aggravated carjacking is a category 1 offence and a term of imprisonment must be imposed with a non-parole period of not less than 3 years unless a special reason exists.

1. You were 31 years old at the time of the offending.
2. You are the youngest of two siblings. Your parents separated in your early childhood and your mother raised you as a single parent. Your mother remains a constant support for you. You had little contact with your father following the separation, and he passed away two years ago.
3. Since the age of 16, you had a long term relationship with Tegan who is the mother of your two children together, who are aged 10 and 5. Whilst you were abstinent from drug use when your son was born, you re-commenced using drugs and your relationship with Tegan ended around two or three years ago.
4. Your contact with your children has been inconsistent following the end of your relationship. In more recent times, you have had no contact with your children and found this extremely difficult.
5. You were living with your new partner Letisha in Croydon, prior to your remand.
6. In terms of your education, you experienced learning difficulties from a young age. This impacted your schooling and you had a teacher's aide whilst in primary school.
7. As a child, you were diagnosed with an expressive language disorder, specific learning disorder and Attention Deficit/Hyperactivity disorder (ADHD).
8. You were first diagnosed with an intellectual disability during your adolescence. You have previously been in receipt of the Disability Support Pension as a result, as well as being placed on a Justice Plan.
9. Due to ongoing behavioural difficulties, you left mainstream education in Year 7 and attended several alternative schools and education facilities until leaving formal education in Year 10.
10. You then engaged in work sporadically across various industries including butchery and landscape.
11. You successfully completed a four-year apprenticeship in Painting and Decorating two years ago and you have worked in this area on a relatively regular basis. You were unemployed for around six months before being remanded and received Jobseeker payments.
12. In custody you have been working Monday to Friday in Industries. You have completed courses, including Ice and Me, Barista Course, Donut Making Course and currently undertaking Changing Gears.
13. You do not have any significant ongoing physical health concerns and are not prescribed any medications.
14. In terms of drug use, you used cannabis at 12, and were consuming daily by the age of 16.
15. You also had periods of binge drinking and using stimulant substances around this time, which continued into your early adult years.
16. Preceding the end of your relationship, you had relapsed and began using substances, specifically methamphetamine.
17. At the time of the offending, you were regularly using methamphetamine.

1. Dr Mathew Staios, clinical neuropsychologist, prepared a report dated 19 January 2026. The purpose of the report was to assess your cognitive status.
2. Dr Staios references an earlier report by Dr Cunningham dated 21 February 2025.
3. On the Ravens Standard Progressive Matrices you were assessed as in the intellectually disabled range of non-verbal fluid intelligence. Dr Cunningham assessed you as having global deficits in reasoning, emotional regulation, consequential thinking and conflict management. In summary you were not assessed as suffering from a diagnosable mental illness but your presentation and functional difficulties were the result of an established intellectual disability compounded by untreated ADHD symptoms and psychosocial stressors.
4. Dr Staios noted you have been assessed for a Community Corrections Order in early April 2025, prior to this offending. In 2015 you had been placed on a Justice Plan and in April 2025, an assessment for a Disability Justice Plan was recommended. You were identified as having an intellectual disability which was considered to have a significant impact on your cognitive functioning, decision making and adaptive skills.
5. Dr Staios noted your prior substance use as a pre-teen and teenager and experimentation in mid adolescence. You reduced your substance use after the birth of your son. Immediately preceding this offending you were using methamphetamine regularly estimating your consumption at 3 grams per week and you acknowledged this affected your functioning, relationships and decision making.
6. Dr Staios reflected that your criminal history reflects 'a long standing pattern of anti-social behaviour emerging in childhood and persisting into adulthood, marked by poor judgment, impulsivity, and vulnerability to situational stressors. This historical pattern provides important context for understanding the escalation and frequency of the current index offences, particularly when considered alongside his cognitive limitations, executive dysfunction, and substance abuse history'.
7. Following testing Dr Staios assessed you as having a globally reduced level of cognitive function, with being borderline or extremely low range across multiple cognitive domains. He assessed you as having an intellectual disability of mild severity with associated executive dysfunction. He stated your executive functioning was notably impaired. In his opinion your offending behaviour appears to have occurred in the context of cognitive limitations, impaired executive control, emotional dysregulation, and situational stress.

1. I turn to the factors I must have regard to in s 5(2) of the Sentencing Act 1991. The main sentencing purposes in your case are deterrence, punishment, and community protection.
2. The maximum penalty of 25 years for aggravated carjacking reflects its seriousness. Section 10A sets a mandatory non-parole period of three years, which also underlines the inherent seriousness of the offence.
3. As it is a category 1 offence, I must impose a period of imprisonment and fix a non-parole period of less than three years unless a 'special reason' exists which means if 'there are substantial and compelling circumstances that are exceptional and rare and that justify doing so.'
4. No special reason has been submitted by your Counsel in this case.
5. For carjacking offence, you held a knife in the victim's direction and walked towards her stating, 'drop the keys', which she immediately threw towards you.
6. For the attempted armed robberies and two of the armed robbery charges you used a weapon, namely a red chisel. You also used the red chisel to commit the criminal damage. For the carjacking and other two armed robberies, you used a knife. The maximum penalty for the attempted armed robbery is 20 years and for armed robbery, 25 years.
7. The nature and gravity of the offending is reflected by impact your offending had on the staff of the venues you attacked. Your offending targeted four petrol stations as well as a neighbourhood café, a Bakers Delight and a 7/11. These are easy targets where staff members were going about their working day, often alone, and were put in fear for their safety. Staff either ran away in fear or locked themselves behind the counter or in a rear room. On two occasions you jumped the counter. Your offending also appeared to escalate as your weapon changed from chisel to a knife for the last three in time offences. The majority of the attacks were early in the morning when there are less people around making staff more vulnerable. The offending on 6 May 2025 when you used the knife to commit the carjacking and two armed robberies was over a period from 6am to 8.15am to 10.31am. The last armed robbery was brazen whereby you pointed the knife at the staff member as he removed cash from the cash register then you went back to your car (which you had stolen through the carjacking) and returned to the store with a bag and demanded cigarettes and lighters, and you also took gum and energy drinks from the fridge.
8. Although I note there was no actual physical violence, the nature and gravity of your offending is high and your conduct constituted a terrifying rampage of serious offending over a short period of time.
9. When considering your culpability and degree of responsibility for your offending, your Counsel submitted the principles in the case of Verdins applied and limbs 3, 4 and 5 apply to your diagnosis. The prosecution conceded the application of Verdins, noting the application should be moderate given the objective gravity of your offending. Your diagnosed intellectual disability significantly limits your capacity to process complex information, anticipate consequences and flexibly adapt your behaviour to emotionally charged or high stress situations. Limb 3 relates to general deterrence and limb 4 relates to specific deterrence. I accept the weight I give to general and specific deterrence as a sentencing purpose should be moderated in light of your intellectual functioning.
10. The situation is somewhat complicated because at the time of your offending you were regularly using methamphetamine. This is a drug you have used before and was noted as a causative factor in the breakdown of your relationship with Tegan, the mother of your two children. Your drug taking played a role in your offending. Dr Staios noted you acknowledged your substance abuse harmed your functioning relationships and decision making. Your offending occurred in the context of the self-induced effects of your drug taking and from your prior use, you were aware of the effects of the drugs on your conduct. This consideration requires I reduce the weight I gave to Verdins limbs 3 and 4 in respect to general and specific deterrence as a sentencing purposes.
11. I accept Verdins limb 5 applies and given your intellectual disability a sentence of imprisonment will weigh more heavily on you.
12. As noted above I have referred to the impact of your actions on the staff members of the service stations and the shops affected by your offending. I have read the victim impact statement from the bus driver you terrorised by banging on the protective screen with the red chisel and then smashing the glass driver's screen. As a result of your actions she no longer works or drives a bus, she has nightmares about the incident and has been diagnosed with PTSD. The impact on her has been very significant.
13. I give weight to your plea of guilty and note it was an early plea at committal mention and saved the cost and time of a trial with multiple witnesses having to attend court and to give evidence. You are entitled to the full discount for your plea of guilty.
14. In terms of your personal circumstances, I note you have prior convictions from 2013, 2015 and 2019 and significant gaps in your offending. This current offending represents a marked escalation in your offending conduct. You have received fines and Community Corrections Orders in the past but this is your first time you will receive a custodial sentence. The reason for the escalation in your offending is not apparent, however the context appears to be your drug use and a six month period of unemployment.
15. Despite your disability you have an employment history having held down employment for periods of time. Your Counsel notes you are motivated to maintain contact with your two children and complete courses and stay in employment in the custodial setting. This holds some hope for your eventual rehabilitation.
16. I take into account the principle of totality which requires when a court sentences an offender for multiple offences, that the overall sentence must be a, 'just and appropriate measure of the total criminality involved'.[2] I also take into consideration the principle of parsimony that the sentence be no more severe than is necessary to satisfy the purposes of sentencing.
17. The sentence I impose reflects the gravity of your offending having regard to your plea of guilty and the application of the relevant principles in Verdins.

5 years with a non-parole period of 3 years and 6 months.

Pre-sentence detention declaration pursuant to s 18(1) of the Sentencing Act 1991:

Driver licence cancellation and disqualification

1. I make the following orders with respect to cumulation.
2. To reflect the criminality of your offending, the period of three months Charge 2 armed robbery is to be served cumulative on Charge 7 the base sentence of three years. To reflect the criminality of offending, Charge 5 criminal damage the period of three months is to be served cumulatively on Charge 7 the base sentence of three years. To reflect the criminality of offending, Charge 6 armed robbery the period of three months is to be served cumulatively on Charge 7 the base sentence of three years. To reflect the criminality of your offending, Charge 8 armed robbery, the period of six months is to be served cumulative on Charge 7 the base sentence of three years. To reflect the criminality of your offending, Charge 9 armed robbery, the period of nine months is to be served cumulative on Charge 7 the base sentence of three years.
3. MS POWELL: As Your Honour pleases.
4. HER HONOUR: Could I ask, are there any other orders sought?
5. MR IRONSIDE: No, Your Honour.
6. HER HONOUR: Right, thank you.

[1] R v Verdins (2007) 16 VR 269 ('Verdins').

[2] Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295, 307-306.