Sentence: Community Correction for a period of 9 months.
[2]
Kahan Umit you were arraigned today, 25 February 2026. You pleaded guilty on Indictment Q11578088.B to two charges of theft, one charge of negligently dealing with the proceeds of crime. You consented to this court dealing with two related summary offences of driving whilst disqualified and driving in a manner dangerous to the public. You also admitted a limited prior criminal history.
[3]
A summary of prosecution opening was tendered at your plea and contains the agreed factual basis of your offending. A summary follows.
You offended in company with Toby Anning. On 17 June 2024 you were driving a dark grey Toyota Aurion bearing false registration plates 1YO7RI () with Mr Anning as passenger. The Toyota Aurion was seen travelling North on Fair Valley Drive, Narre Warren.
'the Toyota Aurion'
On 18 June 2024 at about 1.43pm, the Police communications Centre received a 000-call detailing a 'traffic disruption'. It was reported that a Toyota Aurion was partially blocking the driveway of 22 Garnet Close, Narre Warren; and had been at the address before 2am on 18 June 2024.
At about 5.43pm, Police attended Garnet Close, Narre Warren and were unable to locate the Toyota Aurion. At the time the 000 call was made it was established that the Toyota Aurion was parked within 70 meters of your parents' house, putting you as the driver of this vehicle.
On 21 June 2024 at 10.14pm, you drove the Toyota Aurion to a BP service station, located in Berwick. CCTV depicts you get out from the driver's door, and you were wearing a distinctive black hat with a silver sticker, a blue 'Helly Hansen jacket, khaki-coloured pants and white runners. You filled the Toyota Aurion with $59.23 of fuel and left without paying. (Charge 1 - Theft)
The following evening at about 8.14pm, you drove the Toyota Aurion to the 'Coles Express' service station in Hampton Park. CCTV depicts you enter the store and you can be identified by the distinctive black hat with silver sticker, a blue 'Helly Hansen jacket, dark coloured pants, and white runners, you were wearing. You purchased some miscellaneous items with cash and left the store.
On 28 June at about 11.20am, the Southern Division Three Drone Police Unit ('SD3 Drone Unit') observed a 2008 silver Toyota Hiace van with false registration 1UK1BU ('the silver Toyota Hiace') outside 1 Francis Court, Narre Warren. The sliver Toyota Hiace belonged to Rajitha RAJAPAKSHA.
At about 11.22am, you were observed and captured by drone footage to walk towards the silver Toyota Hiace and enter the rear of the vehicle. You are identified by the distinctive black hat with silver sticker, a dark coloured jumper, dark coloured pants and the white shoes you were wearing.
You looked in the silver Toyota Hiace for about 90 seconds, meanwhile a Police unit arrived on the scene and intercepted you and the vehicle by parking in front of the vehicle. You immediately jumped into the driver's seat of the van and accelerated quickly, narrowly missing the Police vehicle, Police members and a street lamp. (Related summary offence 9 - Drive in Manner Danergous). You continued to drive erratically, and you mounted curbs to evade police apprehension. You stole the silver Hiace by taking unauthorised possession of it and driving away. (Charge 2 - Theft)
You drove the van to Coloumbia Court, Dandenong South and dumped it at this location. Shortly after, you were picked up by a white Mercedes Benz sedan. The silver Toyota Hiace was eventually located by Police and seized for further investigation. At the time of this incident, you were disqualified from driving (Related summary offence 6 - Drive whilst Disqualified)
On 24 July, an unknown offender stole a white Holden Cruse with registration YLE095 ('the Holden Cruse'). On 25 July, the owner of the vehicle Anthony ATHANASOPOULOS reported the Holden Cruse as stolen to Police.
[4]
On 23 July 2024, the SD3 Drone unit observed a male exit 2/170 Princes Highway, Hallam. Police intercepted the male and asked for his details. The unknown male stated his name to be 'Ali ULUM". Police conducted checks to confirm the identity by way of Victorian license photograph of Ali ULUM. The male was in fact you who had provided false details. Police conducted checks and confirmed your identity. When confronted with this information you fled into parkland and could not be located.
On 26 July 2024, you were arrested at 1/92 Blackburn Road, Glen Waverly. The following items were located and photographed in your possession: a Blue Oppo mobile phone, a black car key and a black Ford car key. Police located the stolen white Holden Cruse parked 100m from you. It was confirmed that the black car key in your possession belonged to the white Holden Cruse. (Charge 3 - Negligently dealing with proceeds of crime). You were taken to the Narre Warren Police station.
During your record of interview you made a mix of admissions and denials to the allegations put to you.
[5]
The nature and gravity of the offending is dictated by the maximum penalties that are capable of being imposed. Theft and theft of a motor vehicle attracts a maximum of 10 years' imprisonment. For negligently deal with proceeds of crime, the maximum is five years' imprisonment. Driving in a manner dangerous is 120 penalty units, or 12 months' imprisonment and driving whilst disqualified is 240 penalty units, or two years imprisonment.
Offending of this nature is routinely dealt with in the Magistrates' Court. My assessment is that it is not sophisticated offending. You were caught on CCTV in circumstances where you were likely to be apprehended. You were disturbed in the back of a van where you should not have been, and what followed was a theft of motor vehicle and a relatively confined episode of dangerous driving in circumstances where you were disqualified from driving.
[6]
You are 35 years of age. You were born in Australia. Your father is of Turkish background and your mother was born in Australia. Your father works in flooring installation and has done so for over 30 years. He is now aged 64 years old. Your mother worked at Coles as an OH&S representative and managed the dairy department, she is now aged 65. You have one older and one younger sister. None of your family members have previously been before the court. You had a stable and supportive childhood and you have maintained a healthy relationship with your family.
During your youth, you were immersed in sports, playing soccer for a variety of clubs and eventually playing at a State 2 level. You attended Fountain Gate High School until Year 8 before attending St Francis Xavier College in Berwick until Year 11. Upon leaving school, you commenced work immediately.
Throughout your education, you struggled to follow verbal instructions. You preferred hands on learning and despite your challenges, you were not required to repeat a grade. You did not receive any special assistance or support with your classroom learning. Your parents did arrange for private tutoring in maths.
After leaving school, you worked in the family flooring business and later went on to work at a factory, building truck axels and you worked in this role for several years and progressed to become a team leader in the company. During your recent period of CISP bail, you have returned to work with your father in the family business. You were diagnosed with epilepsy in 2005 and this condition is now well managed with medication.
In 2022, you were assaulted and stabbed and sustained a punctured lung. You required hospitalisation for one week and surgical intervention. You made a good recovery from your injuries, but the incident was frightening and distressing to you. You have suffered several head injuries through your life in the context of fights and assaults when playing soccer. In 2024, you were assaulted to the head with a metal bar. You did not seek medical attention and did not experience symptoms of concussion, such as headache or nausea. Medical records also indicated a head strike in February 2021, sustained because of a fall and a CT brain scan revealed no abnormalities.
Your GP historically has managed your diagnosis of anxiety and depression and as a result of your involvement in CISP, you were referred to Cathartic Counselling and have had several sessions with a psychologist that you will continue to see. These sessions have been funded by CISP.
In terms of drug use, you began use of cannabis during your teenage years, but have not used this substance recently. You began using methamphetamine about five years ago and you quickly escalated to regularly daily use. This continued until your remand in July 2024 and since that time, you have been abstinent from this substance, both in custody and since your release in the community.
According to your prior criminal record, you appeared in court in April 2011 for drug and related charges. You were next in court 12 years later in September 2023. At this time, you pleaded guilty to charges of possess counterfeit money, drug possession, possession of ammunition and firearms, committing offences on bail, driving offences, contravention of family violence order and recklessly cause injury and dealing with proceeds of crime. In October 2024, you were dealt with for charges of stalking, unlawful assault and contravene a family violence intervention order.
[7]
Whilst on the CISP program, you reported cognitive difficulties that included problems with learning and memory. You were referred for a neuropsychological assessment and the court received a report authored by Catherine Prado. Ms Prado opined that your neuropsychological assessment indicates a cognitive profile characterised by both relative strengths and longstanding weaknesses. You demonstrate intact perceptual reasoning, adequate processing speed and age appropriate visual memory and basic attention.
Your performance in several executive tasks, including planning, non-verbal reasoning, a high level attention and inhibitory control was within expectation. In contrast, you showed mild but consistent weaknesses in language-based skills, working memory and verbal fluency and your most pronounced difficulty being learning and recall of lengthy or complex verbal information especially when overwhelmed. Importantly, when information was shortened, or repeated, your learning and recall improved significantly and there was no evidence of a primary memory disorder.
The result of testing undertaken by Ms Prado does not indicate the presence of an acquired brain injury from trauma, substance use, or other causes. Your overall intellectual functioning fell in the low average range and the pattern of finding aligns with longstanding verbal and language-based weaknesses, rather than a decline.
While you have a history of epilepsy, its later onset and low seizure burdens suggest that any cognitive effects are minimal and subtle at most. Your ongoing symptoms of anxiety, depression and trauma-related distress likely contribute to some of the cognitive inefficiencies observed, particularly in demanding or high pressure communication situations.
Ms Prado made a number of recommendations that accompanied these findings. You have embraced her recommendations and they have been of great assistance, not only to the CISP team, in dealing with you and directing you in your rehabilitation, but also to you personally. I accept the opinions that Ms Prado has provided and I have taken those into account in sentencing you today.
[8]
Your plea of guilty is not an early one however holds utilitarian value. You have spared the court the time and cost of a trial, in relation to this matter and it has significantly reduced the time and cost that would be involved in your other outstanding matter. Importantly, it shows your desire to facilitate the course of justice and in my view, a significant discount is warranted for your plea. You have taken responsibility for this offending and it is demonstrative of some remorse. The most compelling evidence of this, is your progress on CISP.
You have spent a total of 351 days in custody, which I take into account, from a totality point of view.
[9]
You were released on CISP bail in August 2025 and you have engaged in a thoroughly respectful, consistent and motivated way. You have broken ties with negative peers, which is incredibly important in your case. You have remained abstinent from drug addiction since July 2024 and have returned to work.
You have maintained strong engagement with your family, in particular, your sister and her young children who you have been assisting regularly. Importantly, you have resumed your involvement in soccer, which is a healthy and prosocial outlet. You have also commenced counselling with Cathartic Counselling to assist in determining the root cause to your offending and abuse of drugs.
[10]
I consider the appropriate sentence in relation to the offences that are before the court is one of a community correction order. The order will be of limited duration and the only condition is to be that of community work, as such an assessment is not required. You are ordered to undertake a community correction order for 9 months with 80 hours of community work as a condition.
In addition to the condition that I have imposed there are standard conditions that you must comply with:
[11]
a) The first and foremost is that you are not to commit any offences punishable by imprisonment;
>
> b) Report within two days to your nearest Community Corrections office which is Dandenong Community Corrections.
>
> c) You will need to advise your supervising corrections office of any change of address where you are living or working, within two clear working days.
>
> d) It is a term of all community correction orders that you must submit to visits as directed, and obey the instructions and directions of the Corrections officer.
>
> e) You cannot leave the State of Victoria without their permission.
[12]
The court can only place you on a community correction order if you agree. Do you consent to doing a community correction order in those terms?
OFFENDER: Yes.
HER HONOUR: Thank you.
In accordance with s5 of the Sentencing Act, I have taken into account general and specific deterrence and just punishment. [1] This is a punitive order. It has no therapeutic component as I consider that has been accounted for by way of CISP. I denounce the crimes that you've committed. I have given consideration to parsimony and proportionality. In my view, this is the appropriate punishment for you and it is a punishment that, in my view, fits the gravity of the crimes that you have committed.
I have taken into account that you have a limited prior criminal history, that you have served time in custody and you have engaged very well in a period of CISP bail. It is in these circumstances that a Community Correction Order is an appropriate punishment.
[13]
The summary charge of driving whilst disqualified, dangerous driving and theft of motor vehicle, require an order cancelling your licence. Your licence will be cancelled and you will be disqualified from obtaining another for six months on the charge of dangerous driving, three months on the charge of driving whilst disqualified and three months on the charge of theft of a motor vehicle. These periods will run concurrently.