DPP v White [2025] VCC 705

I am not fucking joking. I don't give a fuck. Open the fucken register now. I'm gonna whack you the fuck over the head, yeah. There's a big sting, yeah. Go straight to your fucking brain, yeah. I'm a brain surgeon. Bitch, open the fucking register.

1. Ms Liu directed her staff to the rear exit and then armed herself with a mop. She told you to go. You then made further threats including:

I will break your fucking head open. I'll kill you. I will fucking kill you. You have five seconds before I smash your fucking head open ... open the fucken register.

1. Ms Liu told you to leave multiple times during the verbal exchange. You then left the store through the front entry. Charge 3, attempted armed robbery, is based on that conduct.
2. Police attended at the Bakehouse at approximately 2 pm. They located you at a nearby bus shelter. After initially complying with police requests that you move away from the bus shelter, you then ran from police. They chased you and eventually arrested you. You were in possession of cigarettes, the Coles bag, and a satchel. The metal pole was concealed under your clothing and was seized by police.
3. Charge 4, possession of a drug of dependence, is based on police finding a small amount of cannabis in a cigarette packet found in your possession.
4. You were interviewed by police and, in essence, you denied any offending. You have remained in custody since your arrest on 1 June 2024.
5. The offence of armed robbery carries a maximum penalty of 25 years' imprisonment. The offence of attempted armed robbery has a maximum penalty of 20 years' imprisonment, and the offence of possession of a drug of dependence has a maximum penalty of 12 months' imprisonment.

1. Ms Pezzimenti, who appeared on behalf of the Director of Public Prosecutions, tendered a victim impact statement prepared by Ms Liu. It is clear that your conduct has had a significant impact upon her emotional functioning and well-being. She is hypervigilant and has contemplated selling her business because of her fear of further criminal behaviour. She continues to have trouble sleeping, particularly when reminded of the offence. Her charitable work on behalf of homeless persons has reduced because of her fears. The atmosphere within her business has also changed given she is now 'always on edge'. She enjoyed living in the town of Ballarat over the previous 20 years, but your conduct has made her feel uncomfortable living here.
2. Victim impact statements have not been obtained from the other victims.

1. You were born in Melbourne in November 1993. You are now 31 years of age. Your mother is a registered counsellor and your father a kinesiologist. Your parents separated before you were born. You have an older maternal half-brother, an older maternal half-sister and a younger half-brother. You remain in contact with your siblings and report that you get on well with each of them.
2. You were raised by your mother with occasional contact with your father until the age of three. Your father reached out to you when you were about eight years of age, and you remain in contact with him.
3. Your mother entered another relationship when you were still young. Your then stepfather was physically abusive towards you. He also had a gambling problem that resulted in the loss of the family home. Your mother has since separated from that person and has remarried. She lives with her husband in the town of Terang. Your mother was diagnosed with cancer in early 2024.
4. Your education was limited. You attended four different primary schools and two different high schools. You report having struggled academically and receiving assistance from a teacher's aide and volunteers at times. You also report having been bullied and you were frequently in trouble for being disruptive in class. You completed Year 10 at the age of 15.
5. You have had a number of short-term jobs since leaving school. You have also completed a Certificate III in Food Handling, a Certificate III in Engineering and you have also obtained a forklift driver's licence. You lost your job in a seafood warehouse approximately two months before these offences were committed.
6. You underwent cognitive assessment when you were in primary school. The assessment indicated a full-scale IQ of 73.
7. You have been involved in approximately five or six relationships, none of which lasted very long. You have a child, born in January 2017, following a six-month relationship with the child's mother. Despite your separation from your child and his mother, you remain on good terms and you were seeing your son every two weeks before you were remanded in custody.
8. Tendered on your behalf is a report of Gina Cidoni, psychologist, dated 10 August 2024.
9. You told Ms Cidoni that you left the family home at the age of 25. You returned to live with your mother in Terang when she was diagnosed with cancer.
10. You told Ms Cidoni that before you were remanded in custody you were in regular contact with your father who had recently been diagnosed with Parkinson's Disease.
11. Ms Cidoni also interviewed your mother who told her that you struggled socially at school and had difficulty making friends. Other children did not want to play with you and these problems, according to your mother, continued into your adulthood where you struggled to hold down work and relationships. Your mother reported that you were formally diagnosed with Asperger's Disorder at the age of 17.
12. You became aware of your mother's cancer diagnosis in January 2024. Your use of drugs, particularly methylamphetamine, increased following you becoming aware of her diagnosis. On psychological testing, Ms Cidoni considered that your verbal comprehension skills are in the extremely low range and above those of only .3 per cent of your peers. Your working memory was better than approximately four per cent of your peers.
13. Ms Cidoni considers that you meet the diagnostic criteria for Autism Spectrum Disorder (ASD). She considers your cognitive impairment requires further investigation by a neuropsychologist. She states that your methylamphetamine use at the time of your offending altered your mental state by inducing acute psychotic symptoms that distorted your perception of reality. Additionally, your pre-existing cognitive and social impairments, particularly those associated with your ASD, make it challenging for you to interpret social cues, understand the consequences of your actions and regulate your emotions effectively. Your impairments, she said, heighten the risk of impulsive and maladaptive behaviours, especially if they remain untreated, and significantly impact your ability to cope with imprisonment. You also require comprehensive substance abuse treatment to help you maintain abstinence and prevent relapse.
14. Also tendered on your behalf is a report of Associate Professor Rajan Darjee, consultant forensic psychiatrist, dated 23 April 2025. You were assessed by Professor Darjee on 19 March 2025. Following assessment and review of a number of reports, Professor Darjee is of the opinion that you probably suffer from ASD; a substance misuse disorder (in remission in a controlled environment); that you suffered psychotic symptoms due to taking substances prior to and at the time of the offending; you suffered some mild residual psychotic symptoms in prison; and have an adjustment disorder due to you struggling to cope with being in prison for the first time.
15. Professor Darjee states that your developmental history, your presentation to other clinicians, the results of previously administered screening questionnaires, your mother's report to Ms Cidoni, and your presentation at interview, are in keeping with a diagnosis of ASD. You appear to have had longstanding difficulties with social interactions, with non-verbal communication and conversational reciprocity, with perspective taking and emotional reciprocity, some sensory issues, repetitive movements and associated cognitive issues. Your ASD makes you vulnerable in the context of interpersonal difficulties, changes and stress. It has impacted on your education, employment, intimate relationships and other aspects of your life.
16. You also have a significant history of drug and alcohol abuse. You reported to Professor Darjee that you started smoking cannabis when in your teenage years, and that you used methylamphetamine, on and off, from the age of 18 or 19 until you were 22 years of age. You have also used dimethyltryptamine (DMT), acid, ketamine and magic mushrooms. Over recent years you stated you were mainly using cannabis and 'ice'. Approximately six months before the index offences, you reported having gone on 'ice benders' lasting up to five days every fortnight. At the time of these offences you were taking cannabis, DMT, alprazolam (Xanax) and methylamphetamine. The six-month period of significant substance abuse leading up to the offending, according to Professor Darjee, appears to have been precipitated by your mother's cancer diagnosis. Your Autism Spectrum Disorder likely made her diagnosis more difficult for you to deal with.
17. You reported experiencing psychotic symptoms at the time of the offending which, according to Professor Darjee, were due to the direct intoxicating effects of methylamphetamine in particular, probably exacerbated by taking other substances, especially cannabis.
18. Professor Darjee does not consider you have a psychotic disorder as you have had minimal ongoing residual symptoms of drug induced psychosis in prison.
19. He is of the opinion that your ASD has predisposed you to difficulties in prison and your problems with stress, anxiety, coping and self-harm warrant an additional diagnosis of Adjustment Disorder.
20. Regarding the offending, you told both Ms Cidoni and Professor Darjee that you have no memory of the incidents and that you blacked out. You said you had been up for five days on a 'bender'. You recall being dropped off at the station and then walking towards Coles. You do not recall being interviewed by police or being charged. You did not believe you had committed the offences until shown the CCTV recordings. You said you were shocked and embarrassed. You expressed an intention to maintain abstinence of illicit drugs given what you had done.
21. Regarding the risk of further similar offending, Professor Darjee stated that all your offending occurred in the context of being affected by substances and you must address your substance misuse problem. If you do not drink or take drugs in the future, it is unlikely that you will behave in a similar way. Professor Darjee considers that you are not antisocial and do not have many risk factors for violence, although you have had problems with social adjustment and coping, underpinned by your ASD, and which make you vulnerable to substance misuse and its effects.
22. Also tendered on your behalf was a letter dated 4 December 2024 from Rene Stephen, volunteer with Prison Fellowship Australia, and an undated unsigned letter from your mother, Julie White-Richardson. Your mother viewed the plea hearing via the zoom link, as she was not well enough to attend Court. I should also note that in Court during the plea hearing, and indeed today, providing their support, were your father, stepfather, older brother and his wife, your older sister and your younger brother.
23. Ms Stephen writes that in her interactions with you she has seen how you have truly reflected on your past mistakes and are determined to turn your life around. You have expressed to her your deep remorse for your offending and a desire to lead a good life upon your release.
24. Your mother writes that you were mentally unwell when you were living with her and her partner just before committing these offences. You were offered professional help which you refused, thinking you would be able to fix your problems yourself. You told your mother you were horrified after watching the videos of your offending, and that you know that you must take responsibility for your conduct.

1. You have admitted your criminal history. As submitted by your counsel,

Mr Brugman, you have relatively few prior convictions. 2. On 5 December 2011, on two charges of burglary, a charge of theft and a charge of criminal damage, you were convicted and placed on a community-based order for 12 months with conditions including that you undergo assessment and treatment for alcohol or drug addiction. You breached that order and on

19 September 2012. The contravention was found proven, and the original order was confirmed. 3. On 1 September 2023, without conviction, you were directed to write a letter of apology to the Bacchus Marsh Police for damage caused to police cells in May 2023 and you were ordered to donate $500 to the Blue Ribbon Foundation. That penalty was imposed in respect to a charge of doing an act prejudicial to the security, order and management of a gaol.

1. Mr Brugman accepted that your offending was serious, warranting a term of incarceration. He submitted, however, that your offending was impulsive and unsophisticated, and showed no signs of planning. Mr Brugman pointed to the fact that you were not disguised, you acted alone, and did not strike anyone with the metal pole or damage any property. He also submitted that these offences, while involving separate offences at three different businesses, all occurred during one episode of offending over a short period of time, and that each offence was itself of short duration.
2. You were arrested soon after the last of your offences and when interviewed you told police that you had not slept, that you were distressed, and you could not recall the details of your offending. You were remanded in custody, where you have remained since the date of your arrest.
3. Regarding your use of methylamphetamine around the time of these offences,

Mr Brugman submitted that this was in response to a number of personal issues, including your mother's and father's illnesses, and the death of a friend. You instructed Mr Brugman that you tried to 'wipe' yourself out with drugs. 4. Mr Brugman also referred to the fact that this is your first time in prison and because of your mental health issues you have struggled within the prison environment. You are placed in the psychiatric unit at Ravenhall Prison and you are experiencing difficulty with your fellow prisoners. However, notwithstanding those difficulties, you have been working as a yard billet and have completed several courses, including a positive parenting course. You maintain weekly telephone contact with your mother and father. 5. Mr Brugman relied on the reports of Ms Cidoni and Professor Darjee as to the burden of imprisonment upon you given your diagnosis of ASD, cognitive impairment, and Adjustment Disorder. 6. Professor Darjee, as I earlier stated, considers that your ASD has predisposed you to difficulties in prison and that your problems with stress, anxiety, coping and

self-harm warrant an additional diagnosis of Adjustment Disorder. 7. At paragraph 55 of his report, Professor Darjee states that due to your ASD, you have had problems coping in prison and you struggle to interact with others and to deal with the unfamiliar environment. This has led to distress, anxiety and

self-harm. In his view, prison is likely to be significantly more difficult for you than for people without your mental health issues. He considers you will remain vulnerable to further deterioration, with anxiety, distress, dysregulation, suicidal ideation and self-harm in prison. 8. Mr Brugman submitted that your sentence should be moderated on account of the psychological evidence giving rise to Verdins' principles 5 and 6. 9. Regarding the risk of you committing similar offences in the future, Mr Brugman submitted that you are not normally a violent person and have no prior convictions for violent offences. 10. He also submitted that your pleas of guilty were entered early and reflect your genuine remorse, noting that when you learned of what you had done, you expressed shock, disgust and embarrassment. 11. Mr Brugman submitted that a combination sentence was open and that a community correction order is both punitive and may also serve to assist in your rehabilitation. 12. Ms Pezzimenti submitted that armed robbery and attempted armed robbery are serious offences, and your conduct has had a profound and significant impact on Ms Liu. It was also submitted that the victims of the other offences, although not having provided victim impact statements, would also have been frightened by your conduct. They were all persons who were working and who should have a right to work without being confronted by someone such as yourself behaving in the way you did while armed with a weapon. There is a strong need,

Ms Pezzimenti submitted, for others minded to commit armed robberies to be deterred. 13. Ms Pezzimenti did not take issue with your cognitive difficulties and the diagnoses set out in the reports of Ms Cidoni and Professor Darjee. No issue was taken with the application of Verdins' principles 5 and 6 as 'going some way to moderating the sentence' to be imposed. Notwithstanding those matters, Ms Pezzimenti submitted that you should be sentenced to a term of imprisonment with a

non-parole period as this would best reflect the seriousness of your offending.

1. All offences of armed robbery and attempted armed robbery are inherently serious offences, as may be gauged by the maximum penalties that Parliament has imposed. However, the level of seriousness can vary significantly when regard is had to the objective features of the particular offending. For reasons articulated by Mr Brugman to which I earlier referred, I consider that your offending in each of the three incidents falls towards the lower end of the scale. I have regard to the unsophisticated nature of your offending and that it did not proceed to the use of force. I accept that each incident was of relatively short duration. This is not to diminish the serious impact your offending had on Ms Liu. Furthermore, I have little doubt that your conduct towards Ms Liu and, in all likelihood, towards the other victims, must have been terrifying. Each victim was simply going about their jobs and should not have to be subjected to such terrifying behaviour.
2. You pleaded guilty to each of the offences at an early time. Your pleas of guilty have saved the Court and community the time and cost of a trial. Moreover, you have spared the witnesses the trauma of having to give evidence. Your pleas have also facilitated the course of justice and reflect an acceptance by you of responsibility for your conduct.
3. I also accept that your pleas of guilty are indicative of your genuine remorse for your conduct. Your remorse is also reflected in your communications with

Ms Cidoni, Professor Darjee, Ms Stephen and your mother. 4. Ms Cidoni writes that you expressed confusion and disbelief over the situation, describing it as a nightmare and asserting that you would never have acted violently if sober. You said you were shocked when you heard and saw the recordings of your aggressive behaviour and felt terrible about what you did. You expressed similar sentiments to Professor Darjee. 5. Although your drug use does not excuse what you did, in the circumstances of this case, I consider it has some impact on my assessment of the level of your moral culpability, as does your low level of cognitive functioning. Ms Cidoni considers you are cognitively impaired and recommended further investigation by a neuropsychologist to determine your strengths and weaknesses and to assess whether you have a comorbid disability. 6. Significant weight must attach to general deterrence, denunciation and just punishment. Persons who commit offences of the kind you committed, or who are tempted to commit such offences, should understand that they risk stern punishment should they do so. Your conduct, committed against persons going about their daily work must also be strongly denounced through the sentence to be imposed. There is also a need for the sentence to deter you from further offending, although the need for this is to be moderated given your limited criminal history and the deterrent effect that your period on remand appears to have had upon you. 7. The sentence to be imposed should also give effect to your rehabilitation, notwithstanding that your prospects of rehabilitation, in my opinion, are guarded at this time. Although you enjoy the support of your family, have only a limited criminal history, and have used your time in custody well, including working as a billet, undertaking courses, and being involved with the prison fellowship, you nevertheless have significant mental health and substance abuse issues that require appropriate treatment. 8. I accept, based on the reports of Ms Cidoni and Professor Darjee, that your cognitive impairment and mental health issues will render imprisonment a heavier burden upon you than on other prisoners who are not suffering mental health problems. I also accept that there is a serious risk of your condition deteriorating while in custody. Some moderation in sentence will be made on account of Verdins' principles 5 and 6. 9. In sentencing you I have also had regard to the comparative cases to which I was referred as well as other comparative sentencing decisions. Sentences passed in other cases may provide some assistance in informing the instinctive synthesis, but they are not precedents that must be followed. Each case must ultimately be decided by reference to the circumstances personal to the offender, the circumstances of the offending, and the aggravating and mitigating features present in the case. 10. Protection of the community from you is also an important sentencing consideration and in formulating the appropriate sentence, I have had significant regard to that consideration. I will return to it shortly.

1. It is also appropriate, in my opinion, to give effect to the totality principle of sentencing to ensure that regard is had to the fact that each of these offences occurred in what may be considered a single episode and that a proportionate sentence should be imposed to reflect the overall criminality of your offending.
2. At the conclusion of the plea hearing on 20 May 2025, I requested a presentence report as to your suitability for a community correction order. A report authored by assessing officer Jordan Austin dated 23 May 2025 has since been filed with the court. Your level of risk is considered high, but you are nevertheless assessed as suitable for a community correction order. It is recommended, if I place you on such an order, that you be subject to conditions including assessment and treatment, including testing, for drugs and alcohol, supervision, mental health assessment and treatment, and participation in offending behaviour programs.
3. I have this day also heard evidence from Ms Austin concerning the proposed order, as well as what the learned prosecutor submitted were lag times between being placed on the order and assessment, treatment and undertaking offending behaviour courses. I accept the proposition that they are a matter of concern.
4. I also evidence from your brother, Jordan Karagianidis. I must say I was impressed with his evidence. He and other family members have considered your situation and are prepared to offer their support upon your release. Their preparedness has gone beyond just saying they're prepared to support you. They have arranged for suitable accommodation, and will all combine to ensure that your accommodation is paid for. They have been and will remain in contact with you. Two of your siblings remain close to where it is proposed you will live in Preston.
5. Having considered the arguments of counsel, each of the sentencing considerations that I am required to take into account, the objective seriousness of your offending and your personal circumstances, I am of the opinion that a combination sentence is appropriate in all the circumstances. In my opinion, your rehabilitation, after serving an appropriate sentence of imprisonment, is not only in your best interests but in the best interests of the community if it can be achieved.
6. I propose to sentence you to a total effective sentence of 15 months' imprisonment and, upon your release, place you on a 24-month community correction order which will have attached to it conditions. Please listen carefully to the conditions that I am now about to read out, because before I can place you on a community correction order, you must agree to being placed on the order.
7. As stated, the order will be for 24 months and will commence upon completion of your term of imprisonment. You will be required to attend at the Reservoir Community Correctional Services office within two clear working days following your release. The mandatory conditions are as follows:
   • You must not commit another offence for which you could be imprisoned during the time that the order is in force.
   • You must comply with any obligation or requirement prescribed by Regulation 15 of the Sentencing Regulations. That means you must not attend at the Office of Corrections or anywhere to which they direct you to attend, under the influence of drugs or alcohol.
   • You must report to and receive visits from the Secretary or his or her delegate - and that includes a corrections officer.
   • You must report, as I have said, to the Community Corrections centre within two clear working days of the order starting.
   • You must let a Community Corrections officer know within two clear working days of you changing your address or employment. You must not leave Victoria without first getting permission to do so from the Secretary or his or her delegate.
   • You must obey all lawful instructions from and directions of the Secretary or his or her delegate.
8. The additional conditions that I intend to impose are as follows.
   • You must be under the supervision of a Community Corrections officer for a period of 24 months.
   • You must undergo assessment and treatment, including testing, for drug abuse or dependency, as directed by the Regional Manager.
   • You must undergo assessment and treating, including testing, for alcohol abuse or dependency, as directed by the Regional Manager.
   • You must undergo any mental health assessment and treatment and that may include psychological, neuropsychological, psychiatric or treatment in a hospital or residential facility as directed by the Regional Manager.
   • You must participate in programs and/or courses that address factors relating to the offending, as directed by the Regional Manager.
   • You must also re-appear at court for a review of your compliance with the order as directed by the court. That is a condition called judicial monitoring.
9. Mr Brugman, do you wish to obtain your client's instructions and to ensure that he understands the conditions?
10. MR BRUGMAN: I have spoken to him about the conditions, Your Honour. I am instructed that he would consent to the order being made.
11. HIS HONOUR: All right. Thank you. Mr White, do you understand each of those conditions I have just read out?
12. OFFENDER: Yes, Your Honour.
13. HIS HONOUR: Do you wish to speak to Mr Brugman before I ask you whether you agree to being placed on those conditions?
14. OFFENDER: I agree, Your Honour, to the placement.
15. HIS HONOUR: I must also warn you that should you breach the order, you will be brought back before me to be sentenced on the original charges and to be sentenced on a charge of breaching the order, and I can sentence you on those original charges and impose a further sentence on the charge of breaching the order. You should understand that the obligations of a community correction order are heavy obligations, and they are also punitive, in addition to being rehabilitative.
16. Now, having said all of that to you, do you agree to being placed on the community correction order in the terms that I have just read out to you?
17. OFFENDER: I do, Your Honour.

1. On Charge 1, armed robbery, you are convicted and sentenced to a term of imprisonment of 12 months and a 24-month community correction order on the conditions that I have just read out.
2. On Charge 2, attempted armed robbery, you are convicted and sentenced to a term of imprisonment of 10 months and a community correction order on those same conditions.
3. On Charge 3, attempted armed robbery, you are convicted and sentenced to a term of imprisonment of 12 months and a community correction order on the same conditions as those that I have just read out.
4. On Charge 4, possessing a drug of dependence, you are convicted and fined the sum of $200.
5. The sentence imposed on Charge 1 is the base sentence. I direct that one month of the sentence imposed on Charge 2 and two months of the sentence imposed on Charge 3 be served cumulatively upon each other and upon the base sentence. I also direct that the community correction orders are to run concurrently with each other. This makes a total effective sentence of 15 months' imprisonment and a 24-month community correction order commencing upon the day of your release.
6. Pursuant to s18 of the Sentencing Act, the period of 363 days is reckoned as already having been served under the sentence that I have imposed.
7. Pursuant to s6AAA of the Sentencing Act, had it not been for your pleas of guilty, the sentence I would otherwise have imposed is one of a total effective sentence of two years' imprisonment, with a non-parole period of 14 months.