DPP v Xi [2025] VCC 1961

1. Yinguri Xi, you have pleaded guilty to one charge of attempted armed robbery and one charge of possession of a drug of dependence.
2. You have also agreed to this Court hearing, and have pleaded guilty, to the summary charges of non-prohibited person use an imitation firearm (charge 6), possess prohibited weapon (rolled up to include the extendable baton and knife); and non-prohibited person did possess an imitation firearm without an exemption (charge 13).

1. The full circumstances of your offending are outlined in the prosecution opening, marked as Exhibit B. This constitutes the factual basis upon which I sentence you.
2. On Friday, 30 August 2024 at approximately 4:56PM, Qin Lin finished work and locked the roller doors at the CQ Liquor warehouse on Northern Road. He walked towards his wife and 9-year-old son, who were waiting outside at the warehouse gate in their car to pick him up.
3. Dashcam footage from his wife's car shows you pulling a black imitation handgun from a duffel bag and running towards Mr Lin from Northern Road. (Exhibit 2, Dashcam 3-XGSC1621 at timestamp 1:51:52PM)
4. You pointed the gun at Mr Lin's upper body and walked him backwards 5 or 6 paces before turning him around and placing him in a headlock with his left arm and holding the handgun with his right hand to his face. You demanded that Mr Lin 'open the fucking door'. (Charge 1, attempted armed robbery)
5. While still pointing the handgun at Mr Lin, you turned Mr Lin back around to face his wife and child and told him again to open the roller door. Mr Lin yelled to his wife in their Chinese Fukien dialect to call triple zero, which she did.
6. Mr Lin opened the roller door and your two associates entered the warehouse carrying a backpack and duffel bag. Shortly after their entry, the security alarm sounded and you said, 'Fuck it, let's go'. The three offenders ran from the warehouse in the direction of Northern Road, Heidelberg West without taking anything from CG Liquor.
7. Stephen McCall, who was next door to the address, heard Mr Lin's wife yelling 'Call triple zero' from her car. Mr McCall then saw the three offenders running. As you ran past, you pointed the handgun at Mr McCall and said, 'Don't do anything stupid'. (RSO charge 6, use imitation firearm). Mr McCall called triple zero.
8. Another witness who was leaving work at the time nearby saw the offenders carrying duffel bags and a backpack running east on Northern Road and get into a maroon-coloured Renaut Koleos and drive away. He took a photograph of the car.

1. On 11 November 2024, police executed two search warrants at your home address in Point Cook. Police seized two mobile phones from your bedroom, as well as clothing/items matching the clothing worn by you on 30 August 2024.
2. You cooperated with police and said that there was a firearm in your backyard, buried under a triangle shaped stone by the water tank. The firearm was seized and determined to be a 7-8 mm Air calibre Gel Blaster, incapable of functioning in its received condition due to missing parts. 12 (RSO charge 13, possess imitation firearm)
3. Police also seized:

a) In the bathroom - a Rose Hydrosol bottle containing 242.7 grams of 1,4-butanediol from under the sink (Charge 2, possess drug of dependence).

b) In bedroom 2 - an extendable baton in a small grey storage container and a curved knife in a sheath in a drawer (RSO charge 9, possess prohibited weapon)

1. You were conveyed to the Werribee Police Station where you provided a 'no comment' record of interview.

1. One of the mobile phones seized from your bedroom contained the following:

a) A Google Maps search in 'recent' searches for the Northern Road address, Heidelberg West (location of the offending) and your home address.

b) Screenshots (x 31) in the camera roll taken in the early hours of the morning on 30 August 2024 of CG Liquor's website and items in stock.

1. On 30 August 2024 at approximately 1:00PM (4 hours before the offending), Xuanq Zhang rented a maroon-coloured Renault Koleos from Sixt Rentals in Hoppers Crossing. Mr Zhang provided your home address and mobile phone number as contact details.
2. On 2 September 2024 at approximately 12:20PM, you returned the Renault Koleos to Sixt Rentals.

1. Your offending on charge 1 is plainly serious, as indicated by the maximum penalty of 20 years' imprisonment.
2. The entire incident is captured on camera and was played in Court. Your conduct is shocking. As your Counsel put it, you have offended for the first time in quite a spectacular, and I add, brazen, manner.
3. As accepted by your Counsel there are several aggravating features of the offence including some degree of planning, as indicated by the research undertaken and the coordinated attendance at the location, with others, armed and wearing face coverings.
4. Although there is no victim impact statement, I accept that your offending would have been most confronting and terrifying for Mr Lin. He was confronted with what appeared to be a real firearm, though I note that it was an imitation. The offending was also witnessed by his wife and child, who were waiting in the car for him, and who are very likely to have been adversely affected by what they saw.[1]
5. The summary charge of use imitation firearm relates to you pointing the handgun at Mr McCall, to effect your getaway.
6. The prosecution submit that although no property was taken this is a very serious example of attempted armed robbery such that a significant term of imprisonment is appropriate. They outline at paragraph [9] of their submissions all the relevant factors relevant to an assessment of the gravity of the offending. They also submit that as you were the main offender, coupled with the high degree of planning in this matter, means that your moral culpability for the conduct can be considered objectively high.
7. Your Counsel submits that while the offending is serious the attempted armed robbery itself can be described as amateurish. Its execution, that is on a Friday at 5:00PM in an industrial area where one would expect it to be busy, betrays your immaturity and lack of experience. While there was a degree of planning the evidence in respect of this is confined to just the morning of the offence. She submits that while the offending does not sit at the 'lower end' of seriousness, given the aggravating features, it sits somewhere towards the upper end of the mid-range for this offence. Overall, I accept this characterisation.
8. You told psychologist Ms Gina Cidoni that your offending occurred during a period when you were heavily affected by substance use. You told her that when under the influence of a combination of alcohol, ice and GHB you act and think differently. You reported that you had withdrawn from study and work at the time and were living with your mother while concealing your substance use from her. I accept, as Ms Cidoni opines that your intoxication at the time would likely have materially affected your behavioural regulation, rational judgement and full appreciation of your conduct. While this provides context it is of course not an excuse for what you did, nor is it mitigating.
9. In relation to charge 2 I note that the quantity was five times the traffickable quantity for the drug. However, I am satisfied, on balance, that this offence was not committed for any purpose related to trafficking in 1,4-Butanediol. Accordingly, I accept that the lower sentencing regime applies. In brief, I am satisfied having regard to the location and packaging of the drug, that is it was contained in a single bottle, in an ensuite, among other personal belongings; your history of GHB use as outlined to Ms Cidoni and the absence of any indicia of trafficking.
10. In respect of the remaining summary charges, they arise from the execution of the search warrant on your home. The Gel Blaster was seized, incapable of functioning in its received condition due to missing parts. The prohibited weapon charge is a rolled up one, accounting for an extendable baton in a storage container and a curved knife in a sheath in a drawer.

1. You have entered a plea of guilty at a relatively early stage. While you ran a contested committal hearing, it only involved cross-examination of the informant. Your plea of guilty has significant utilitarian value. It has spared the victim the distress of reliving what was no doubt a traumatic event. Your plea also indicates your willingness to facilitate the course of justice and accept responsibility.
2. I also accept that your plea demonstrates genuine remorse. This is also consistent with your representations to others. Your character references speak of the genuine remorse you have expressed. During your recent assessment with Corrections, you acknowledged your offences and how your actions would have impacted the victim emotionally. You demonstrated remorse, advising that you were deeply regretful and wanted to do better. In your letter to the Court you apologise for what you appropriately describe as your 'utterly disgusting behaviour' and state 'I can clearly see that the crime I have committed is unacceptable and that I may have caused psychological distress and future traumas for my victim.'

1. Your personal circumstances were outlined by your Counsel and in the psychological report of Ms Gina Cidoni.
2. In summary you are now 21 years of age. You were born in northeast China and spent your early childhood living with your maternal grandparents. Your parents had already migrated to Australia and you remained in China until you were 8 years of age. You are an only child.
3. You describe your grandmother as emotionally distant and unavailable and your grandfather as strict, austere and physically abusive. It was not a nurturing or safe environment for you.
4. At the age of 8 your parents returned and bought you to Australia, where you began living with them for the first time. This represented a significant improvement in the quality of your life. The family initially settled in South Australia, where you lived for five years, before moving to Melbourne.
5. Your parents remained together until you were 15 years of age. Your paternal grandparents in China died in close succession which prompted your father travelling back to China. Prior to this he had been operating a business in China and had spent years travelling between the two countries, consumed by his work. He ended up remaining in China and this provides the context of your parents divorce. Your contact with your father ended and you were left feeling abandoned.
6. Following the separation, you lived solely with your mother, who supported you and worked long hours as a cleaner. You lived together in Point Cook until you briefly moved into student accommodation near Flagstaff at age 18 years while attending university. You returned home after withdrawing from your course.
7. In terms of your schooling, you commenced primary school in China but found this problematic given your home life. On settling in Australia, you struggled and experienced some bullying at school. In one significant incident in Year 6, peers forcibly held you down and simulated sexual behaviour. You found this humiliating and it appears to have left a lasting impact. You did not disclose it to any adults at the time but you reflected with Ms Cidoni that you have in particular experienced discomfort with physical closeness from men and are sensitive to certain types of interactions.
8. You report attending several schools due to your family's relocation and experienced difficulty in settling socially. Otherwise your academic performance was adequate and you completed year 12.
9. After completing school you commenced a paralegal course at RMIT but withdrew after one year due to a lack of motivation. Since your late teens you have assisted your mother in her cleaning business, performing domestic and commercial cleaning work intermittently over several years. You also worked part-time in hospitality roles, including restaurant work, and assisted in a car mechanics workshop during school holidays, performing basic tasks and assisting with maintenance. These positions were casual and short-term, lasting only a few months at a time, offering little in terms of long-term direction.
10. You reported overall good health and no history of mental health diagnosis or treatment.
11. Turning to your history of drug and alcohol use, you began drinking socially in your mid-teens, describing your alcohol use as moderate. You first used cannabis in your late adolescence and continued to use it intermittently into adulthood. Your last use occurred several months before your remand. You reported some use of MDMA, ketamine, and cocaine in your early twenties, mainly when attending nightclubs and peers. You also reported using prescription medications such as Valium and Xanax that were not prescribed to you, often in combination with alcohol. You felt that this helped you cope better in the company of others. In the months leading up to your arrest you were using methamphetamine by smoking it, as well as GHB. You were first exposed to these substances through friends and your use escalated when you were living away from home. You told Ms Cidoni that your use progressed to the point where you felt that you had lost control over yourself. Now that you are sober you intend never to use substances again.
12. As previously noted you had concealed your escalating substance use from your mother and now she clearly is aware of it.

1. Ms Cidoni assessed you and used a number of tools, including the Millon Clinical Multiaxial Inventory (MCMI-IV) which is used to assess personality traits and clinical symptoms. The results did not indicate any personality disorders. They suggested a tendency towards reduced social engagement, limited emotional expressiveness, and a preference for maintaining interpersonal boundaries. Elevations were also observed in areas associated with generalised psychological tension, alcohol use, and drug use. Additional scales showed clinically significant features of depressed mood and stress-related disturbance, reflecting patterns of lowered affect, and reduced motivation.
2. The clinical evaluation indicated you have the following clinical diagnoses in line with the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition text revision (DSM-5- TR):

(a) generalised anxiety disorder, chronic (GAD)

(b) other specified trauma- and stressor-related disorder

(c) other specified depressive disorder (trait features)

(d) methamphetamine and GHB use disorder, in sustained remission, in a controlled environment

1. The Generalised Anxiety Disorder is supported by your long-standing history of excessive worry, tension, restlessness and sleep disturbance. You reported persistent anxiety beginning in childhood and continuing into adulthood, with symptoms present most days during periods of stress. These symptoms have caused functional impacts, including difficulty concentrating, withdrawal from social interaction and impaired coping.
2. Your other symptoms reflect trauma-related distress - and she refers to your adversity in your childhood and the distressing bullying incident you report - that do not meet the full criteria for post-traumatic stress disorder but are clinically significant, stable over time, and linked directly to identifiable traumatic events. Other specified depressive disorder is supported by recurring low mood, reduced motivation and periods of diminished interest that do not reach the threshold for a major depressive disorder.
3. The substance use disorders are supported by your history pf escalating drug use in the months before arrest.
4. Ms Cidoni opines that your drug use at the time of the offending substantially impacted you. She also considers hat in addition to the effects of substance use, your diagnosed mental health conditions contributed to impaired functioning at the time. Your generalised anxiety disorder would have exacerbated your stress sensitivity and reduced your capacity to think clearly or weigh risks coherently. Your trauma related symptoms also contribute to hypervigilance, mistrust and impaired emotional regulation. Your depressive traits also further contributed to reduced resilience at the time of the offending. Your capacity for behavioural regulation was further reduced as you had withdrawn from study and work, were concealing your escalating substance use from your mother and you were socially isolated except for peers who were also using drugs. While your home environment was a supportive one, you had actively disengaged from protective relationships and were attempting to cope with internal distress in private, without disclosure or treatment. I accept in general terms that your circumstances at the time had deteriorated and you were left without stabilising routines or adequate supports and clearly your sleep deprivation, excessive drug use and negative peer association impacted your behaviours and decisions.

1. Ms Cidoni also opines that your 'developmental and social adversity provides important context for understanding the enduring psychological vulnerabilities that contributed to the offending'. Your early years were marked by emotional neglect, physical abuse, and the absence of stable caregiving, conditions known to interfere with the development of secure attachment, emotional regulation, and internalised self-worth. The abrupt departure of your father in adolescence compounded these difficulties and reinforced patterns of abandonment, mistrust, and insecure identity formation. In turn, these experiences have shaped your long-term coping style, leading to social withdrawal, heightened anxiety, and a tendency to manage emotional distress through avoidance rather than help seeking. Substance use was a way for you to feel more confident and socially connected but ultimately escalated into dependence, impairing and compromising your functioning.
2. Ms Cidoni also offers opinions as to the likely impact of imprisonment on your mental health. She states at paragraph [86] -

Mr Xi's mental health conditions and developmental vulnerabilities mean that imprisonment is likely to have a heavier impact on him than on the general prison population. He entered custody at a young age, with chronic anxiety, trauma-related symptoms, and long-standing difficulties with emotional regulation.

1. Further, she opines that there's a 'meaningful risk' that imprisonment will cause deterioration in your mental health more severely than for the general population. Although you have remained stable, she considers that prolonged confinement may entrench withdrawal, your mistrust of others, and increase the likelihood of internalising symptoms, particularly in light of your young age (see paragraph [86]).
2. Based on the evidence of Ms Cidoni your Counsel submits that both limbs 5 and 6 of Verdins have application[2]. The prosecution, while not disputing the diagnoses, dispute the application of either limb. They submitted that the Verdins principles are 'exceptional' and there is insufficient evidentiary foundation to support the application of either limb.
3. On the evidence, I accept that limb 5 has application and I will give it some weight. As explained by Ms Cidoni, your conditions make you more sensitive to the stresses of confinement. Your exposure to the custodial environment, marked by noise, conflict and the threat of interpersonal tension, is likely to heighten your anxiety and reinforce interpersonal tension in custody. Your history of trauma also increases the psychological strain of prison and renders you more susceptible to internal distress in response. Therefore, I accept that your mental health conditions may mean that imprisonment will weigh more heavily on you then it would on a person in 'normal' health. As for limb 6, I take the risks canvassed by Ms Cidoni into account and accept that prolonged confinement may serve to entrench some of your symptoms, but I don't consider, on the evidence, that it reaches the qualitative threshold required by limb 6 of Verdins, that is that there is a serious risk of a significant adverse effect on your mental health.

1. In addition, your Counsel submits that imprisonment is more burdensome for you because you face a risk of deportation and this causes you anguish. You are a non-citizen and you face possible deportation to China upon being released from custody. By operation of section 501(3A) of the Migration Act, you may face mandatory visa cancellation, depending on the sentence imposed.
2. I take into account that this prospect, while uncertain, is weighing on you heavily. You have lived in Australia for more than half your life, that is, since the age of 8. Your mother gave evidence as to your limited connections and ties in China. She confirmed that your father resides in China but that you do not have a good relationship and you have very little contact with him. When he has returned to Australia for visits over the last few years you have seen him no more than three times. While your mother has some family members in China she gave evidence that you are no longer familiar with them and they cannot speak English. You have never met her siblings. She also confirmed that she is a permanent resident in Australia and owns and operates her own cleaning company. She confirmed that the two of you have discussed the prospect of your removal and stated that you are very concerned and scared. You are very concerned about how you will survive in China. You cannot read and write and she described your spoken Mandarin as 'very bad' and simple.
3. Of course, it is entirely unknown and unclear as to whether such executive action will be taken and then if it is, whether it will actually result in deportation. Also, the prospect of deportation cannot be taken into account in a manner that results in a distortion of the intuitive synthesis in the sense that it results in a sentence that is not appropriate in all the circumstances.
4. I take into account your anguish which I accept is real and significant and which increases the impact which a sentence of imprisonment will have on you.[3] I make this finding based on all your circumstances, including your established and significant ties to the Australian community and your now limited and tenuous connection to China.

1. In sentencing you I take into account your youth and have had regard to the well-established principles, as cited by your Counsel. The Court of Appeal has often emphasised the youth of an offender, particularly a first offender, must be a primary consideration when sentencing a young person, and in such cases rehabilitation will generally be more important than general deterrence. If the offender has not previously been incarcerated, a shorter period of imprisonment may be justified, indeed, it has been said that a youthful offender is not to be sent to an adult prison if such a disposition can be avoided. The weight to be given to an offender's youth and their rehabilitation decrease as the seriousness of the offence increases. In your case, I do not consider that the objective seriousness of the offending significantly diminishes the importance of rehabilitation.
2. In Azzopardi the Court of Appeal referred to the immaturity of young offenders, stating[4]:

'... young offenders being immature are therefore 'more prone to ill-considered or rash decisions'. They 'may lack the degree of insight, judgment and self-control that is possessed by an adult'. They may not fully appreciate the nature, seriousness and consequences of their criminal conduct. ...'

1. Relevantly Ms Cidoni at paragraph [78] of her report references your young age, stating that your 'prefrontal cortex was still developing, which affects impulse control, planning, risk assessment, emotional regulation and the capacity to foresee harm.' You also exhibited features commonly observed in late adolescence and early adulthood including heightened susceptibility to peer influence and limited capacity to project long-term consequences.[5]
2. I accept that your youth should be given prominence in the sentencing exercise. Of course I must still give appropriate weight to other sentencing considerations, including general deterrence.
3. I also take into account your previous good character. You have no prior or subsequent convictions or findings of guilt. The character references tendered collectively speak of your character in positive terms and to this offending as being out of character.

1. In all the circumstances, I accept that you present with very positive and favourable prospects of rehabilitation. You are young and you have no prior or subsequent convictions. You have demonstrated appropriate insight into your offending and genuine remorse. You have supports available in the community, including your mother. She gave evidence or your close relationship. She regularly sees you in custody and can provide you with both housing and employment in her cleaning business, where you have worked before and are keen to return to. Your mother commenced a new relationship several years ago and this man has represented a stable father figure in your life. These are all significant protective factors.
2. I have also taken into account the character references tendered on your behalf which refer to you as an 'intelligent and respectful young man' and speak of your remorse.
3. Your Counsel additionally points to your commitment to reform in the period since being charged, as evidenced by the many courses you have undertaken on remand. The programs you have completed include all 10 modules of the ATLAS Program, the Peace Education Program and the individual programs of 'Adapt', 'Take Stock A and B', 'Learning for Life' 'Healthy Relationships' and 'Recalibrate'. She also points to the absence of personality disorder or a history of antisocial behaviour; and the deterrent and salutary effect of being charged, convicted and imprisoned.
4. Ms Cidoni assessed your risk of reoffending using a range of tools and applying clinical judgement. At paragraph [81] of her report she concludes as follows:

"Mr Xi's risk of reoffending sits in the moderate range once all relevant information is combined. His history of trauma, unstable early caregiving, anxiety, and long-term difficulties with emotional regulation create vulnerabilities that do not disappear on their own. These background factors place him at greater risk during times of stress or change. However, he has no prior convictions and there is no pattern of past violence, meaning he does not fall into a persistently high-risk category. The main reason his risk is elevated is the role that drugs played in the offending. His methamphetamine and GHB use at the time significantly changed his behaviour, judgement, and impulse control. When he was using heavily, he was exhausted, confused, associating with people he would not normally spend time with, and making decisions he could not explain when sober. If he were to return to drug use after release, his risk would immediately increase. If he stays abstinent and connected to treatment, the evidence suggests his risk would fall considerably."

1. Ms Cidoni considers that your most important treatment need is comprehensive support for substance use. You will require alcohol and other drug treatment after release. She also considers that you would benefit from psychological therapy focused on anxiety management, emotional regulation and the effects of childhood trauma. Ms Cidoni considers that your rehabilitative prospects are good. There is strong potential for you to make lasting positive changes with continued treatment, stable housing and support to maintain abstinence. Ms Cidoni considers that remaining in custody for significantly longer may delay, rather than support, the therapeutic work that is required for your long-term rehabilitation (at [87]).

1. The purposes for which sentences may be imposed are just punishment, general deterrence, specific deterrence, rehabilitation, denunciation and protection of the community.
2. I take into 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 sentencing landscape for this offending and to a range of cases, including those referred to by Counsel. Your Counsel referred to a number of decisions of this Court to assist with current sentencing practices. She submits that the 'strong flavour' of the cases is that rehabilitation is clearly given pre-eminence when an offender is young and has either no or minimal priors. These cases have offered guidance, but clearly each case needs to be decided on its own facts. I note that none of the cases referred to appear to have involved the use of a firearm or imitation firearm. I have also considered the prosecution cases and note that they appear to mainly involve charges of armed robbery. While I accept they still provide some guidance as suggested by the prosecutor, armed robbery is a different offence with an increased maximum penalty.
3. Both Counsel submit that an immediate term of imprisonment is required, given the seriousness of your offending. However, the prosecution submit that it should be structured with a head sentence and non-parole period and your Counsel submits that a combination sentence is open. Further, she submits that you have served more time than is necessary to achieve the relevant sentencing purposes. She submits the Court should approach the sentencing task by first determining what the appropriate sentence is, instead of simply imposing a sentence of time served.
4. You have already served a significant period in custody on remand. This however, while very relevant, should not dictate the outcome and I accept your Counsel's submission that the Court must not impose a term of imprisonment simply because you have already served the time. The Court's task is to impose a sentence according to law that is just and appropriate, reflecting your overall criminality and the relevant sentencing purposes and weighing the mitigatory factors in your case.
5. Sometimes the gravity of the offence, and the need to reflect the various sentencing purposes dictates a sentence comprised of a minimum non-parole period. There are many purposes of sentencing and rehabilitation is but one. General deterrence is another, as is punishment. There are clearly some tensions at play in the sentencing exercise. Importantly you can call in aid several mitigating factors. Most importantly, you are a youthful first offender with no criminal history at all. I have assessed your future prospects as being very favourable. You are not a person with an entrenched criminal disposition. In your case, a term of imprisonment cannot be avoided given the serious nature of your offending. However, this is your first period of imprisonment in adult custody. The present sentence may 'cast the die' for your future[6]. Rehabilitation must be a primary consideration, both for you and the future well-being of the community. In the long term I consider that the community is better served and protected by fostering and maximising your rehabilitative prospects.
6. As the Court of Appeal stated in Boulton a community corrections order is likely to be a particularly important sentencing option in the case of a young offender, where they may be a perceived conflict between the need to punish and the importance - both the community and to the offender - of rehabilitating the offender[7]. Since the community corrections order can be used to rehabilitate and punish simultaneously, the conflict is likely to be reduced. In addition, the Court stated that, 'even in cases of objectively grave criminal conduct, the court may conclude that some or all of the punitive, deterrent and denunciatory purposes of sentencing can be sufficiently achieved by a short term of imprisonment ... if coupled with a community corrections order of lengthy duration, with conditions tailored to the offender's circumstances and the causes of the offending, directed at rehabilitative purposes.
7. I had you assessed for a community corrections order and you were assessed as suitable, with conditions.

1. Synthesising all relevant factors you are convicted and sentenced as follows -
2. On the charge of attempted armed robbery, 10 months' imprisonment with a community correction order of two years.
3. Charge 2, possession of drug of dependence, community corrections order, and that is the same community corrections order, two years.
4. The summary offences, Charge 6, I impose a community corrections order.
5. The next charge which is the possess prohibited weapon, I will find the charge number, but that is also part of the community corrections order.
6. The next charge, Charge 13, non-prohibited person possessing imitation firearm, I also impose the community corrections order.
7. The conditions imposed on this order, putting aside for a moment the core conditions, are as follows:

(a) Supervision;

(b) Treatment and rehabilitation for drugs;

(c) Treatment and rehabilitation for alcohol;

(d) Treatment and rehabilitation for programs;

(e) Treatment and rehabilitation for mental health;

(f) Community work. I am imposing a total of 150 hours. I am offsetting 60 hours against treatment undertaken. I indicate here that I have reduced the hours that I would otherwise have been inclined to set on this order, so as to reflect a further matter that I have taken into account, namely that you have served an additional period of time in custody beyond what I have sentenced you to.

1. Pursuant to s18 I declare that you have served 10 months, but I note obviously that there has been the period of 402 days.
2. Pursuant to s6AAA, I declare that had you not entered a plea of guilty, I would have sentenced you to some four years' imprisonment with a non-parole period of two years and four months.
3. Section 6AAA declaration, It is three years seven months with a minimum of two years and three months.
4. I make the ancillary orders, that is the disposal, forfeiture and control of weapons, forfeiture order in the terms sought, unopposed.
5. Counsel, is there anything further?
6. MS HOGG: Nothing further, Your Honour.
7. MS FRANJIC: No, Your Honour.
8. HER HONOUR: Thank you. Do you need, Ms Franjic, the link for a moment?
9. MS FRANJIC: No, Your Honour.
10. HER HONOUR: All right, thank you. We will adjourn.

[1] 1 Lyddy v The Queen [2019] VSCA 35.

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

[3] Guden v The Queen [2010] VSCA 196; Akot v The Queen [2020] VSCA 55.

[4] Azzopardi v The Queen [2020] VSCA 140.

[5] R v Mills [1998] 4 VR 235; Azzopardi v The Queen [2011] VSCA 372; (2011) 35 VR 43.

[6] Seualuga v The King [2024] VSCA 7 (20 February 2024).

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