Maker v Osekowski and Ors [2025] VCC 1515

1. A chart of offences is attached to these reasons as Annexure A. Given the volume of the charges, it is not proposed to recite the factual summary behind each of the charges, but it was agreed by the defence that the summaries as read to the Magistrates' Court could be accepted by me as accurately representing the factual basis on which the plea was taken. By reason of that, I simply note that I accept the summaries as read to the Court, and summarised in Annexure A on appeal, as accurately setting out the factual basis for the appeal.[1]
2. The maximum penalties associated with each of the charges was helpfully provided by the prosecution. The defence admitted its accuracy. I accept it and it forms part of reasons for my sentence as I have had regard to it for the purposes of assessing the objective gravity of the offending. This is Annexure B.[2]
3. Your criminal history was admitted.[3]

1. As to the charges on the indictment, the prosecution summary was dated 2 September 2025 and accepted by the defence as accurately setting out the factual basis on which the plea was taken. For that reason, I do not need to set out the details of that agreed factual basis in any detail. The agreed prosecution summary is Exhibit P1.
2. On the indictment, Charge 1 is one charge of theft contrary to s74 of the Crimes Act 1958. The maximum penalty for this offence is 10 years' imprisonment.
3. Charge 2 is one charge of robbery contrary to s75 of the Crimes Act 1958. The maximum penalty for this offence is 15 years' imprisonment.

1. In this case I must first deal with the objective seriousness of the offending. Bearing in mind the maximum penalties Parliament has established I assess this at the low end of objective seriousness. This is despite the fact there were threats of aggression toward both witness, Albuquerque and victim, Ritesh and racial slurs which could be said to heighten their fear. It was momentary and reasonably spontaneous action. Very little planning was involved. Both prosecution and defence submit that this was toward the lower end of offending for these offences.

1. An assessment of the moral culpability requires a consideration of the subjective factors that affected you and which underlie the commission of the offending. It also calls for an assessment of the operation of factors which are beyond your control. This may moderate the level of moral blameworthiness to be ascribed to your actions.
2. The commencement of the exercise starts with an assessment of your background. You were born in November 1995 in Kenya to South Sudanese parents who had fled due to war. You lived in refugee camps until your family came to Australia in about 2001. You grew up in Sydney. Your mother gave evidence that you come from a family of six siblings. Your father was lost in the war and your oldest sister was displaced and lost to the family for many years until she was only recently located in Kenya. Your five brothers live in Australia.
3. You grew up normally and were particularly good at sports. You performed well at school. Your family moved in 2011 from Sydney to Melbourne. You continued with your VCE here but your mother described this as a turning point. At around this time you had your first episode of being psychologically unwell and were hospitalised.[4] By about 2015 you had fallen in with the wrong crowd she said, and began experimenting with drugs, leaving your tertiary course at Swinburne University.
4. Your involvement with the criminal justice system began in 2015. You had a long list of offending after this time. In conjunction with this you had some 14 admissions to acute psychiatric inpatient units under the Mental Health Act.[5] On discharge you were put in touch with community mental health services. Through this time you lived at home but struggled with your mental health. You also relapsed into drug use being cannabis, methamphetamine and alcohol.
5. Ultimately both Justice Health and Dr Best diagnosed you with schizoaffective disorder (and schizophrenia) requiring long term medication for both antipsychotic and mood symptoms. Constant "assertive" mental health treatment has also been prescribed by Justice Health and Dr Best.
6. Your offending in this instance (February 2024) is not directly linked to your psychiatric state. Though witness statements seems to suggest you were behaving in an erratic manner this may be the result of drugs or alcohol or both.
7. Bearing all those matters in mind I do not consider there is sufficient evidence on these charges to reduce the moral culpability by any significant amount and I consider your psychiatric state has only a minor dampening effect on your level of moral culpability in relation to the offending committed on the indictment.

1. I consider that by reason of the psychiatric condition you are less a vehicle for both general and specific deterrence than would a person of normal psychiatric health. Verdins limbs 3 and 4 apply.

1. I accept that Verdins limbs 5 and 6 also apply given Dr Best's report. I will take these matters into account also.

1. Your actions toward two staff working usual jobs was threatening, aggressive and laden with the promise of violence. Such behaviour directed toward staff is unacceptable and must be condemned.

1. You are not a young person, now being aged 29. However you showed significant promise as a young person achieving well in sports and completing VCE. You have good family support. However you face twin problems. The first is the psychiatric illness. You have done well to control this in prison with depot injections and long acting medication. This is to your benefit and the benefit of the community. It bodes well for your rehabilitation. The second problem is the drugs. Dr Best comments that you have really benefited from being abstinent while in jail and once again this is to your benefit and the benefit of the community. I consider with the continuation of (1) ongoing medication (2) abstinence from drugs and (3) assertive community mental health management as Dr Best opines you have fair prospects for rehabilitation.

1. This looms large in the assessment of this case because of (1) your history of offending to the date of this offending (2) your offending after you were bailed for this offending, (3) your offending during 2024 when on bail for various offences and (4) your past breaches of CCO orders.
2. In sentencing you for these offences in isolation I also must consider your long standing history and I do so, particularly that these offences occurred while on bail for your offending now on appeal. This warrants a more stern sentence.
3. Having done that I consider that on Charge 1 (Theft) I would sentence you to 2 months. In respect of Charge 2 (Robbery) I would sentence you to 3 months. Given the temporal connection of the offending I would cumulate 1 month of the theft charge to give a total sentence of 4 months.

1. There is no need to set out these matters in detail given the parties agree that the chart of offences summarise these and sets out the dispositions accurately.

The reason I propose to set aside the Magistrate's orders is that in relation to Charge 35 the maximum penalty for the offence of behaving in a disorderly manner in a train, contrary to Rule 26(b) of the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015, is 10 penalty units. The learned Magistrate imposed, with conviction, a sentence of seven days' imprisonment. Such a custodial disposition was invalid.

1. Furthermore since the sentencing before the learned Magistrate the report of Dr Best and the Justice Health records have been received and summarised in Exhibit D1. These go to the defence submission on the plea and for the reasons set out above found the Verdins submissions made.
2. For the reasons above I take into account the relevant sentencing principles as well as being informed by the medical material.
3. I accept that the plea was at an early stage and is evidence of remorse.
4. In coming to sentence due to the volume of charges I have simply adopted the chart of offences tendered by the prosecution as Exhibit P3. In order to properly expose my reason for sentencing as I have it is necessary to mention a few specific matters.
5. In addition to the matters I have set out above however it is clear that the offending at Charge 65 (Carjacking) which forms the base sentence was committed in circumstances where your mental state did play a role. This can be seen from the fact that you were unfit for interview when arrested immediately after the offending on 17 November 2024. This similarly needs to be taken into account on Charges 65, 66, 67, 69, 70 and 71 and I accordingly moderate your level of moral culpability for this offending. If it were necessary I would find that s5(2H) of the Sentencing Act 1991 has been met and that a term of imprisonment is not automatically to be imposed by reason of the link of your mental state to the offending at the time. However this does not arise as I have ultimately imposed a term of imprisonment.
6. As to the theft offences (Charges 1, 4, 7, 17, 18, 20, 21, 22, 25, 32, 33, 40, 60 and 74) this is low level offending: small items taken with little thought or sophistication.
7. The possess controlled weapon without excuse (Charge 2) is similarly low level.
8. The attempted theft from shop (Charge 5) is low level.
9. The unlawful assaults (Charges 6, 12, 38, 50, 55, 61, 64, 66, 67, 69 and 70) are low to moderate examples of this offending given their spontaneity but aggression. It was unprovoked and repeated behaviour.
10. The threat to inflict serious injury (Charge 8) was once again unprovoked, designed to achieve an aim but frightening. It is a low level example of this offending.
11. Use threatening words in a public place (Charge 9) is low level offending.
12. Enter place likely to cause breach of the peace (Charge 10) is low level offending.
13. Burglary (Charge 11) is low level offending.
14. Intentionally damage property (Charges 13, 37, 49, 57 and 63) are low to moderate examples of such offending.
15. Resist emergency worker on duty or obstruct emergency worker on duty (Charges 14, 45, 52 and 56) represent low level offending of this kind.
16. Deal with property suspected to be proceeds of crime (Charge 16) is low level offending of this kind.
17. Possess drug of dependence (Charges 19 and 23) are very low level examples of this kind of offending.
18. Possess dangerous article in licensed premises without excuse (Charge 24) is a low level example of this offending.
19. Wilful damage to property (Charge 26) is a low to moderate example of this kind of offending.
20. Affray (Charge 27) given your role is a low level example of this offending.
21. Reckless cause injury (Charge 34) is a low to moderate example of this offending.
22. Behave in a disorderly manner in a train (Charge 35) is a low to moderate example of this offending.
23. Smoke in train (Charge 36) is a low level example of this offending.
24. Possess suspected stolen good (Charges 43 and 44) are small items and these are low level examples of this offending.
25. Make threat to kill (Charge 48) is a low to moderate example of this offending.
26. Attempt to commit indicatable offence of robbery (Charge 62) is a low level example of this offending.
27. Carjacking (Charge 65) is the base sentence and this is a moderate example of the offending.
28. Fail to answer bail (Charge 71) is a low level example of this offending.
29. Fail to report to police owner not present (Charge 72) is a low level example of this offending.
30. Possess dangerous article in a public place (Charge 73) is a low level example of this offending.
31. The relevant sentencing principles are set out at [19-23]. I refer to and repeat those in considering the appeal matters.
32. I have imposed the sentences set out in the attached sentencing table in relation to the appeal offences with orders for concurrency and cumulation.

1. Both defence and prosecution suggested that once I reach this stage in the sentencing exercise I ought to step back and consider the following matters:

1. As to Renzella time the parties agreed that some 263 days are available. However this dates back well over a decade and I do not propose to bring all this "dead time" into account. Rather I propose to take into account 154 days which represents that time from 27 April 2024 to date. This time is calculated in the relevant period of offending and ought be calculated against this offending. I accept the defence submissions on this point and I take into account this time in arriving at the ultimate sentence I impose.[6] This means rather than cumulating the sentence on the indictable offending I moderate it substantially and in the overall assessment.
2. I am also mindful of totality. The sentence imposed must be a just and appropriate measure of the total criminality involved.
3. Bearing all these matters in mind I sentence you to 21 months' imprisonment with a non-parole period of 14 months for all charges except Charge 35 for which I specifically do not impose a fine for.
4. I am also required pursuant to s6AAA of the Sentencing Act 1991 to indicate the sentence that would have been imposed, but for your plea of guilty. But for your early plea, I would have imposed a sentence of 29 months' imprisonment with a non-parole period of 19 months.
5. I reckon 413 days as pre-sentence detention, not including the date of sentence, and this is to be deducted from the sentence.

Licence cancellation and disqualification orders

1. Given Charge 65 is proven, I will order the licence suspension, cancellation and disqualification of your licence for two years.

1. A weapons forfeiture order will be made in respect of Charges 2, 24 and 73.
2. A disposal order will be made in respect of Charges 19 and 23.
3. A forfeiture order will be made in respect of Charges 43 and 44.
4. Leave will be granted to amend Charge 24 in accordance with s8 of the Criminal Procedure Act 2009 to permit the Crown to amend Charge 24 from the offence of possess controlled weapon in licensed premises without lawful excuse to the offence of possess a dangerous article in licensed premises without lawful excuse: s7(1A) of the Control of Weapons Act 1990.

Adidas Shoes, Green baseball cap, and two packs of three pairs of socks valued at $216.00 belonging to Platypus South Yarra.

s74(1) Crimes Act 1958

Convicted and sentenced to 7 days' imprisonment

s6(1) Control of Weapons Act 1990

Convicted and sentenced to 7 days' imprisonment

Forfeiture order made by consent. Order all property seized be forfeited and destroyed.

Under Armour shorts valued at $50 belonging to Rebel Sport Prahan.

s74(1) Crimes Act 1958

Convicted and sentenced to 7 days' imprisonment

Attempted Theft - From Shop. Removed price tags and started burning off the security alarm tag off other clothing items.

ss74(1) & 321M Crimes Act 1958

Convicted and sentenced to 7 days' imprisonment

Appellant blew vape smoke into the face of the victim, Ryan MACKIN, on a train and slapped the victim in the chest and shoulder with the back of his hand.

s23 Summary Offences Act 1966

Convicted and sentenced to 3 months' imprisonment

Sunglasses valued at $21.99 belonging to OOM Energy petrol station in Tarneit.

s74(1) Crimes Act 1958

Convicted and sentenced to 7 days' imprisonment

Threatened victim, UKANI, to jump over the counter and "fuck you up".

s21 Crimes Act 1958

Convicted and sentenced to 1 month's imprisonment

Used threatening words at OOM Energy petrol station in Tarneit.

s17(1)(c) Summary Offences Act 1966

Convicted and sentenced to 7 days' imprisonment

s9(1)(g) Summary Offences Act 1966

Convicted and sentenced to 7 days' imprisonment

The staff-only area behind the counter at De Mart Convenience Store in Prahran.

s76(1) Crimes Act 1958

Convicted and sentenced to 6 months' imprisonment

Pushed the victim, Mujeeb Ullah KHAN, and punched the victim on his left hand.

s23 Summary Offences Act 1966

Convicted and sentenced to 3 months' imprisonment

Appellant swung a 30cm (approx.) metal pole at a closed door belonging to Eagle Convenience located in South Yarra, causing the entire pane of glass to significantly crack.

s197(1) Crimes Act 1958

Convicted and sentenced to 14 days' imprisonment

Resisted SC Jack Goodchap and FC Amy Garland. Kicked out violently, causing the pod door of the divisional van to narrowly miss police.

s51(2) Summary Offences Act 1966

Convicted and sentenced to 1 month's imprisonment

Deal with Property Suspected of Being Proceeds of Crime

Black LA Lakers Shorts with Security tag still attached.

s195 Crimes Act 1958

Convicted and sentenced to 7 days' imprisonment

2 x packets Benson and Hedges Cigarettes, 2 x 500ml bottles of Canadian Club liquor, 2 x bottles 18k Gold Prosecco valued at $210 and belonging to Coles Liquorland Prahan. Appellant was in company.

s74(1) Crimes Act 1958

Convicted and sentenced to 7 days' imprisonment

Consumables and Clothing valued at $117 belonging to Coles Prahan. Appellant was in company.

s74(1) Crimes Act 1958

Convicted and sentenced to 7 days' imprisonment

s73(1) Drugs, Poisons and Controlled Substances Act 1981

Convicted and sentenced to 7 days' imprisonment

Forfeiture Order made by consent. Order all drugs / instruments seized be forfeited and destroyed.

1 x box of Connoisseur ice cream valued at unknown amount belonging to Coles Prahan.

s74(1) Crimes Act 1958

Convicted and sentenced to 7 days' imprisonment

Five bottles of spirts valued at $481.95 belonging to Dan Murphy's Prahran.

s74(1) Crimes Act 1958

Convicted and sentenced to 7 days' imprisonment

Clothing valued at approximately $150 belonging to Kmart Footscray.

s74(1) Crimes Act 1958

Convicted and sentenced to 7 days' imprisonment

s73(1) Drugs, Poisons and Controlled Substances Act 1981

Forfeiture Order made by consent. Order all drugs / instruments seized be forfeited and destroyed.

Possess Dangerous Article in Licensed Premises Without Excuse

s7(1A) Control of Weapons Act 1990

Convicted and sentenced to 7 days' imprisonment

Forfeiture order made by consent. Order all property seized be forfeited and destroyed.

Stole a pair of sunglasses, a lighter, and a bottle of water valued at $48.85 and belonging to BP Service Station in Tarneit.

s74(1) Crimes Act 1958

Convicted and sentenced to 7 days' imprisonment

Kicked the front door of BP Service Station in Tarneit, causing it to break and the door to slide open. Cost of repairing the door was $544.50.

s9(1)(c) Summary Offences Act 1966

Convicted and sentenced to 7 days' imprisonment

In company with MM and an unknown third male. Co-offenders have confronted victim WHELAN. Co-offender MM took victim McCORMACK into a headlock and threw her onto the ground, causing scratches.

s195H(1) Crimes Act 1958

Convicted and sentenced to 4 months' imprisonment

Packet of three knifes valued at $5 belonging to Kmart Footscray.

s74(1) Crimes Act 1958

Convicted and sentenced to 7 days' imprisonment

Bread knife (approx. 20cm) valued at $8 belonging to Kmart Footscray.

s74(1) Crimes Act 1958

Convicted and sentenced to 7 days' imprisonment

Forcefully pushed victim, KHAN, causing his right shoulder to dislocate.

s18 Crimes Act 1958

Convicted and sentenced to 6 months' imprisonment

Verbally abused a passenger (HUBBER) and staff member (FITZSIMMONS) on V/Line Train.

r26(b) Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015

r32(1) Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015

Hit a window at Richard REVILL's office with a screwdriver and smashed the window.

s197(1) Crimes Act 1958

Convicted and sentenced to 14 days' imprisonment

Appellant charged the victim, Hasnain YASIN (security guard at The Courthouse Hotel), with his right shoulder after Appellant was denied entry. No injuries.

s23 Summary Offences Act 1966

Convicted and sentenced to 3 months' imprisonment

Red Reid mountain bicycle valued at $200 and belonging to Pablo GUZZA.

s74(1) Crimes Act 1958

Convicted and sentenced to 14 days' imprisonment

1 x Medicare card, 1 x Victorian Drivers Licence, 1 x ANZ Business one card belonging to Mark RIBARSKY.

s26(1) Summary Offences Act 1966

Convicted and sentenced to 7 days' imprisonment

Forfeiture Order made by consent. Order all property/s seized be forfeited and destroyed.

1x Victorian Proof of Age Card belonging to Muhammad IMRAN.

s26(1) Summary Offences Act 1966

Convicted and sentenced to 7 days' imprisonment

Forfeiture Order made by consent. Order all property/s seized be forfeited and destroyed.

Resisted arrest by PSO O'CALLAGHAN by folding his arms in front of him and holding them tightly in place.

s31(1)(b) Crimes Act 1958

Convicted and sentenced to 1 month's imprisonment

Said to the victim, Emily MORRIS, "I'm going to kill you."

s20 Crimes Act 1958

Convicted and sentenced to 3 months' imprisonment

Umbrella, EFTPOS Payment machine, and TV Monitor valued at approximately $800 belonging to Coles Hoppers Crossing.

s197(1) Crimes Act 1958

Convicted and sentenced to 14 days' imprisonment

Victim was Hartley DAVIDSON. Victim suffered mild soreness to his shoulder.

s23 Summary Offences Act 1966

Convicted and sentenced to 3 months' imprisonment

Resisted arrest by Sergeant Samuel HARGREAVES by pulling his hands to his chest and taking hold of railing to prevent handcuffs being placed on him. Appellant also went limp, refused to stand up, and wrapped his legs around a railing pole.

s51(2) Summary Offences Act 1966

Convicted and sentenced to 1 month's imprisonment

Pushed the victim, Joshua WHEELER, in the back. No injuries caused.

s23 Summary Offences Act 1966

Convicted and sentenced to 3 months' imprisonment

Resisted arrest by FC Simms by tensing up. Kicked out towards FC Simms, preventing police from closing divisional van door.

s31(1)(b) Crimes Act 1958

Convicted and sentenced to 1 month's imprisonment

Kicked sliding glass doors of belonging to Powell Hotel, Footscray. Doors came off top hinges and could not be locked. Unknown value.

s197(1) Crimes Act 1958

Convicted and sentenced to 14 days' imprisonment

iPhone valued at $2,000 belonging to Utsav PATEL.

s74(1) Crimes Act 1958

Convicted and sentenced to 7 days' imprisonment

Punched victim, Utsav PATEL, to the left and right side of his face. No injury caused.

s23 Summary Offences Act 1966

Convicted and sentenced to 3 months' imprisonment

ss75 & 321M Crimes Act 1958

Convicted and sentenced to 7 days' imprisonment

Samsung Galaxy Mobile Phone valued at $350 belonging to Nisar NASEER.

s197(1) Crimes Act 1958

Convicted and sentenced to 14 days' imprisonment

Assaulted Nisar NASEER by hitting his hands multiple times with what appeared to be a lighter and by attempting to slap the him. Appellant also smashed victim's phone out of his hands.

s23 Summary Offences Act 1966

Convicted and sentenced to 3 months' imprisonment

s79(1) Crimes Act 1958

Convicted and sentenced to 10 months' imprisonment

Licence cancellation and disqualification from driving for a period of 2 years, effective from 12 March 2025.

Appellant was verbally abusive towards the victim, Don Dinan HETTIARACHCHI, and smashed the bottom of the victim's vehicle's windscreen with his fist.

s23 Summary Offences Act 1966

Convicted and sentenced to 3 months' imprisonment

s23 Summary Offences Act 1966

Convicted and sentenced to 3 months' imprisonment

Got into a confrontation with the victim, Scott DIXON, and bumped him multiple times.

s23 Summary Offences Act 1966

Convicted and sentenced to 3 months' imprisonment

Punched the head of the victim, Akhil VARAKANTHAM, multiple times.

s23 Summary Offences Act 1966

Convicted and sentenced to 3 months' imprisonment

Fail to appear at Melbourne Magistrates Court in accordance with undertaking signed 7 November 2024.

s30(1) Bail Act 1977

Convicted and sentenced to 7 days' imprisonment

Accident occurred and owner was not present; failed to report to police.

s61(1)(f) Road Safety Act 1986

Convicted and sentenced to 14 days' imprisonment

s7(1) Control of Weapons Act 1990

Convicted and sentenced to 7 days' imprisonment

Forfeiture Order made by consent. Order all property/s seized be forfeited and destroyed.

Two packets of cigarettes valued at $104 belonging to BWS Tarneit Gardens.

s74(1) Crimes Act 1958

Convicted and sentenced to 7 days' imprisonment

TOTAL EFFECTIVE SENTENCE: 21 months' imprisonment

S6AAA DECLARATION: 29 months' imprisonment with a non-parole period of 19 months

Maximum Penalties (subject to the sentencing limits of the Magistrates' Court)[8]:

Theft, Theft From Shop - Shopsteal, Theft of Bicycle

Charges 1, 4, 7, 17, 18, 20, 21, 22, 25, 32, 33, 40, 60, 74

s. 74(1) Crimes Act 1958

s. 74(1) Crimes Act 1958

s. 6(1) Control of Weapons Act 1990

s. 6(1) Control of Weapons Act 1990

Possess Controlled Weapon Without Excuse in Licensed Premises

s. 7(1A) Control of Weapons Act 1990

s. 7(1A) Control of Weapons Act 1990

s. 321M Crimes Act 1958

s. 321P Crimes Act 1958 & s. 74(1) Crimes Act 1958

s. 321P specifies:

(1) A person convicted of attempting to commit an offence is liable - (a) if the penalty for the relevant offence is set out by reference to an expression specified in column 1 of the Table, to the penalty set out opposite it in column 2 of the Table.

(b) if the penalty for the relevant offence is not set out by reference to an expression specified in column 1 of the Table in paragraph (a), to a penalty not exceeding 60% of the maximum penalty fixed or prescribed by law for the relevant offence; or

(c) if the maximum penalty for the relevant offence is not fixed or prescribed by law, to level 6 imprisonment (5 years maximum).

Table of alternative penalties for persons convicted for attempt pursuant to s. 321 Crimes Act 1958:

s. 23 Summary Offences Act 1966

s. 23 or 24(1) Summary Offences Act 1966

s. 23: 15 penalty units or imprisonment for 3 months.

s. 24(1)(a) - Assault of child 14 or under, or any female: 25 penalty units or 6 months' jail (if in the opinion of the court the assault or battery is of such an aggravated nature that it cannot sufficiently be punished under s. 23) and the court may without any further or other charge adjudge any person convicted to enter into a recognizance and find sureties to keep the peace and be of good behaviour for a term of not more than six months from the expiration of such sentence.

s. 21 Crimes Act 1958

s. 21 Crimes Act 1958

Relevant offence for serious violent offender's provision pursuant to Sch. 1 cl. (c)(iab)(v) Sentencing Act 1991.

S17(1)(c) Summary Offences Act

S17(1) Summary Offences Act

First offence: 10 penalty units or imprisonment for three months

Second Offence: 15 penalty units or imprisonment for three months.

Third or Subsequent Offence: 25 penalty units or imprisonment for six months.

S9(1)(g) Summary Offences Act

S9(1) Summary Offences Act

s. 76(1) Crimes Act 1958

s. 76(3) Crimes Act 1958

s. 197(1) Crimes Act 1958

s. 197(1) Crimes Act 1958

s. 51(2) Summary Offences Act 1966

s. 51(2) Summary Offences Act 1966

Deal with Property Suspected to be Proceeds of Crime

s. 195 Crimes Act 1958

s. 195 Crimes Act 1958

s. 73(1) Drugs, Poisons and Controlled Substances Act 1981

s. 73(1) Drugs, Poisons and Controlled Substances Act 1981

If the drug is cannabis or tetrahydrocannabinol -

Trafficking purpose excluded: 30 penalty units or level 8 imprisonment (1 year maximum) or both

Trafficking purpose not excluded: 400 penalty units or level 6 imprisonment (5 year maximum) or both

Wilful Damage to Property (Injury under the value of $5000)

s. 9(1)(c) Summary Offences Act 1966

s. 9(1)(c) Summary Offences Act 1966

s. 195H(1) Crimes Act 1958

s. 195H(1) Crimes Act 1958

(b) imprisonment for 7 years if, at the time of committing the offence, the person is wearing a face covering used primarily -

(ii) to protect the person from the effects of a crowd-controlling substance.

s. 18 Crimes Act 1958

s. 18 Crimes Act 1958

r. 26(b) Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015

r. 26(b) Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015

r. 32(1) Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015

r. 32(1) Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015

s. 26(1) Summary Offences Act 1966

s. 26(2) Summary Offences Act 1966

s. 31(1)(b) Crimes Act 1958

s. 31(1)(b) Crimes Act 1958

Relevant offence for alcohol exclusion order pursuant to s. 89DD & s. 89DE Sentencing Act 1991.

s. 20 Crimes Act 1958

s. 20 Crimes Act 1958

Relevant offence for alcohol exclusion order pursuant to s. 89DD & s. 89DE Sentencing Act 1991.

Relevant offence for serious violent offender's provision pursuant to Sch. 1 cl. 2(c)(iab)(iv) Sentencing Act 1991.

s. 321M Crimes Act 1958

s. 321P Crimes Act 1958 & s. 75(2) Crimes Act 1958

s. 321P specifies:

(1) A person convicted of attempting to commit an offence is liable - (a) if the penalty for the relevant offence is set out by reference to an expression specified in column 1 of the Table, to the penalty set out opposite it in column 2 of the Table.

(b) if the penalty for the relevant offence is not set out by reference to an expression specified in column 1 of the Table in paragraph (a), to a penalty not exceeding 60% of the maximum penalty fixed or prescribed by law for the relevant offence; or

(c) if the maximum penalty for the relevant offence is not fixed or prescribed by law, to level 6 imprisonment (5 years maximum).

Table of alternative penalties for persons convicted for attempt pursuant to s. 321 Crimes Act 1958:

s. 79(1) Crimes Act 1958

s. 79(2) Crimes Act 1958

Mandatory suspension or cancellation and disqualification for discretionary period (will be 3 months unless Court specifies longer) - s 89(4) Sentencing Act 1991

Serious Motor Vehicle Offence if arising out of the driving of a motor vehicle while under the influence of alcohol or alcohol and a drug - s. 87P Sentencing Act 1991

Mandatory minimum 12-month licence cancelation and disqualification if arising out of the driving of a motor vehicle while under the influence of alcohol or alcohol and a drug - s. 89(2)(c) Sentencing Act 1991

Mandatory Sentence when dealt with in indicatable stream: Category 2 Offence.

When dealt with on indictment, a court must impose a custodial order for a Category 2 offence (unless an exception applies): s 5(2H) Sentencing Act.

s. 30(1) Bail Act 1977

s. 30(1) Bail Act 1977

s. 61(1)(f) Road Safety Act 1986

s. 61(5) Road Safety Act 1986

If the accident results in a person being otherwise injured -

First offence: 80 penalty units or 8 months imprisonment

Subsequent offence: 240 penalty units or imprisonment for not less than 4 months and not more than 2 years imprisonment

First offence: 5 penalty units or 14 days imprisonment

Subsequent offence: 10 penalty units or imprisonment for a period between 14 days to 1 month

Discretionary power under s. 28 Road Safety Act 1986

Licence intervention - s.61(6) & (7)

If a person is killed or suffers serious injury, the court must cancel all driver licences and disqualify the person for:

First offence: 4 years if a conviction is recorded and at least 2 years in any other case

Subsequent offence: 8 years if a conviction is recorded and at least 4 years in any other case

s. 7(1) Control of Weapons Act 1990

s. 7(1) Control of Weapons Act 1990

1. Mayen Maker these sentencing remarks concern two matters that you currently have before this Court.
2. The first matter is an appeal against the sentence imposed by the Melbourne Magistrates' Court on 12 March 2025, where you received a total effective sentence of two years' imprisonment with a non-parole period of 12 months.
3. Second, while awaiting sentencing in relation to those matters, on 25 February 2025 you committed one charge of theft and one charge of robbery on indictment to which you now plead guilty in this Court.
4. For reasons which I will come to, I set aside the decision of the Magistrate below, and propose to sentence in relation to both the charges heard in the Magistrates' Court and those on indictment in this Court.
5. Regarding objective seriousness of the offending, bearing in mind the maximum penalties Parliament has established, I assess your offending at the low end of objective seriousness
6. Turning first to the consideration of deterrence, I consider that by reason of the psychiatric condition you are less a vehicle for both general and specific deterrence than would a person of normal psychiatric health. Verdins limbs 3 and 4 apply.
7. Regarding punishment, I accept that Verdins limbs 5 and 6 also apply given Dr Best's report.
8. Regarding denunciation, your actions in the carjacking and towards staff was threatening, aggressive and laden with the promise of violence. Such behaviour directed toward staff is unacceptable and must be condemned.
9. Regarding rehabilitation, I consider with the continuation of (1) ongoing medication (2) abstinence from drugs and (3) assertive community mental health management as Dr Best opines you have fair prospects for rehabilitation.
10. Regarding protection of the community, this looms large in the assessment of this case because of (1) your history of offending to the date of this offending (2) your offending after you were bailed for this offending, (3) your offending during 2024 when on bail for various offences and (4) your past breaches of CCO orders.
11. I am also mindful of totality. The sentence imposed must be a just and appropriate measure of the total criminality involved.
12. Bearing all these matters in mind I sentence you to 21 months' imprisonment with a non-parole period of 14 months for all charges except Charge 35 for which I specifically do not impose a fine for.
13. This summary is not intended to be a substitute for the reasons of the County Court or to be used in any later consideration of the Court's reasons.

[1] The police summaries were received by the Court but given the agreement between the parties they

[4] Report of Dr Fiona Best at page 6 (Exhibit D3)

[5] Forensicare CMIA Report dated 30 September 2025 (Exhibit D1)

[6] Thurlow v R [2021] VSCA 71 at [40-44]

[7] Annexure A has been amended from Exhibit P3

[8] The County Court is exercising the jurisdiction of the Magistrates' Court on appeal and as such

is bound by sections 113, 113A and 113B of the Sentencing Act 1991 (i.e. a maximum of two years imprisonment for a single offence and a maximum of five years imprisonment for any combination of offences).