arkerdr
IN THE COUNTY COURT OF VICTORIA
AT Melbourne
CRIMINAL DIVISION	Revised
Not Restricted
Suitable for Publication	
Case No. CR-22-01510

DIRECTOR OF PUBLIC PROSECUTIONS		
		
v		
		
ANGELO PAPADIMITRIOU		

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JUDGE:	His Honour Judge Kelly	
WHERE HELD:	Melbourne	
DATE OF HEARING:	9 February 2024	
DATE OF SENTENCE:	9 December 2024	
CASE MAY BE CITED AS:	DPP v Papadimitriou	
MEDIUM NEUTRAL CITATION:	[2024] VCC 1991		

REASONS FOR SENTENCE
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Subject:		CRIMINAL LAW
Catchwords: 		Robbery — Multiple Co-Accused — Verdins limbs— Substance Induced Psychosis — Good prospects of rehabilitation — Drug Addiction — Guilty Plea
Legislation Cited:		Crimes Act 1958 (Vic); Sentencing Act 1991 (Vic)
Cases Cited:		R v Verdins (2007) 16 VR 269; Tones v The Queen [2017] VSCA 118; Worboyes v R [2021] VSCA 169
Sentence:		23 days imprisonment with a 12 month community correction order

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APPEARANCES:
	Counsel	Solicitors	
For the DPP	Ms E. Allan	Office of Public Prosecutions	
			
For the Accused	Mr L. Barker (plea)
Mr Z. Menon (sentence)	Theo Magazis and Associates	

HIS HONOUR:

Introduction
1	Angelo Papadimitriou, you have pleaded guilty to one charge of robbery which carries a maximum penalty of 15 years imprisonment. 
Circumstances of Offending
2	You have four co-offenders, Jade Menhinnitt, Jude Roffel, Steven Cauchi and an unidentified fifth offender. 
3	In November 2021, Ms Menhinnit lived at a Mill Park address with Mr Roffel.  The victim, Jaspinder Singh, lived in Point Cook. 
4	In the early hours of 2 November 2021, Mr Singh drove to Ms Menhinnitt’s home after an exchange of text messages with her.  Mr Singh and Ms Menhinnitt entered the garage and Mr Singh was locked inside with Mr Roffell who demanded 
Mr Singh’s belongings.  Three males then attended the garage. This group included you and Mr Cauchi.  Mr Singh was punched and kicked whilst demands were made for his belongings.  You remained whilst Mr Singh was assaulted and at one point you kicked him against the garage door. This offending constitutes Charge 1 — robbery.
5	Ms Menhinnit re-entered the garage holding a knife while you and the other two males backed away from Mr Singh.  Further demands were made for Mr Singh’s keys, phone and wallet.  Mr Roffel attempted to take and unlock Mr Singh’s phone. Mr Cauchi and the unknown fourth male took Mr Singh’s car keys and drove his car away.  Mr Roffel made further demands for Mr Singh’s rings and threatened to cut them off if he didn’t hand them over. 
6	Your co-offenders managed to obtain Mr Singh’s mobile phone, car keys, car and two rings as a result of the incident.
7	Mr Singh eventually warded off his attackers using a metal rod.  He managed to unlock the garage door. He stumbled outside and yelled for help. 
Procedural History
8	You were arrested and interviewed by police at 5.05 am on 2 November 2021.  On 24 November 2021, you were granted bail.  Your matter proceeded to a committal case conference on 1 February 2022 and 28 April 2022.  Your contested committal listed for 2 June was adjourned to 23 August 2022 on the application of the prosecution.  You received a sentence indication in this court on 9 June 2023.  You pleaded guilty in this court on 2 November 2023. 
Personal Circumstances
9	Your circumstances are set out in the report of Mr Ian H. Mackinnon dated 16 July 2023, the submissions of Mr Barker dated 4 June 2023 and the report of Ms Courtney Steffen dated 21 October 2024 which were tendered at your plea hearings.
10	You were born and raised in Australia by your parents who had immigrated from Greece.  You have one younger brother. Your parents operated a hairdressing salon for three decades during which your family lived in Mill Park.  You described your family as close-knit.  You did not suffer any abuse or other trauma during your childhood years.  You said you often helped out with your parents’ business doing sweeping up and other chores. 
11	You attended Mill Park Primary School and Parade College where you completed two years before leaving to start a motor mechanic’s apprenticeship.  You worked in that trade for several years but stopped working in your early 20s after suffering major mental health problems. You have worked since then casually as a concreter’s labourer. 
12	You first smoked cannabis at age 15 and used amphetamine and methylamphetamine at the age of 17. 
13	You report having first suffered a substance-induced psychosis at age 21.  You were diagnosed with a major psychiatric illness at age 24.  You have been admitted to psychiatric care several times, including in September 2018, October 2020, December 2022 and most recently in June 2023.  You have been diagnosed with substance-induced psychosis, paranoid-psychotic disorder, delusional disorder and schizophrenia.  Mr Mackinnon diagnosed you with mixed depressive and anxiety disorder, substance use disorder and substance-induced psychotic disorder.  Dr Saravan from Northern Health Medical told me that your schizophrenic disorder diagnosis has been reassessed in light of your response to treatment.  He now believes that your condition is substance induced. 
14	Mr Barker on your behalf submitted that you lead a quiet life with your parents in Mill Park.  A community correction order assessment outcome report dated 
9 February 2024 indicated that you worked full-time in construction and your employers are aware of the charges and are supportive. 
15	Mr Menon, who represented you in October, also informed the court that you continue to live in Mill Park with your parents, who assist you with day-to-day living and take you to all your appointments. You are also attending monthly appointments with the Noogal clinic where you engage with mental health workers and a psychologist.  You are a voluntary patient not subject to any treatment orders.  You are treatment compliant. 
Defence Submissions
16	At your original plea hearing on the 9th of February 2024, Mr Barker submitted that you should be sentenced to time served, a period of 23 days together with a community correction order.  Mr Barker conceded that your offending was ‘ugly, unjustifiable and brutish’, however emphasised that you became involved towards the end of the incident.  You entered the garage after the fighting and threats began.  He submitted that your offending is at the lower end of the scale.
17	He said it would be counter-productive for you to be returned to prison given you are 'an unwell man’ presently getting the treatment you need in the community.  He noted that you were placed on a community treatment order on 1 August 2023. That order expired on 29 January 2024.  He also provided me with a letter confirming your attendance at Narcotics Anonymous meetings and a letter from 
Dr Saravan outlining your current treatment plan.
18	Mr Barker relied on your lack of relevant prior convictions, the absence of subsequent convictions or matters outstanding.  He submitted that it is remarkable that you have just one entry in your criminal history despite your longstanding battles with drugs and psychiatric illness.
19	On 22 October 2024, Mr Menon submitted that the updated psychological report of Ms Courtney Steffens demonstrated that your current circumstances warranted a combination sentence with no further time to serve. 
20	He relied on the progress you have made in your rehabilitation up until now, both limbs of delay and the report of Ms Steffens which supported a finding that limbs 1, 2 and 5 of Verdins are enlivened. 
Prosecution Submissions
21	Ms Allan on behalf of the Crown initially submitted that a community correction order in combination with a custodial sentence is appropriate in this case, warranting a further custodial period in addition to time served. She made that submission relying on:
(a)	The objective gravity of the offending;
(b)	The more limited role you played in the offending, warranting a departure from parity with your co-offenders, Ms Menhinnit and Mr Roffel;
(c)	Your reasonable prospects of rehabilitation given your limited criminal history, current employment and current engagement with mental health and substance abuse treatment;
(d)	The application of limb 5 of Verdins; and
(e)	Your plea of guilty.
22	She said the offending was opportunistic and unprovoked; it was committed on an unsuspecting victim who was outnumbered by a group of five; the conduct was violent, escalated quickly and would have terrified the victim.  She conceded that your involvement came late and its objective gravity is therefore reduced, but it is not on the lowest rung.
23	At your further plea hearing in October 2024, Ms Allan, with typical fairness, conceded that the report of Ms Steffens enlivens limbs 1, 2 and 5 of Verdins, and that both limbs of delay were available to you and that, as a result of this change in circumstances, a combination sentence with no further time to serve is within range. 
Moral Culpability and Gravity of Offending
24	You did not know that your co-offenders were planning to rob Mr Singh.  Once the robbery was underway, you entered the garage and provided some support to the principal offenders by your presence and at one point by kicking the victim as he lay against the garage door.  You played a minor role in this offending. 
25	That said, this robbery was committed at night and in company. You were violent towards him and kicked Mr Singh when he was outnumbered and vulnerable.  It must have been a terrifying ordeal for him. Your offending is in the low to mid-range.
Verdins
26	Mr Barker relied on Mr Mackinnon’s report dated 16 July 2023 and in particular his opinions concerning the impact of your mental impairments at the time of your offending, as well as how you are likely to fair in a custodial setting, to submit that each of the six limbs of Verdins applies in your case.
27	He also relied on your current treating psychiatrist, Dr Saravan, who provided a letter dated 19 January 2024 and gave oral evidence at your plea hearing.  
28	At your October plea hearing, Mr Menon tendered the psychological report of 
Ms Courtney Steffens and submitted that the report enlivens limbs 1, 2 and 5 of Verdins. 
29	Ms Steffen believes that your mental impairments would have been active at the time of your offending, and would have adversely affected your decision-making at that time. These opinions were accepted by the prosecution.  Limb 1 is enlivened.  I have softened your sentence accordingly. 
30	As to the second limb of Verdins, Ms Steffen believes that any sentence imposed by this court ought to be tailored to best address your underlying mental impairments.  Given the concession by the prosecution that limb 2 is engaged, I accept that a community-based disposition is now within range. 
31	Ms Allan conceded that limb 5 is engaged and that any period of imprisonment would be more burdensome for someone with your diagnoses and current conditions.  She submitted that moderation ought to be limited given a term of imprisonment would likely result in a period of abstinence from illicit substances which could assist with stabilising your condition.  I have softened your sentence slightly given this concession. 
Delay
32	You were charged with this offending on 2 November 2021 and your case has had a lengthy history since then.  The mitigatory effect of delay requires either evidence of unfairness to you or evidence of your rehabilitation during the period of the delay.  The Prosecution conceded at your October plea hearing that you have suffered unfairness as a result of these charges hanging over your head, and I have adjusted your sentence accordingly. 
33	As to the second limb of delay, I need to consider whether you have taken steps to reform and whether you have accepted responsibility and expressed remorse for your offending. You expressed regret to Mr Ian Mackinnon. That is probably enough for my purposes.
Plea of Guilty
34	The Crown accepts that your plea of guilty was early and ought to attract a substantial discount. They further concede that you are entitled to a Worboyes' discount given the lengthy history of this matter.  I have shaved your sentence slightly to acknowledge the administrative saving your plea represents.
Prospects of Rehabilitation
35	Mr Barker submitted that your trade qualifications, your capacity for and preparedness to work hard, your willingness to address your mental health issues, your supportive family and your abstinence from drugs underlies your excellent prospects of rehabilitation. That submission is supported by your negligible criminal history.
36	Mr Mackinnon and Dr Saravan acknowledge that your mental impairments stem from your drug abuse.  You have struggled to respond to addiction treatments such as depot injections.  Mr Mackinnon assessed you as at serious risk of deterioration if you return to drug use.  Nevertheless, you have several positives. Although you were placed on a community treatment order, you were released from that order in early 2024 due to your stability and motivation.  A letter from Narcotics Anonymous describes how frequently you have attended meetings and your commitment to the program.  Dr Saravan described a long-term treatment plan and said you were complying with it.  You have also the unstinting support of your family. 
37	You were assessed by Community Correctional Services as a medium risk of re-offending. You were found suitable for a community correction order on 9 February 2024.  A more recent Corrections' report dated 25 October 2024 assesses you as having a low risk of general reoffending. 
38	Ms Steffen conducted her own risk assessment and concluded that you are currently a low to moderate risk of general reoffending. She says you lack an underlying criminal belief system and have no history of antisocial involvement. 
39	 Your prospects of rehabilitation are reasonable. 
Sentencing Principles
40	Pursuant to s5 of the Sentencing Act 1991, the only purposes for which I am to sentence you are: 
(a)	To punish you in a manner and to an extent which is just in all of the circumstances;  
(b)	To deter you or others from committing similar offences in future;  
(c)	To facilitate rehabilitation;  
(d)	To manifest the denunciation of your conduct;  
(e)	To protect the community; or  
(f)	A combination of two or more of these purposes. 
41	You need to be deterred from committing offences at night, in company, against strangers and which employ violence to overcome resistance.  Others in the community need to be deterred too. 
42	That said, you have decent prospects of rehabilitation and almost no criminal history.  Your rehabilitation is vital, and the community will ultimately be rewarded by any investment in it this court makes.  You have a solid work history, staunch familial support and a team of mental health workers buttressing your progress in the community.  I do not intend to risk impeding the progress you have made by returning you to gaol.
CCO Script
43	What I am proposing to do at this stage, on Charge 1, is record a conviction and place you on a community correction order for a period of 12 months from today's date. 
44	Before I ask if you to consent to such an order being made, Mr Papadimitriou, I have to tell you a little bit about the order, so that you know what it means.  Okay? 
45	OFFENDER:  Yes, Your Honour.
46	HIS HONOUR:  The following core conditions apply to all community correction orders:
•	You must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment.
•	You must report to and receive visits from the Secretary to the Department of Justice, or his or her nominee, during the period of the order.
•	You must report to the Community Correction Centre at 50 Franklin Street Melbourne within two clear days following your release from custody.
•	You must notify the Secretary, or his or her nominee, of any change of address or employment within two clear working days after that change.
•	You must not leave Victoria except with the permission of the Secretary to the Department of Justice, or his or her nominee.
•	You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure you comply with the order.
47	There are a number of other conditions attached to this Order, and they apply to you:
•	You have to perform 90 hours of unpaid community work over a period of 
12 months as directed by the Regional Manager.  Fifty hours of treatment and rehabilitation satisfactorily undertaken are to be counted as hours of unpaid community work for the purposes of the unpaid community work condition.
•	You must undergo assessment and treatment (including testing) for drug abuse or dependency as directed by the Regional Manager.
•	You must undergo mental health assessment and treatment including (but not limited to) mental health, psychological, neuropsychological and psychiatric treatment in a hospital or residential facility as directed by the Regional Manager.
48	I direct that I be advised by your Corrections Officer of any non-compliance of these conditions, and I will then determine if the matter should be brought back before me.  
49	I can only impose a community correction order if you agree to such an order being imposed.  So I need to tell you a little bit more about it.  
50	If you contravene or breach the order by committing further offences, you can be charged, and a sentence of imprisonment is one of the options that can be imposed for that breach.  
51	You can also be re-sentenced for the offence that is before me.  One of the options available includes a term of imprisonment, so I can re-sentence you if you breach the order.
52	So you need to be very careful for the next 12 months.   You cannot commit any further offences that might attract a term of imprisonment, otherwise you will be brought back before me and you are likely to be re-sentenced for this offence, the robbery.  
53	I also advise you that if you fail to comply with any direction of the Secretary to the Department of Justice.  In other words, a Community Corrections worker, as part of this order, a substantial fine can be imposed.  
54	Now, you understand all of that?
55	OFFENDER:  Yes, Your Honour.
56	HIS HONOUR:  Do you consent to being placed on a community correction order? 
57	OFFENDER:  Yes, Your Honour.
Sentence 
58	Mr Papadimitriou, please stand. 
59	On Charge 1, robbery, you are convicted and sentenced to a period of imprisonment of 23 days, followed by a 12 month community correction order. 
60	You have served 23 days pre-sentence detention.  I declare those days as time served against this sentence. 
61	Pursuant to s 6AAA of the Sentencing Act, I declare that had you not pleaded guilty to this offence, I would have sentenced you to 18 months' imprisonment with a non-parole period of nine months.
62	MR MENON:  As Your Honour pleases.
63	MS ALLAN:  May it please the court.
64	HIS HONOUR:  Sit down now, Mr Papadimitriou.
65	OFFENDER:  Thank you, Your Honour.
66	HIS HONOUR:  We will prepare the order for signing.
67	MR MENON:  Your Honour, may I approach the dock?
68	HIS HONOUR:  You can, of course, Mr Menon.  Ms Allan, any ancillary orders?
69	MS ALLAN:  No, Your Honour, there are not.
70	HIS HONOUR:  Thanks.  Okay, Mr Papadimitriou, good luck with the order.  
71	OFFENDER:  Thank you.
72	HIS HONOUR:  Just knuckle down, get through the hours.
73	OFFENDER:  Yes, Your Honour.
74	HIS HONOUR:  And hopefully we will not see you again.  I mean that in the nicest possible way.  I would like to thank the parties for their assistance.
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