17 May 2016

CCO Increased to prison term

A man who initially received a Community Correction Order (CCO) for aggravated burglary and false imprisonment has been re-sentenced to imprisonment following an appeal by the Director of Public Prosecutions.

Darren Salih was given a total effective sentence of four years' imprisonment, with a non-parole period of two years, by the Court of Appeal on 13 May 2016.

Salih was convicted by a County Court jury in October 2015 and sentenced to a five-year CCO with 550 hours of unpaid community work. DPP John Champion S.C. appealed the sentence on the basis it was manifestly inadequate.

The County Court heard Salih and an unknown accused broke into a Maribyrnong home at 7.10am in April 2009, where a mother and her three sons were asleep in their bedrooms.

The court was told that one of the sons had a firearm pointed at him, and he and his brothers and mother were ordered to lie down and face a wall, before a demand was made to hand over money.

Items stolen were $6,000, a Blackberry mobile handset, a Nintendo DS, a Game Boy and two gold men’s rings.

The court heard Salih was heavily addicted to the drug 'ice' at the time and had no memory of the offending.

The Court of Appeal said it was particularly callous offending,  involving the preying on a woman and her young children after the woman's husband had left the house.

The Court acknowledged it was a significant step to imprison a man who was at large, however it said the circumstances in their entirety demanded an immediate custodial sentence.
 

For further information contact:

Lisa Walker

03 9603 7493
0400 494 962