An ice addict who originally avoided jail despite pointing a gun at a child during a terrifying home invasion in Maribyrnong has been sentenced to four years’ jail following an appeal by the public prosecutions office.
Deren Salih and an unknown co-offender smashed their way into a Ferguson Street house in April 2009 and pointed a gun at a boy as they made a mother and her three young sons lie on the floor while they ransacked the home.
They stole $6000 cash, a mobile phone, electronic goods and jewellery.
Salih was arrested eight days later over a separate incident and charged with setting up a cannabis crop and a methylamphetamine laboratory at his parents’ farm.
He was convicted in September 2011 of a third crime involving burglary, theft and going equipped to steal.
Salih was not arrested over the Maribyrnong home invasion until March 2013, after his DNA was found to match blood left at the crime scene.
He was convicted in the County Court in October 2015 on one charge of aggravated burglary and four of false imprisonment. A plea submitted on his behalf argued he was heavily addicted to ‘ice’ at the time and had no recollection of the incident.
Salih was sentenced in December by judge Liz Gaynor to a five-year community correction order requiring he complete 500 hours’ unpaid community work in addition to supervision, assessment and treatment for drug abuse.
‘Manifestly inadequate’
However, the Director of Public Prosecutions appealed the sentence on the grounds it was “manifestly inadequate” and failed to sufficiently consider the gravity of the offence or its impact on the victims. Justice Paul Coghlan, of the Court of Appeal of the Supreme Court of Victoria, noted Salih had made positive steps in his rehabilitation from ice addiction, but the sentence imposed by Judge Gaynor was inadequate.
“This was a particularly callous and serious example of the offences,” he said. “With respect, her honour gave too much weight to delay and rehabilitation and insufficient weight to the gravity of the offending.”
Salih was jailed for four years with a non-parole period of two years.
