A 20-year-old armed robber’s allegation of being ferociously assaulted during a citizen’s arrest in Dandenong South has been dismissed by a Victorian judge.
Andrya Oshla, of Clyde North, pleaded guilty at the Victorian County Court to the armed robbery of two children aged 13 and 14 on their bikes on Gladstone Road on 4 November 2024.
Backed by Oshla’s phone footage, a defence lawyer argued that Oshla was unreasonably restrained by passers-by.
But the submissions of Oshla “being struck with ferocity appeared to be something of an overstatement”, sentencing judge Michael Tinney stated on 25 September.
Oshla suffered no injury during the arrest, but for a possible cut lip and some “transient discomfort”.
The judge noted that a passer-by took a “couple of short swings” against a struggling Oshla, which was “not greatly, if at all, out of order”.
“I do not regard them as an assault in any fashion at all.
“The better view of it is having committed a serious crime, you were very swiftly apprehended, firstly by a couple of pretty burly civilians using some physical force and then by police, leading in to a night in custody for you.
“This all up unpleasant experience was one that may play a role in deterring you in the future.”
Oshla’s “brief aggression or non-compliance” at the scene, included claims of “lunging or pushing” or “spitting”.
One of the witnesses picked up a knife that spilled from Oshla’s pocket and held it behind their back.
Judge Tinney described the knife as a “sizeable, nasty-looking weapon”.
“They had seen or were aware of one knife. Might you have had another? How could they know? They were acting on reports that you had committed armed robbery.”
During the robbery, Oshla wore a ski mask as he approached the two boys who had stopped on their bikes on a footpath about 2.41pm.
Judge Tinney rejected the “vague, if not forlorn, suggestion” by Oshla’s lawyer that the robber was wearing a mask because he might have been cold that afternoon.
Oshla snatched one of the boy’s phones and demanded the passcode while flashing part of the knife in his pocket.
He disabled location services, told the boy to sign out of iCloud and threatened the pair with harm if they “snitched” on him.
Soon after, the boy’s fathers and a step-mother tracked the phone’s last known location and confronted Oshla, who was at a bus stop on Brady Road.
After his arrest, the “youthful first offender” spent a night in custody and had been released on bail since then.
At the time, he possessed a bottle of merlot – though it was unclear whether it was empty. He was also found with cannabis.
At the age of 3, Oshla migrated with family to Australia in 2007. He was born in Egypt where his mother settled to escape civil war in South Sudan.
A talented basketballer and Australian citizen, Oshla had represented Australia at junior level and had a college sporting scholarship in the ACT.
Judge Tinney noted Oshla’s guilty plea as well as his letter of apology as evidence of remorse.
He rated Oshla as “quite a low” risk of reoffending, with no prior convictions, and “favourable” rehabilitation prospects.
Noting the “clamour” for punishing youth crime, Judge Tinney said it could be counter-productive to incarcerate a youthful offender for the community’s protection.
“You are plainly not inherently criminal, though you have committed a serious crime.
“You are not a member of some gang.”
Oshla was placed on a three-and-a-half-year supervised community corrections order, including 350 hours of unpaid work as well as mental health and drug-and-alcohol treatment.
