Tome Mashak: ‘Shining light’ avoids jail after grabbing schoolgirl off street

A call centre operator described as the “shining light” of his family tried to kidnap a schoolgirl after she got off a bus in a remote street in Melbourne’s west.

A Wyndham Vale man described as the “shining light” of his family has avoided jail after grabbing a schoolgirl in a dark and remote location after she got off a bus.

Tome Mashak, 23, faced the Sunshine Magistrates’ Court on Tuesday for sentencing after he was convicted on charges of unlawful imprisonment and unlawful assault at a contested hearing.

The court heard he had maintained his denial of the incident up to the hearing, but had since spoken of his “regret and remorse”.

The incident occurred at night on June 1, 2019, at a “relatively remote” location in Wyndham Vale, where Mashak grabbed the girl from behind placing his hand over her mouth.

A police prosecutor said while the attack lasted only a short time before the girl was able to free herself, it was “terrifying” for the victim.

“The assault charge is made up from a cut she received on the inside of her mouth when he stuck a finger in there,” she said.

“She‘s had her liberty taken away from her. She’s been detained by the accused.”

Defence lawyer, Alice Meredith, provided evidence to the court the then 20-year-old was suffering from a period of “mental impairment” at the time.

“He has a history of mental illness including psychosis,” she said.

Ms Meredith described Mashak as the “hope” and the “shining light” of his family, as the only one of his siblings to attend university.

“His brothers have all either passed away or served lengthy terms of imprisonment,” she said. “He has strong family support and a desire to move on in his life.”

Sentencing Mashak, who works at a call centre, magistrate Greg Robinson said his actions that night would have been “frightening” for the victim.

“This is a type of offending that requires strong denunciation from the courts,” he said.

“The law is increasingly moving in a direction that enhances the protection of women from men. I accept that after a brief time he did desist from the conduct, nevertheless it‘s a frightening thing for the victim to experience.”

He rejected Ms Merideth’s submission arguing for no conviction to be recorded, saying that while this would have an impact on his prospects in the future, it was “part and parcel” of the punishment.

Mashak was sentenced to an 18 month community corrections order with supervision, treatment for mental health and programs to reduce offending.