DPP v Campbell [2019] VCC 1046

Sentence summary: Aggravated burglary

A man was jailed after breaking into the home of a disability pensioner and seriously assaulting him.

The victim, who had schizophrenia, was choked with his own necklace until he couldn't breathe, beaten with a crowbar and had a knife pushed against his throat.

Dean Campbell, 45, pleaded guilty to one count of aggravated burglary and one count of armed robbery and was sentenced to six years jail with a non-parole period of three years and three months.

The Court heard the offender broke into the victim's home with two others in January 2017.

The presiding judge said the purpose of the break in was "in search of a quick and easy dollar".

The offender was known to the victim, having bought a car from him previously.

These factors, alongside the victim's impact statement, meant the offending was to be deemed very serious, the Court heard.

"It is clear from the victim impact statement that your offending has had a very significant impact on a vulnerable complainant which must be considered in sentencing," the judge said.

"This was a serious case of aggravated burglary. First, you were in company. Next you were fully aware that the complainant was present in the house and notwithstanding his protests proceeded with your co-offenders to break into the house."

The offender's extensive criminal history which stemmed more than 20 years, meant only a significant jail term would be appropriate.

"Your prior offending shows that you have not responded to a number of dispositions and you do have a number of prior convictions for assault-type offences. In addition, it is clear from your prior convictions that you have had prior problems with drug use," the judge said.

When considering the sentence, the judge said mitigating factors included a traumatic upbringing, with the offender's father passing away while he was young and experiencing abuse while in state care.

Additionally, the offender pleaded guilty at an early stage and was suffering from colon and bowel cancer.

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Page last updated: 8 December 2020