DPP v Comensoli [2019] VCC 1741

Sentence summary: Aggravated burglary

An ice-addicted burglar who terrified a new mother while her children slept was jailed.

Billie Comensoli, 27, was sentenced to three years and three months prison with a non-parole period of one year and eight months.

The Court heard the victim was asleep with her four-month-old baby and eight-year-old daughter when the offender, high on the drug ice, broke into their home in July 2018.

The victim described seeing a shadow and then screamed when she realised the offender was in her room with her purse in his mouth.

She then chased him outside to a Toyota Yaris he had stolen earlier but was forced to retreat inside her home after the offender grabbed a baseball bat and drove a car towards her.

When considering the sentence, the judge said there was little evidence the offender had shown "genuine remorse" and his actions must have been "frightening".

"It is self-evident that anyone in their own home at night being confronted with a person near their bedroom door, would instil significant fear," the presiding judge said.

"Further, at the time, the victim was in her home with two young children."

The presiding judge refuted a notion from the defence that the offending shouldn't be considered serious.

"The fact that you jimmied the front door, the fact that you entered at night, and the fact that in the course of stealing the items there was the confrontation with Ms Hayek, in my view elevates your offending," he said.

Aggravating the offending further was the fact the offender carried an extensive criminal history.

The sentencing judge said mitigating circumstances included an early plea of guilty and relatively young age.

The Court also heard the offender had been addicted to drugs since he was a teenager.

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Page last updated: 8 December 2020