DPP v Hutchins [2020] VCC 755

Sentence summary: Aggravated burglary

A man who attacked three people in their home in the middle of the night was jailed.

Jaymie Hutchins was sentenced to three years jail with a non-parole period of one year and eight months after he pleaded guilty to one charge of aggravated burglary and one charge of intentional damage to property.

The Court heard the offender drove to the victim's home at about 10.30pm in an attempt scare the victims.

"It seems that your motivation for the offending was in relation to being told that (one of the victims) had been around your children in the context of you believing that he had been sentenced in the past for some form of sexual offending," the sentencing judge said.

The offender and a co-accused broke into the victim's home while they slept and set upon one of them while they were in bed, before striking him to the head several times.

Further assaults were also committed in a caravan at the back of the property, where another man was sleeping.

The offender and his co-accused then left the property after telling one of the men to stay away from his children.

The presiding judge said the intent of the offender was clear.

"In assessing the seriousness of the aggravated burglary charge I also take into account that you entered a residential home at night where people were sleeping, that you were in company and that the offence involved a degree of planning in that you travelled some distance from Bendigo to Serpentine," the judge said.

When considering the length of sentence, the presiding judge noted the fact the offender pleaded guilty and had shown genuine remorse.

Additionally, the circumstances surrounding the COVID-19 pandemic meant any custodial sentence may be more severe due to limitations in visitations.

Despite these factors, a jail sentence was the only appropriate option, the Court heard.

"While your prior criminal history suggests that your offending in recent times has decreased to some degree, you have a number of violent offences in your past including recklessly causing serious injury," the judge said.

"You have also been given opportunities in the past, including community correction orders and suspended sentences."

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Page last updated: 8 December 2020