TWO Young men have been given suspended jail sentences for their role in an assault that left their victim with a broken leg that needed steel plates and screws to repair.
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Matthew Albert Sheather, 30, and Russell Edward Horne, 60, were sentenced in Wagga District Court this week by Judge Phillip Mahony SC after each pleaded guilty to recklessly inflicting grievous bodily harm.
A third man in the attack, Horne’s son Russell Noel Horne, was given a nine-month suspended jail sentence in Young Local Court last July after pleading guilty to the same offence.
The trio descended on the Wombat Street home of their victim about 10pm on September 19, 2015, wanting to confront him over his alleged threats against members of the Horne family.
The victim produced a samurai sword and Sheather held a knife as a violent struggle erupted involving the victim, Sheather and Horne junior.
During the fracas, the victim was punched a number of times and there was a heavy impact on his right leg.
He felt a bone in his leg snap and he started to scream.
The trio then left after Horne senior said: “Let’s go, get off him, he’s had enough”.
Sheather was given an 18-month suspended sentence while Horne senior was given a 12-month suspended sentence.
Judge Mahony said Sheather’s role was equal to Horne junior, but more serious than the offending of Horne senior.
“However, as a joint criminal exercise they were all responsible for their actions,” Judge Mahony said.
“By going to (the victim’s) premises, the three co-offenders took the law into their own hands.
“The offender (Sheather) and co-offender (Horne junior) carried out a violent attack on an older man in his own home.”
In sentencing Sheather, Judge Mahony took into account Sheather had spent 175 days in custody on remand after his arrest.
He said an aggravating factor of Sheather’s crime was he held a knife during the attack.
Judge Mahony accepted that Horne senior called the two younger men off the attack after the victim lay on the ground with a broken leg, but he rejected a defence submission that by doing so he was acting as a peacemaker..
“Rather than being a peacemaker, he had facilitated the attack by taking the two younger co-offenders to the victim’s home,” Judge Mahony said.
“At no time had he intervened in their attack on the victim.”
Judge Mahony said general deterrence was important in this sentencing.
“A strong message must be sent to the community that people are not to take the law into their own hands, and if they do so, severe penalties will be imposed by the courts.”