By Cam Lucadou-Wells
Two men have been jailed after a victim was left paralysed by a hammer blow during an armed home invasion at a Clyde farm eight years ago.
After four trials, Brett Audsley, 37, and Jason Parks, 51, were each sentenced to six-and-a-half years’ jail by Victorian County Court judge Jane Patrick on 18 May.
Their co-accused Michael Turner was indemnified after giving evidence for the prosecution.
The three were armed with a hammer and a conduit bar when they burgled the farm’s home and traumatised three occupants in the hunt for cash and drugs about 11am on 10 January, 2009.
During the hold-up, it was believed that Parks felled the homeowners’ adult daughter with a strike to the head, Judge Patrick said.
She and her mother were threatened with a knife and marched through the home to find cash.
The husband had gone outside to put on his boots, and was struck to the head with a hammer by either Turner or Audsley.
The robbers fled, leaving the victim unconscious with a compound depressed skull fracture.
He was taken by a helicopter ambulance and operated upon at hospital.
As a result of his brain injury, he was initially paralysed down the right side of his body and unable to speak.
Though the victim’s condition slightly improved, his right hand, memory, walk and speech remain affected.
His retirement plans changed, his family business closed down as a consequence, the man stated to the court.
“My life has changed forever,” the man stated in a victim impact statement.
“I’ll never get back my previous life.
“Every hour, every day I’ll never be how I was – not physically or emotionally.”
Judge Patrick said the harm caused to the family was “serious, significant and ongoing”.
The matters had taken several twists and turns through the courts – including an appeal of Audsley’s original seven year-plus jail sentence and a retrial of Parks’ non-verdict by jury.
Two trials were aborted due to a discharged jury and a judge falling ill.
In December 2016, a jury finally returned guilty verdicts for both accused for aggravated burglary, assault, recklessly causing serious injury and armed robbery.
Judge Patrick reduced their sentences due to the cases “hanging over their heads” for so long.
She handed down a shorter non-parole period for Parks, who had reasonable prospects for rehabilitation.
Audsley, with priors including violent offences, burglary, theft and drugs, was judged to have low prospects.
His moral culpability was slightly diminished due to his mild intellectual disability, Judge Patrick said.
Audsley’s sentence will be partially cumulative with a four-year, nine-month jail term for kidnapping, intentionally causing injury and drug possession handed down in late 2016.
The term will take into account 649 days of pre-sentence detention.
He’ll be eligible for parole in six years.
Parks will be eligible for parole in three-and-a-half years, lessened by 150 days of pre-sentence detention.
