The fatal beating of a homeless man in Dandenong Park in 2014 has resulted in a 20-year jail sentence for his attacker.
Supreme Court Justice Karin Emerton sentenced Robert John Marshall to 20 years behind bars on Tuesday 2 August after he pleaded guilty to murder.
The court heard that Marshall, 22, attempted to take a mobile phone and wallet from the victim, 42-year-old Christian Williams, before beating him to death.
Mr Williams had been living on the streets at the time of the attack.
During sentencing, Justice Emerton said Mr Williams’ death was “pointless and tragic”.
“You murdered Mr Williams by beating him to death,” she said to Marshall.
“Mr Williams was a homeless man sleeping in the park where you were drinking with your friends, and your attack on him was entirely unprovoked. He died pointlessly and tragically, in terrifying circumstances.”
The court heard the details of the attack and how Marshall intimidated, chased and hit Mr Williams a number of times before dragging his unconscious body to a secluded part of the park where he proceeded to bash him until he was dead.
Justice Emerton spoke of Mr Williams who suffered from an intellectual disability and the relationship Mr Williams had with his son.
“He was a gentle and vulnerable person. When he was ten, he was struck by a car, resulting in a permanent brain injury and facial scarring,” she said.
“He was described as being like an overgrown kid who enjoyed doing children’s activities with [his son]. He was also described as being loyal, kind-hearted and trusting of everybody.”
Marshall’s history was relayed to the court as part of his guilty plea and included factors such as ongoing abuse and neglect throughout childhood.
The judge aslo noted that Marshall had been committed to juvenile justice systems since he was 13 year old but continued to re-offend and commit more and more serious crimes.
Justice Emerton spoke of the brutality of the attack and Marshall’s behaviour.
“I find the objective seriousness of your crime to be at the high end of the range for murder,” she said.
“Yours is a truly shocking crime: brutal and contemptuous. Your conduct can only be described as sickening.”
“Your conduct was particularly vicious and contemptuous. You showed complete disregard for Mr Williams’ humanity.”
In a victim impact statement read to the court, Mr Williams’ sister described the pain her brother’s death had caused their family.
The victim impact statement described her severe distress and sense of loss, and the fact that she no longer felt safe walking around Dandenong.
She also described the pain of explaining to Mr Williams’ son what had happened and how difficult it would be protecting him from the details of his father’s death in the future.
At the time of Mr Williams’ death, The Journal reported that Mr Williams ate his last meal at Cornerstone Contact Centre in central Dandenong just hours before his death.
Then, the late Cornerstone Pastor Don Cameron warned other homeless people to avoid sleeping rough in Dandenong Park.
Justice Emerton said if not for Marshall’s guilty plea, his sentence would have been for 23 years, with a non-parole period of 19 years.
Marshall will be eligible for parole in 16 years.
