A man who continued brutally bashing an at-times unconscious victim for 18 minutes in a retailer’s car park in Dandenong has been jailed.
James Weatherburn, 46, pleaded guilty at the County Court of Victoria to causing serious injury in circumstances of gross violence.
He’d told an associate “I’ve f***ing killed him”. When asked why, he said: “He is a paedophile.”
Sentencing judge Michael Tinney on 30 August said there was “not one jot of evidence” to back up that latter claim.
The evidence against Weatherburn however was “overwhelming”. It was “pure luck” that the victim wasn’t killed, Judge Tinney said.
It was “disturbing to think that anyone would and could treat another human like you did”.
“It was at no stage a fight,” Judge Tinney said.
“It was a prolonged and barbaric assault on someone who was incapacitated.”
The accused followed his “hapless” 47-year-old male victim from near Salvos Store bins on Lonsdale Street just before 6am on 10 June 2019.
During the assault wholly captured on CCTV, his victim gave no resistance as Weatherburn “monstered” him with a series of kicks and punches.
“He just wanted to get away from you,” Mr Tinney said.
He slammed the victim’s head into concrete several times. The victim appeared to be knocked unconscious after being kicked in the face and his head hitting the ground.
Weatherburn continued to ragdoll and kick the motionless “helpless” victim.
He walked away and returned several times to assault the victim again, smashing him in the face with a phone, stomping him and inflicting “body crunches”.
At one stage, the victim seemed to stir. Weatherburn lifted his head up and knocked him out with a kick to the face.
A witness said they saw Weatherburn kick the bleeding, prone victim to the head at least three times with a running step.
The victim lay alone in the dark car park for another 25 minutes.
After hearing about the bashing, a witness discreetly asked a stranger to call emergency services. Paramedics arrived 45 minutes after the assault.
The victim was taken to The Alfred hospital with facial, nasal and rib fractures, and multiple brain bleeding.
He lay in an induced coma for three weeks.
After at least eight months in hospital, the victim has remained in 24-hour care units.
He had a pre-existing brain injury, which made it difficult to ascertain the long-term impact of the bashing. This prevented Weatherburn’s offending from being in the “worst category” of this “inherently serious” offence.
Nevertheless the victim was subjected to an “extreme”, “savage” and “brutal” assault.
Judge Tinney said delays were largely caused by Weatherburn and his legal counsel’s initial denials of being responsible for the victim’s injuries.
Weatherburn was alcohol and drug affected at the time – but this was not mitigatory at all, Judge Tinney said. He had been injecting about half a gram of ice a day, the court heard.
His lengthy criminal history included stints in jail. Most of his previous offending was dishonest rather than violent.
Since the assault, Weatherburn had “kept out of trouble” and worked while in custody.
His rehabilitation prospects were “quite reasonable” if he remained drug free and subject to mental health treatment.
Weatherburn was jailed for up to nine years – well above the mandatory minimum of four years.
He will be eligible for parole after serving six-and-a-half years.
His term included 1177 days already served in pre-sentence custody.
