TWO grieving fathers who invaded the home of kindly Darlington neighbours, smashing down a door with a axe and then bashing a man, have been jailed.
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Dean Timothy Barnes, 35, of Hamilton Highway, Darlington, and Edward Lindsay Lehmann, 34, previously of Mount Barker, South Australia, pleaded guilty in the Warrnambool County Court last week to aggravated burglary.
Judge Sue Pullen has now sentenced Barnes to five years and seven months’ imprisonment with three years and six months to serve before being eligible for parole.
Lehmann got four years and six months with at least two years and six months to serve.
Judge Pullen said the crime arose out of events which took place at Darlington on February 29 this year when the men committed a home invasion while Lehmann was armed with an axe.
The victims knew Barnes, who has a lengthy criminal history, as he stayed with the young couple for several months following a domestic dispute with his partner.
The offenders believed that the victims had notified the Department of Health and Human Services about concerns regarding Barnes and his partner's children.
"You discussed this between you as the night progressed while continuing to consume alcohol. The anger in both of you welled up to the point where you both decided to attend the victims’ home to confront them," Judge Pullen told the defendants in sentencing.
Lehmann smashed open the back door with the axe, they both entered the home and confronted the male resident who stood in a doorway to prevent them further entering into the house.
Lehmann swung the axe which the victim caught by the axe head. Lehmann then hit the victim with the handle of the axe, striking him to the face.
The victim pleaded with both of the intruders to leave, said he had not contacted DHHS but police had been called and the intruders left after about 10 minutes.
Judge Pullen said Barnes was the father of three children who had died and in 2014 he was told he was the carrier of the severely debilitating mitochondrial disease.
A medical report revealed Barnes felt responsible for the death of his children and struggled with grief, low self-esteem and was significantly affected by unresolved grief.
"Your repeated escape recourse to substances was an attempt to calm anger, anxiety and dysthymic mood following the death of your children," the judge said.
"I have at best guarded optimism regarding your prospects of rehabilitation given your extensive history and continued resort to alcohol/drugs to assist with your grief."
The judge said that following a period of abstinence, Lehmann had an extreme relapse into drug addiction triggered when his partner suffered a miscarriage and their relationship ended.
"At the time of this offending your relationship had ceased and you were grieving the loss of your child. I accept you were upset about your life issues at the time," Judge Pullen said.
"You chose to resort to excessive alcohol consumption and drug use. Your loyalty to Barnes led to the commission of this offence. I consider your chances of rehabilitation to be reasonably good."
After reading a victim impact statement from the woman in the home, Judge Pullen said the impact on the young couple had been profound.
She said a two-year-old daughter was continually afraid, her mother had nightmares and quit her job as she was scared one of the defendants’ associates would come to her workplace.
"She has also moved from her home as she relived your offending whenever she entered her house. Her partner felt like he had failed to protect the family They had, as a result of your offending, separated," the judge told the defendants.
"Their right to feel safe had been abused. She did not understand your offending, in particular you Barnes, as they had supported you," she said.
Barnes is also facing five police briefs of evidence in the Warrnambool Magistrates Court on Thursday.