By Ewen McRae
A man who helped organise an aggravated burglary that led to the death of a Deer Park man on Australia Day, 2014, has had his appeal against the severity of his prison sentence dismissed in the Supreme Court.
Jamie Fisher was sentenced in March, 2017, to six years and three months in jail after pleading guilty to aggravated burglary and five assault charges arising from the incident.
He was acquitted of a charge of manslaughter in February, 2017, over the same incident, following three separate trials.
The court heard Fisher was one of two men who organised a break-in by himself and 12 others at a Billingham Road property at which an Australia Day barbecue was being held.
Fisher had cut short a fishing trip with his friend, Adam Power, after hearing that Power’s cousin had been hospitalised after an altercation on January 25 with a resident from the Billingham Road address.
The court heard Fisher and Power spent the drive home arranging for friends to meet them at Billingham Road for a “run through” at 10pm on January 26. Most were carrying weapons, including axes, machetes, baseball bats, knives and chains. Fisher carried a wooden bat.
The court was told a woman who was on the front porch of the house was bashed, while one of the group smashed through the front door with an axe. Once inside, the group went on a “terrifying rampage”.
Three men inside escaped out windows, but a fourth man, Michael Sleiman, was attacked in a rear bedroom. He suffered multiple blows from various weapons.
Power was sentenced to more than 15 years prison in September, 2016, for the manslaughter of Mr Sleiman.
Fisher argued his sentence on the aggravated burglary and assault charges was manifestly excessive given his “limited role” in the burglary itself as well as his level of remorse in the four years since the offences took place.
He also argued that the three trials he faced for manslaughter constituted an “exceptional circumstance”, and that while both on bail and in custody, he had made major efforts towards rehabilitation.
But judges Simon Whelan, David Beach and Stephen Kaye said the sentence matched the crime and dismissed Fisher’s appeal.
“Given the nature of the offending as we have described it, in our view the sentence imposed was a moderate one, and was certainly not outside the range of sentencing options open to the sentencing judge,” they said.
“This was a very serious aggravated burglary. It was undertaken by a large group of men armed with weapons, was premeditated and planned (and) was motivated by an intention to confront, to intimidate and to injure.
“Conduct of this kind is intolerable and strikes at the foundations of a law-abiding civil society. It demands a stern response.”
