Storm Byron Lofthouse and Bradley James Millowick avoid jail after violent bashing two men in separate attacks
A magistrate had to get “creative” to avoid jailing two men after they violently bashed other blokes in separate attacks.
Mount Gambier
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A magistrate had to be “creative” to prevent two young offenders from winding up behind bars after they violently assaulted two different people on the same day.
The court heard Storm Byron Lofthouse, 22, and Bradley James Millowick, 22, had previously been handed suspended prison sentences for assaults.
Prosecutor Stephanie Moore told the Mount Gambier Magistrates Court on Monday Lofthouse was the main aggressor during the first attack with Millowick encouraging the violence.
Ms Moore said the defendants approached the victim on Commercial Street East about 3.30pm on July 28, 2020.
“Mr Lofthouse walked up to the victim and said, ‘what’s about to happen is your fault – I’m about to bash the f*** out of you,” Ms Moore said.
“Mr Millowick then told Mr Lofthouse to ‘hurry up and do it’.”
The victim was punched in the face approximately five times.
The victim had his impact statement read out in court by the prosecution.
“I’m unable to go down the street now – I have to get someone to walk with me,” the victim said.
“(My) PTSD has become worse along with my anxiety and depression – the assault increased my suicidal thoughts.”
The pair’s second victim knew both his attackers, meeting Millowick while in custody in 2019 and dating Lofthouse’s ex-girlfriend at the time, a court has heard.
“(On) the same day approximately an hour and a half later – Mr Millowick contacted the victim by phone and invited him over,” Ms Moore said.
Ms Moore told the court after being taken through the kitchen Millowick and Lofthouse began their assault.
The second victim was punched, kicked, stomped on and assaulted with wooden sticks by both defendants, a court has heard.
Ms Moore said the second attack was premeditated with Lofthouse messaging his ex-girlfriend the day before.
“He sent two voice messages saying ‘wait till I see your boyfriend now’,” Ms Moore said.
Both defendants pleaded guilty to aggravated assault causing harm and aggravated assault causing harm with weapon.
Millowick’s defence lawyer Kate Annells and Lofthouse’s lawyer Tess Dunsford both told the court the defendants had made steps towards rehabilitation.
Magistrate Koula Kossiavelos said she was concerned her limited options would send both defendants to prison.
“That might not be in the interest of justice,” she said.
Ms Kossiavelos said “we have to be creative” so “discretion” can be applied.
“Every individual case cannot be the same for everybody,” she said.
Millowicks was handed a total of 16 months’ imprisonment but after sentencing discounts for earlier guilty pleas and credit for time served both in custody and on home detention he will not go to jail.
Ms Kossiavelos found grounds to excuse revoking Lofthouse’s bond as the previous assault matter differed from his 2020 offending.
He was sentenced to five months’ jail, which will be served on home detention.