Parafield Gardens father Mathew John Humphrys took part in kidnapping out of fear, court told
This father woke up to his toes being set alight – and was then too terrified to refuse to help his roommate kidnap and threaten another man, a court has heard.
Police & Courts
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A single father took part in a “terrifying” tomahawk kidnapping of a roommate – and $37,000 attempted theft – because he was scared for his daughter’s safety, a court has heard.
On Monday, Mathew John Humphrys appeared in the District Court to be sentenced for his role in the crimes of his former Parafield Gardens roommate on October 15, 2021.
Humphrys had pleaded guilty to one count of aggravated kidnapping.
Judge Michael Burnett told the court Humphrys’ participation was sparked out of the “fear” he held for Kamran Misaghisaisan, 37, who was earlier imprisoned for his role as ringleader.
“I accept that you were fearful of Mr Misaghisaisan prior to the offending, both in terms of your personal safety and in terms of the personal safety of your daughter,” Judge Burnett said.
The court heard Misaghisaisan had argued with the victim over drugs earlier in the night and struck him in the hand with a tomahawk.
Misaghisaisan – who told Humphreys he was “linked to bikies” followed the victim into his room where he directed him to take his pants off before he cut the victim’s boxer shorts with the tomahawk and bound his legs.
Judge Burnett said Humphrys was then woken up by Misaghisaisan burning his toes with an aerosol can and lighter, who told the 35-year-old to threaten the victim – and threatened him in turn when he refused.
The court heard Misaghisaisan left for a time and gave Humphrys the tomahawk.
Judge Burnett said Humphreys told the victim he “did not deserve” this treatment, but failed to release him during the “considerable” time they were alone.
“At this stage you accept that you could have taken steps to free the victim … I accept that during the offending you were concerned about the safety of your daughter, and this impacted your decision-making.”
Misaghisaisan and Humphrys were charged alongside Samantha Eatts, who pleaded not guilty to kidnapping and blackmail. Her case is progressing through the courts, but court on Monday heard she could not currently be located.
The victim was forced into a car with the trio, driven to a bank and taken inside by Humphrys to withdraw $37,000, but staff called police after the victim appeared shaken.
During his victim impact statement, the court heard the victim, who suffered cuts to his body, now leads a lonely and solitary life because of the offending.
Judge Burnett sentenced Humphrys to two years, five months and 21 days imprisonment with a one-year, 14-day non-parole period, with time removed for a guilty plea and for that served on remand.
His Honour suspended the sentence because of Humphrys’ “unique” involvement, his remorse, prospects of reoffending and concern for his daughter’s wellbeing.
The sentence was suspended subject to a two-year, $500 good behaviour bond to be supervised for 12 months.