Cousins shocking assault, robbery over pokie winnings
A nervous man who claims he gets intimidated by his cousin when he drinks, lied about his involvement in an assault on a fellow football player leaving the victim unconscious.
Rockhampton
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A man who claims he gets intimidated by his cousin when he drinks, lied about his involvement in an assault on a fellow football player which left the victim unconscious.
Marshall Henry, 27, was not audible the first time he entered his plea of guilty in Rockhampton District Court to robbery with violence.
His barrister told the court at the time her client was simply nervous.
Henry, and his cousin Phillip Timothy James Richards attacked Michael James William Campbell as he waited outside a party in Berserker for an Uber on December 12, 2021, about 9pm.
The trio had been at the same party where Mr Campbell boasted about the $700 pokies winnings that was taken during the robbery.
Crown prosecutor Ken Spinaze told the court Richards, who was sentenced in October 2022 for the offence, called out to Mr Campbell as he waited for the Uber, saying:
“Mikey, come here quickly my brother. Please come here. I’m not going to hurt you, brother. I swear.”
There was a conversation between the men before Richards placed his hands around Mr Campbell’s throat, slightly choking him and said “you want to die tonight?” before repeatedly punching him.
Mr Campbell fell to the ground and Richards, 24, continued to punch him.
Mr Spinaze said Richards told Henry to grab Mr Campbell’s wallet and phone.
“It was at this point the victim lost consciousness,” he said.
Mr Spinaze said when the victim regained consciousness, he found his empty wallet and returned to the party for medical help.
He said Henry, who also returned to the party after the attack, told others about bashing the victim and said “I’m going to jail for attempted murder”.
Judge Jeff Clarke said Richards and Henry “took off like cowards” upon seeing Mr Campbell returning to the party.
Mr Spinaze said Mr Campbell, in his victim impact statement, talked of how Henry just stood there and watched him be assaulted.
Defence barrister Julie Marsden said her client doesn’t like violence and was intimidated by his cousin when he drank alcohol.
“The situation escalated quickly and he froze,” she said.
Ms Marsden said Mr Campbell was known to her client through football.
Judge Clarke said the victim, in his impact statement, talked of the loss of wages, loss of confidence, trust issues and unwillingness to go out.
The court heard Mr Campbell’s injuries included a fractured nose and eyes, abrasions and bruises to various parts of his body and resulted in him spending a night in hospital.
He said in his statement the scars were daily reminders of the assault.
Henry was sentenced to 2.5 years prison with six days presentence custody declared as time served and parole release set for January 29, 2024.
Richards was sentenced by Judge Clarke on October 6, 2022, to three years prison with 296 days presentence custody declared as time already served and parole eligibility on October 6, 2022
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