Lalor Park home invasion: Bostyn Graham sentenced over enter dwelling, reckless grievous bodily harm in company
A man who was ‘on the lookout’ during a brutal home invasion that saw a hostage allegedly stabbed, strangled and hog-tied before his jaw was smashed in by a bat has learnt his fate.
Penrith
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A man who kept watch during a violent home invasion in Sydney’s west – which resulted in the traumatised victim fleeing the country – has narrowly avoided jail.
Bostyn Graham, 21 of Oxley Park faced Penrith Local Court after previously pleading guilty to aggravated enter dwelling in company with intent to steal and reckless grievous bodily harm in company.
Graham was part of a group who police allege forced entry into the house of a man as part of a revenge plot for sleeping with a co-accused’s ex-girlfriend on October 27 2022.
Co-accused Jason Tembleski has pleaded not guilty to special aggravated break, enter and commit a serious indictable offence.
All charges against another man, Jason Skelton, have been dropped by the prosecution.
Three juveniles have also been sentenced over their involvement, who cannot be named for legal reasons.
According to an agreed statement of facts in Graham’s case, the group wore “dark clothing, balaclavas and face coverings” when they turned up at the victim’s home.
A member of the group allegedly swung a baseball bat at the victim’s face, breaking his jaw before he was set upon by the rest of the group beating him.
The same man then allegedly wrapped an iPhone charger around the victim’s neck pulling so tight he “could feel the rubber burning his skin”.
The same cord was later used to hog tie the victim.
While the agreed facts in Graham’s case state the victim saw more than one knife being wielded at him by his intruders, the court heard he could not be sure who stabbed him.
It was only after the group had left – taking a substantial amount of stolen goods with them, and the victim stumbled into the bathroom – that he realised he’d been stabbed, causing a 4cm deep laceration.
As a result of the attack, the victim required emergency reconstruction surgery to his face – involving four metal plates and 12 screws inserted into his jaw, which was wired shut for 6 months.
The court heard the victim was so traumatised by the events he “moved countries” as he “no longer felt safe” in Australia.
A Legal Aid solicitor told the court Graham’s role did not extend to any violence as “he was more on the lookout” and there was “no evidence to suggest he physically assaulted” the victim.
Magistrate Andrew Spence accepted while Graham’s role was limited, he had “turned up knowing they were going to at least intimidate the victim with weapons” with “some appreciation something would happen” otherwise he wouldn’t have been there.
“Both these matters are very serious, if you had any record I’d consider sending you to jail full time without a shadow of a doubt,” Mr Spence said
“And for a slightly build fellow like yourself you would be mince meat for some of the violent people who end up in custody, you would not last very long.”
Bostyn Graham was convicted and sentenced to a two year community corrections order and an 18-month intensive corrections order.
Jason Tembleski will return to Parramatta District Court for call-over on May 3.