Bellevue Hill: Burcher Pools owner Simon Burcher avoids jail after breaking in and assaulting former business associate

A prominent Sydney business owner has avoided jail after breaking into a former associate’s home and assaulting him with a mallet in a drug-fuelled psychosis. Here’s the latest from court.

Burcher Pools business owner Simon Burcher avoided jail time. Pictures: Justin Lloyd

The victim who was assaulted in his home by a southern Sydney pool builder during a drug-induced psychosis has been left “disgusted” after his attacker avoided jail time.

Burcher Pools owner Simon Burcher, 54, appeared before the Downing Centre District Court on Friday where he was sentenced to an intensive corrections order (ICO) in the community for 2 years and 7 months.

He had previously pleaded guilty to charges of assault causing actual bodily harm and aggravated enter dwelling with intent while armed.

Burcher, from Cronulla, broke into his former business associate’s Bellevue Hill home by climbing through his bathroom window and assaulted him with a mallet while in a drug-induced psychosis.

During Burcher’s bail application in the NSW Supreme Court back in 2023, the court heard the complainant had loaned Burcher a large sum of money as capital for his business of 23 years before the relationship “soured”.

Burcher’s lawyer told the court his client was remorseful of his actions. Pictures: Justin Lloyd

It was stated Burcher intended to inflict “grievous bodily harm or worse” in the “premeditated and planned” attack.

In court on Friday, the former business associate spoke up about the impact the assault had on his life.

Burcher’s victim told the court how he lived in “constant fear” since the assault. Picture: Supplied

“I was violently assaulted in my own home by the defendant, a man who I once considered my friend,” he said.

“He screamed we were going to talk or he was going to kill me, and then attacked me with a hammer. He cornered me and continued hitting me with a hammer while threatening to kill me.”

The victim said if his screams didn’t alert passers-by and his neighbours, who knows “what would’ve happened to me”.

“Since that day, my life has changed completely. I live in constant fear of him, of being alone, of another attack,” he said.

The matter was heard in the District Court at the Downing Centre in Sydney. Picture: NewsWire / Nikki Short

“Every time I enter my home, I check every room and cupboards before I can feel even a moment of calm. This house no longer feels like a home, it feels like a trap.

“I fear that he may try again, one of my greatest fears is that he will try again. I fully believe this man remains a danger.

“I do not feel safe, I do not feel free. I urge the court not to show leniency just because of a guilty plea.”

Burcher’s lawyer had told the court his client expressed remorse for his actions and that he’d turned his life around since the attack.

“He’s being seeing his GP and the psychiatrist for the past 18 months,” his lawyer said.

“In his letter of apology it states ‘I am deeply ashamed and embarrassed of my actions that day’ … ‘it still shocks me to read the agreed facts’.”

His lawyer also raised the opinions of multiple medical experts that should his client be incarcerated, it would set back progress on his mental health and drug sobriety.

Judge Sharon Harris accepted Burcher taking “responsibility for his actions”.

“I accept that he is no longer using drugs and has not used drugs since the time of his arrest,” she said.

Along with his ICO orders, Burcher was also sentenced to 280 hours of community service.

And while Burcher’s wife and daughter shed tears of joy at the news, his victim told this masthead he was “disgusted” by the outcome.

“I am disgusted with the fact that someone could break into your house, attack you with a hammer then not even get a custodial sentence,” he said.