Penrith District Court sentences Matthew Rose, of North Richmond, over attack
One man who rendered another unconscious, before stomping on his head, boasted that he was ‘proud’ of how the victim ‘fell like a bucket of shit’.
True Crime
Don't miss out on the headlines from True Crime. Followed categories will be added to My News.
One man who knocked out another, before stomping on his head, later boasted that he was “proud” of how the victim “fell like a bucket of shit” when rendered unconscious, a court has heard.
Matthew Rose, 48, was sentenced in Penrith District Court on Wednesday to two years and three month in prison, with a non-parole period of 14 months.
The North Richmond man had earlier pleaded guilty to causing grievous bodily harm and recklessly causing actual bodily harm.
According to agreed facts read to the court, the assault occurred in a home belonging to Rose’s elderly father in North Richmond in May last year, during a visit from a former tenant who had come to collect her belongings.
Accompanying the woman was her partner, who became embroiled in a disagreement while at the home.
For “reasons that are unclear”, the woman’s partner approached Rose’s father, who was sitting on the veranda with his iPad, and swung at him with a clenched fist, before stopping just short of making contact, the court heard.
In an act of “self-defence” to protect his father, Rose then punched the man, knocking him out and then stomped on his head as he lay unconscious on the veranda.
The attack on the man, who was described in court as “a big boy” and much larger in stature than Rose, resulted in bleeding and bruising to the brain, requiring a two-week stay in hospital.
Shortly following the assault, Rose boasted about what he had done.
“I punched him in the jaw,” he said.
“I’m proud of that shot. It was pretty good, yeah, ’cause I didn’t want him to hit my dad.
“He fell like a bucket of shit and he couldn’t get back up because he’s a big boy.”
Judge Craig Everson accepted the first punch thrown by Rose was to protect his father and that “everything else was a fit of pique”, agreeing with the Crown, which said “self-defence was well and truly done by the first strike”.
“It was not excessive self-defence, there was nothing that constitutes self-defence in stomping on someone's head while they're on the ground,” Judge Everson said.
“To be stomping on someone so they don’t get up, an inference could be drawn that there is an intention to cause really serious injury.”
In considering a suitable sentence, Judge Everson noted Rose came from “a profoundly disadvantaged background” and had post-traumatic stress disorder factors, which significantly reduced his moral culpability.
“He reacted in a violent manner, which is consistent with his upbringing,” the judge said.
“Dovetailing with that is his post-traumatic stress disorder.
“This leads me to the conclusion there is not a need for general deterrence.”
Rose’s sentence was backdated to begin in September 2023, making him eligible for parole this November.
Originally published as Penrith District Court sentences Matthew Rose, of North Richmond, over attack