Matthew Atkinson sentenced to six years prison over bashing death of Bjorn Delphine

A swift, savage and ultimately deadly beating of a Mooroopna man at a local supermarket has been described as “vigilante justice” over naked pics of a woman.

Matthew Atkinson bashed family friend Bjorn Delphine to death at Woolworths Mooroopna. Picture: Crime Watch Victoria

A Shepparton man’s savage beating of a family friend who allegedly had nude photos of his sister on his phone has been described as “vigilante justice”, a court has heard.

Matthew Atkinson, 20, appeared via video link from the Ravenhall Correctional Centre at the Supreme Court on Tuesday where he was sentenced to six years’jail for the savage beating of family friend Bjorn Delphine, 46, who later died from his injuries.

Family and friends of both Atkinson and Mr Delphine were in attendance for the sentencing.

At 7pm on May 22, 2023, Atkinson was at the Woolworths in Mooroopna buying groceries when he saw Mr Delphine.

Woolworths Mooroopna. Picture: Crime Watch Victoria

The court heard that Atkinson’s sister was scared of Mr Delphine and that he allegedly had naked photos of her on his phone.

Mr Delphine was a close friend of Atkinson’s mother and he had known the victim since he was a youngster.

The court heard that Atkinson had been aware of the alleged photos on Mr Delphine’s phone for a number of weeks as well as four other allegations from other women saying Mr Delphine had been behaving inappropriately.

Atkinson promptly handed his groceries to his mate, before confronting Mr Delphine, asking him to have a chat outside.

Mr Delphine refused, smirked at Atkinson and tried to walk away, before Atkinson punched him once in the chest and once in the head.

As Mr Delphine tried to get up, Atkinson stomped him twice in the head, which Justice Elizabeth Hollingworth described as “serious” offending.

As a security guard intervened, Atkinson tried to hit him as well.

Mr Delphine was flown to Royal Melbourne Hospital, but on June 1, 2023, his life support was turned off.

He died four days later.

Atkinson made full admissions in a police interview.

Justice Hollingworth said that Atkinson was initially charged with murder, but pleaded guilty at the earliest possible time to manslaughter at his committal mention.

Justice Hollingworth spoke of the “moving” victim impact statements from Mr Delphine’s sisters and mother.

The court heard Mr Delphine was the fourth of six siblings and grew up in Tasmania, before moving to Victoria in 1995.

The victim impact statements said he would be “greatly missed” and the court heard the family held a vigil by his bedside while he was in hospital.

Atkinson was sentenced in the Supreme Court. Picture: NCA NewsWire / Penny Stephens

The court also heard Mr Delphine had recently been in contact with his estranged daughter.

In sentencing Atkinson, Justice Hollingworth said there was a number of mitigating circumstances, most notably Atkinson’s “difficult upbringing”.

“You grew up in an environment of deprivation”, she said.

The court heard that Atkinson’s father was an “extremely violent man” who was imprisoned for attempted murder just a month before Atkinson was born.

Atkinson also suffers from ADHD, PTSD and FASD.

FASD is fetal alcohol spectrum disorder, caused by exposure to alcohol while being a fetus.

Justice Hollingworth also took into account the fact that the prosecution had labelled the offending as “vigilante justice” and it was not premeditated, but did also say that people should be deterred from “taking the law into their own hands”.

Her Honour went on to say that Mr Delphine “did not deserve to be attacked or killed”.

The court heard that Atkinson was “genuinely remorseful” for his actions and had engaged productively with the Indigenous liaison officer in prison.

Atkinson was also sentenced on a charge of trafficking cannabis, after having “seven sandwich bags” of the drug when he was arrested.

Justice Hollingworth sentenced Atkinson to a three-year, six month non-parole period.

He has already served 378 days in custody.