Supreme Court: Liam Casley sentenced to more time over fight that killed Cam Smith
A young man who kicked a tradie as he lay dying after being stabbed in a fight at Seaford has again failed to follow court orders.
South East
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A young man involved in a fight that led to the death of a Melbourne tradie will serve more jail time after being kicked out of rehab.
Liam Casley, 21, will spend a month behind bars following multiple breaches of a second community corrections order made in relation to an affray charge linked to the fight.
Casley was initially sentenced in the Victorian Supreme Court in August 2021 after pleading guilty to affray.
He was charged with affray after he kicked Cam Smith, 26, in the head as he bled to death outside Seaford train station in November 2020.
Moments before Casley kicked the dying man, Mr Smith had been stabbed by Casley’s friend, Jack Ledlin.
Ledlin was found guilty of murder in September 2022.
Casley was not accused of being involved in the murder but during his sentencing admitted kicking him.
In August 2021 he was sentenced to an eight-month community corrections order (CCO) after the court took into account the eight months he had already served in pre-sentence custody.
Casley went on to breach the CCO in March 2022 and returned to the Supreme Court in November where Justice John Champion ultimately ordered him to complete a new 12 month order.
Prior to Justice Champion’s decision Casley was granted bail for separate offences - some of which did not breach the initial order.
He immediately entered a Gippsland alcohol and drug rehabilitation program organised by Uniting Care.
On Tuesday, Casley returned before Justice Champion after multiple breaches of the new order.
The court heard he was prematurely discharged from the Gippsland program for “poor behaviour” and had failed on multiple occasions to meet the supervision requirements of the community corrections order.
Casley had also been convicted of separate offences including car theft, receiving stolen goods and stealing from a shop, all while on bail.
He was currently serving an 18 month community corrections order imposed by Frankston Magistrates’ Court in relation to those offences.
The Director of Public Prosecutions prosecutor argued that Casley should face re-sentencing for affray and that a prison term would be appropriate.
The court heard Casley had been given “many opportunities to engage with rehabilitation and failed to comply”.
The maximum term for affray is five years and a further three month’s imprisonment could be applied for breaching a CCO.
Justice Champion said Casley had a “sorry criminal history combining violence, dishonesty and driving offences”.
“There are real concerns about rehabilitation prospects,” he said.
However, Justice Champion acknowledged Casley’s disadvantaged background and his diagnosis of complex PTSD, ADHD and depression.
“I’m not going to conclude that the prospects of rehabilitation are closed off,” he said.
Justice Champion said having two community correction orders running at the same time was “not helpful”.
He also believed Casley had served adequate time for the affray offence.
He cancelled the CCO made in November 2022 and sentenced Casley to a month in custody.
“Had it not been for your early guilty plea regarding the breaches it would have been six weeks,” Justice Champion said.