‘Prolonged and barbaric’: Court rules on sentence appeal of man convicted of vicious bashing

A man jailed for nine years over a savage bashing outside a Salvos store in Dandenong has learnt his fate, after appealing the length of his sentence.

James Weatherburn was last year sentenced to a maximum nine years’ behind bars after over a brutal assault on a man he claimed was a pedophile.

A man jailed over a vicious bashing that lasted 18 minutes and continued as his victim slipped in and out of consciousness has failed in his bid to have his prison term cut.

James Weatherburn, 48, was last year sentenced to a maximum nine years’ behind bars after he unleashed a brutal assault on a man he claimed was a pedophile, including punching, kicking and slamming his head against concrete outside a Salvation Army store in Dandenong.

In his sentencing remarks, County Court Judge Michael Tinney said there was no evidence to support Weatherburn’s pedophile claim and he had carried out a “prolonged and barbaric” assault on his incapacitated victim.

James Weatherburn appealed his nine-year jail sentence in the Court of Appeal. Picture: David Geraghty.

Weatherburn appealed his sentence in the Victorian Court of Appeal, arguing it was “manifestly excessive” and not enough consideration was given to delays in his case, his impaired mental health and the impact of the pandemic while he was on remand.

He also said he had no prior convictions for violence and his sentence was higher than what was imposed in other similar cases.

In dismissing his appeal, Court of Appeal Justices Geoffrey McLeish, Lesley Taylor and Stephen Kaye AM found the sentence, while high, was within the range available to Judge Tinney and he gave appropriate consideration to the issues raised by Weatherburn.

“This was an unprovoked and brutal attack on a defenceless victim, which continued after he had become unconscious, as a result of which he sustained very severe injuries,” they said in their judgement published on Wednesday.

“It took place in a public street over an extended period, during which the appellant had ample opportunity to reconsider his actions and refrain from further violence. Instead, although he desisted in the attack on a number of occasions, he then resumed it with vigour.”

In June 2019, Weatherburn — who pleaded guilty to intentionally causing serious injury in circumstances of gross violence — approached his “hapless” 47-year-old victim near a Salvos store on Lonsdale Street in Dandenong.

He began slapping, punching and kicking him before pushing him to the ground where he was knocked unconscious after his head was slammed into concrete and he was kicked in the face.

Judge Tinney said the victim showed no signs of aggression and had attempted to walk away.

“It was at no stage a fight,” he said.

“It is disturbing to think that anyone would or could treat another human in the way that you did, and yet you did.”

The violence went for 18 minutes and was captured on CCTV, showing Weatherburn taking breaks before resuming his assault.

When the victim regained consciousness, Weatherburn kicked him in the head knocking him out again.

“I’ve f--king killed him,” he told associates after the attack.

When asked why he had attacked the man, Weatherburn claimed it was because he was a pedophile.

The victim lay motionless in the carpark for a further 25 minutes, before one of Weatherburn’s associates discreetly asked a stranger to call emergency services.

The man was taken to hospital where he was placed in an induced coma for three weeks suffering serious injuries including multiple fractures and brain bleeds.

He spent eight months in an acquired brain injury unit and required 24-hour care after his discharge.

Weatherburn must serve at least 6½ years of his sentence before he is eligible for parole.