Samuel Pennicott walks free with time served, sentence of two years for role in home invasion

Despite being sentenced to two years jail for his role in a home invasion, a man has walked out of court a free man. Find out why.

Supreme Court of Tasmania, Hobart. Picture: Chris Kidd

A person involved in a home burglary is a free man despite being sentenced to imprisonment.

Samuel Pennicott was sentenced to two years in jail for aggravated burglary, wounding and assault.

However, he has been in custody since December 6, 2021, awaiting trial and sentencing.

Given he had been in prison for over two years, Justice David Porter said Pennicott was a free man during sentencing.

“During the defendant’s time in prison, he has been the subject of significant lock down measures for various reasons,” Justice Porter said.

“In short, it has been a very difficult time for him.

Supreme Court Judge, Justice David Porter

“He has suffered from issues relating to prison overcrowding, lack of proper staffing levels, lack of health care services and assistance in relation to drug and alcohol counselling. “Through no fault of his own, he has spent periods in solitary confinement, sometimes only having relief for one hour a day.”

Justice Porter said Pennicott had requested drug and alcohol services during his time in prison but received no response.

Pennicott and two other people were part of a “home invasion” incident in Glenorchy on September 19, 2020.

The owner of the house heard banging on the door with the offenders saying they were the police.

Justice Porter said one of the accused was carrying a .22 calibre pump action rifle.

The offenders then broke into the home and started attacking the owner of the house.

While Pennicott did not attack the owner, one of the offenders hit him with the stock of the rifle, and the other struck him with a broom that they had found before fleeing.

Justice Porter said the incident had greatly affected the victim.

“He says that he had always felt safe in his own home.

He feared for his life when the offenders broke in; he did not know what they wanted or why they were there.

“He had nothing to give them.

“He describes the 14 staples required to fix the laceration on his head, and he says that the injuries generally took about two to three weeks to heal.”

Justice Porter said the man lived with a friend for six weeks “because he did not want to stay on his own”.

“He avoided seeing his daughter until his physical injuries had healed. He feels he is now hypervigilant and struggles with the effect the events have had on him.

“He now has a general sense of anxiety.”

Pennicott has a lengthy criminal history.

“You have a poor record for a person of your age, and nothing seems to have prevented you from persistent offending,” Justice Porter said.

“You have now spent a considerable period in jail waiting for this matter to be resolved, much of it spent in onerous conditions.

“You have a young family, and it is to be hoped that you see the sense in a law-abiding life and in being there for them and find the will to behave.”

After informing Pennicott of his sentence, Justice Porter told him that “as far as this court has been made aware, you are now free to go”.

Originally published as Samuel Pennicott walks free with time served, sentence of two years for role in home invasion