The complainant said Duncan Brooking accused him of stealing his “dope”.
Duncan Brooking punched the man three times on the nose. Not wanting any further confrontation, the complainant got out of his vehicle. Duncan Brooking handed his cousin the keys and told him to drive it away.
The complainant, once a friend of James Brooking, asked him if he could get his groceries and tools from the vehicle. James agreed and drove him home.
Police found a custom dog box that had been on the back of the vehicle. After being arrested, James Brooking arranged the return of the vehicle. It had some minor damage.
For the robbery, Duncan Brooking received a three strikes warning and sentence of community detention (six months). He was also ordered to do 120 hours community work.
Crown prosecutor Cameron Stuart urged Judge Mark Callaghan not to impose community detention — even the maximum six-month term of it could not meet the need for denunciation and deterrence of this type of offence, Mr Stuart said.
But counsel Doug Rishworth (for Tiana Epati) argued it would not be without precedent for the court to impose such a sentence for robbery.
This offence was short and unpremeditated, the complainant’s injury only minor.
A sentence of home detention as urged by the Crown would preclude Duncan Brooking from continuing worthwhile work he had been undertaking to assist with the clean-up of forestry slash after the recent floods.
It would also interrupt his work as a martial arts tutor.
There was a wider good to be had in enabling Duncan Brooking to continue working rather than subjecting him to 24-hour home detention, Mr Rishworth said.
It was difficult to reconcile the person described in many references with the man facing this serious charge, Mr Rishworth said.
Duncan Brooking was a supportive father, with leadership skills. The offending was an aberration.
Although he had convictions for offending of a similar nature, it was about 15 years ago and must have been quite low level, given the penalties issued.
Judge Callaghan accepted the defence submissions, saying it was only “by a narrow margin” that he agreed to impose community detention.
The judge set Duncan Brooking’s sentence starting point at two years, allowing 10 percent discount for his remorse, apology and character references, and a full 25 percent discount for guilty pleas.
The resulting 16-month prison term would have been converted to eight months home detention. Pointing to the importance of employment for Brooking, the judge reduced that to the maximum term of six months community detention.
James Brooking received 80 hours community work and nine months supervision — a sentence recommended by the Department of Corrections and endorsed by counsel Alistair Clarke.
Mr Clarke stressed James Brooking’s lesser role.
He was not involved in the physical assault or the initial taking of the keys, although he had driven the ute to his co-offender’s property.
He had assisted police to recover the vehicle and was truly remorseful.
James Brooking had a criminal history but not one that warranted an uplift Mr Clarke contended.
A pre-sentence report assessed James Brooking as a low risk of harm to others but a medium risk of reoffending due to his associations, alcohol intake and history of dishonesty.
