Christopher Knaus June 02, 2012
A man who tied up an elderly victim and threatened to shoot him with a speargun was sentenced to 12 months' jail yesterday.
Benjamin John Brennan was earlier this week convicted of trespassing with intent to cause harm, and had already entered a guilty plea to taking a motor vehicle without consent. The ACT Supreme Court heard that Brennan had entered the home of a 68-year-old man, who was in ill health, late at night on January 25 last year.
Brennan tied up the victim and threatened to kill him, or shoot him with a speargun.
The court heard the victim was then forced to hand over keys, a bank card and PIN.
Brennan withdrew $1000 cash using the card, spending $300 on cannabis, and hiding the rest in his underpants.
Defence barrister Ken Archer had previously told the court that the elderly man regularly dealt cannabis to Brennan, and that the offender had gone to his house to buy cannabis that night.
Mr Archer said that the pair had argued, before Brennan took the bank card and the car.
Mr Archer argued the rest of the allegations, including that the victim was tied up and threatened with a speargun, had been an embellishment.
But the Crown said yesterday that the crime, which took place over a ''prolonged'' period of time, had caused great distress to the victim.
The court also heard that Brennan suffered from a long history of severe depression, and drug and alcohol abuse.
The Crown said that Brennan had an ''undesirable'' criminal record.
Chief Justice Terence Higgins sentenced Brennan to a total of 12 months' jail, which had already been served. Brennan remains in custody on other charges.