A robber who used a baseball bat to inflict violence on his "'weak dog" victim said the actions of his former best friend triggered him to take up "the muscle" role in an aggravated robbery, a court has heard.
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Jake John Trewartha, 35, fronted the ACT Supreme Court on Thursday after pleading guilty to one count of aggravated robbery.
An agreed statement of facts reads in August 2021, Jennifer Jane Hanson, one of Trewartha's co-offenders, lured the victim to her Moncrieff house to enforce an alleged drug debt.
About one hour after the victim arrived, Trewartha and three others - Omar Haddara, Kyle Joseph Butkovic, and an unidentified man - arrived at Hanson's house.
Trewartha was holding a baseball bat, Butkovic holding a box-cutter style knife and the unidentified man holding a machete. Hanson hid in her room.
The victim tried to leave through the back door, but he was grabbed and taken back to the couch where he was threatened.
Using his phone, the victim made two transfers, totalling $800, to Butkovic.
A third transfer was unsuccessful, triggering the unidentified man and Trewartha to strike him, who sustained scrapes to the head and arms as Haddara intervened.
The unidentified man then struck the victim in the head before Haddara intervened again.
The victim said he was not "f---ing around" before successfully transferring another $2515.
He was again assaulted, including by Trewartha, who said words to the effect of "let's just put him in the boot".
In total, the victim was struck three times to the head with the baseball bat and punched numerous times in the face.
Haddara then told the victim to get up and leave and not to go to hospital or report the matter to police.
Shortly after, the victim called his ex-partner who later drove him to hospital and called police. He was also able to cancel the third transaction and recover the $2515.
Two to three days before the robbery, the victim received numerous messages and missed calls from Haddara about an alleged debt.
"You're a weak dog and your debt has just doubled and your getting flogged when I see you," one message reads.
Butkovic had also spoken with the victim on the phone about a $600 debt for cocaine. Haddara and Hanson then spoke about the situation.
Haddara, in his early 30s, and Hanson, in her late 20s, were sentenced to community-based orders after they admitted their offending.
At the time the facts were being prepared in Trewartha's case, Butkovic had pleaded guilty and has not yet faced sentencing.
The court on Thursday heard Trewartha had been abstinent from illicit substance use in the three years leading up to the offending.
In a letter to the court, he said his former best friend of many years had stolen important property from him and threatened him and his family.
This betrayal, he said, caused an emotional breakdown and triggered his drug use that led to the robbery.
Justice Belinda Baker in her sentencing considered Trewartha's disadvantaged upbringing, including his exposure to violence and a difficult childhood, and said this reduced his moral culpability.
Justice Baker said Trewartha's role had aggravating features, including using the baseball bat to inflict violence.
She said while the bat was not swung with full force, the fear it caused the victim was nonetheless significant.
The judge said there was no evidence Trewartha was involved in the planning nor did he obtain financial benefit.
"His role was the muscle. I am satisfied on the balance of probabilities that the offender was a follower and not a leader," Justice Baker said.
She said his letter expressing remorse indicated insight into the offending and that his prospect of rehabilitation was reasonable.
Sentencing parity with the co-offenders, Trewartha's criminal history, and his previous breaches of court orders were also taken into account.
The offender was sentenced to a 27-month jail term backdated to February 24, 2022 when he was taken into custody.
The jail term was suspended on Thursday upon him entering a good behaviour order until that jail term ends on May 23.
"You have shown the court that you can lead a life without offending," Justice Baker said to Trewartha directly.
"You can do this if you accept the guidance of probation and parole and participate in the courses they can offer you... then I won't need to see you again."
Asked if he understood, Trewartha, who has an employment offer upon release, said: "Yes, I do, your honour."
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