Aboriginal life expectancy a factor in murder sentence
A judge took age, health conditions and Aboriginal life expectancy into account when jailing a man who confessed to the horrific murder of a 72-year-old teenager in his home.
John Hunter was found dead by a friend at his home in Dimboola in Western Victoria on January 23, 2023, after three days of no contact.
Thomas Clarke, 57, who confessed to Mr Hunter’s murder, was sentenced to 24 years in prison with a non-parole period of 15 years in the High Court on Monday.
Clarke had been drinking when he went to Mr Hunter’s home on January 20 and demanded money.
Mr Hunter had been living there for less than six months and required an oxygen pump to assist breathing while being treated for lung disease.
Clarke entered the house and used a hammer to strike Mr Hunter over the head, killing him in the kitchen and dining room before his body was dragged into a spare bedroom.
Prosecutors said a box cutter was used to carve up Mr. Hunter’s body, gouging out his eyes and cutting off his penis and testicles.
His body was found covered with a rolled up curtain, with a box cutter wrapped around it and a T-shirt pulled over his head.
A jury trial in December acquitted Jodie Hill, who along with Clarke was accused of Mr Hunter’s murder.
He denied participating in the attack.
Judge Jane Dixon said in sentencing that Clarke, who had been diagnosed with a severe personality disorder, complex post-traumatic stress disorder and was in a psychotic-like state, may have mistakenly believed Mr Hunter was a pedophile.
He detailed his life of disadvantage, systemic discrimination and intergenerational trauma, and acknowledged that Wotjobaluk and the Gunditjmara man’s crime was unplanned.
“It appears that the main factors for offending include your personality disorder, intoxication and misconceptions about the victim, and your dynamics with Jodie Hill,” he said.
Although he acknowledged that his moral culpability was greatly diminished due to his mental state at the time, general deterrence still had a role to play given the brutality of his actions.
“I take into account the risk of you spending the rest of your life in prison because of your age, your health and the life expectancy of Aboriginal men,” he said.
Defense barrister Sharon Lacey SC had previously argued that Clarke’s crimes were not escalating but a slowly developing mental health crisis.
Forensic psychiatrist Rajan Darjee told the court at an earlier hearing that Clarke could manage his life well if he was stable and did not take substances.
But prosecutor Briana Goding had warned Judge Dixon about his prospects for rehabilitation, which he said depended on him staying away from alcohol and illegal drugs after his release.
Clarke was sentenced to more than three years in prison and could be released on parole in 2037.
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