NSW: Man jailed for hammer attack killling after provocation

AAP General News (Australia)
04-18-2008
NSW: Man jailed for hammer attack killling after provocation

Eds: reissuing to clarify what Mitchell told psychiatrist and what he told psychologist



By Margaret Scheikowski

SYDNEY, April 18 AAP - A Sydney man who used a hammer to bash to death an elderly war
veteran he claimed had sexually assaulted him has been jailed for at least five years
and three months.

Beau Steven Mitchell, 24, had pleaded guilty in the NSW Supreme Court to the manslaughter
of 73-year-old Lindsay Martin and to arson on the grounds of provocation.

The court heard Mitchell told a psychiatrist he attacked Mr Martin after waking from
an intoxicated sleep to find himself in a state of undress.

In setting a maximum term of nine years, Justice Roderick Howie today noted Mitchell
told a psychologist he awoke to find Mr Martin fellating him.

"This claim is supported by the fact that the deceased was fully clothed but with his
false teeth in his pocket," the judge said.

Mr Martin, a returned serviceman, died from extensive head injuries inflicted with
a hammer in the early hours of November 16, 2005, at his unit in Gymea, in Sydney's south.

The judge said the retiree lived alone.

"He both assisted and associated with young persons in the area in which he resided," he said.

"On occasions, he would befriend young men and invite them to his home where they were
able to consume alcohol.

"The offender was one such person. The offender had expressed to others that the deceased
was a pedophile to his actual knowledge."

On November 15, 2005, both men had been drinking and returned to Mr Martin's unit.

About 1.30am, Mitchell had struck Mr Martin "a number of times to the head with the
hammer," Justice Howie said.

He noted what Mitchell told the psychiatrists, adding that when he gave evidence the
offender said he now recalled being sexually assaulted by the older man.

The judge referred to Mitchell's long history of drug and alcohol abuse, as well as
self-harm, and to his mental health problems.

Mitchell also had a criminal history and had been given many chances to rehabilitate
himself over the years.

Father Chris Riley, founder of Youth Off the Streets charity, gave evidence of trying
to help Mitchell, describing him as a "role model" when not consuming alcohol.

"... The offender has had many chances to reform and was provided with the extraordinary
generosity and concern of Father Riley resulting in the opportunity to find assistance
from a practitioner in the United States," the judge said.

"I accept that he is remorseful, not only for the death of a person to whom he had
shown kindness on occasions, but also for again allowing alcohol to affect his behaviour."

AAP mss/hn/jt/cdh

KEYWORD: MITCHELL NIGHTLEAD (REISSUING)

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