HELPING assist Maryborough man Jesse Willis dispose of the body of the man he murdered has cost Stuart Hutchison the next 21 months of his life.
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Pleading guilty to attempting to pervert the course of justice, Justice Robert Osborn sentenced the 32-year-old Avoca man to a 21-month jail term followed by a two-year community corrections order in a Supreme Court Sitting in Ballarat on Wednesday.
In his sentence delivery, Justice Osborn recalled Hutchison telling police he couldn’t remember seeing Ricky Lee Ganly’s body in the car before it was dumped in a flooded Avoca mine around April 28 of 2013 and said “I doubt your recollection is as bad as you say it is.”
“I’m satisfied you assisted Mr Willis, knowing he had committed deliberate and unlawful killing, and you gave substantial assistance to dispose of Mr Ganly’s body,” Justice Osborn said.
“You were present at the home of Richard Peters when Mr Willis came to the house and told you that he was being stood over ... and was planning to ‘knock’ the man. He came back several hours later and told you that he had killed the man who had been standing over him and that he needed help to dispose of the body.”
Talking about Hutchison’s drug use, Justice Osborn said he conceded it was “probable” Hutchison’s “thinking was affected” at the time of the murder due to drug use.
“You have had a life marked by sustained and self-destructive drug use,” he said.
“It is apparent your offending occurred in the context of heavy ongoing drug use.”
Justice Osborn went on to tell Hutchison he doubted any ability of rehabilitation unless he learnt to control his drug use. In sentencing Hutchison, Justice Osborn said he also took into consideration the fact Hutchison did not give “devastating” evidence against Willis during his trial, but said if he had not pleaded guilty he would be facing a seven-year jail term.
Despite Hutchison’s defence counsel making a submission for a community corrections order, Justice Osborn said he believed a “joint penalty” will maximise Hutchison’s chances of rehabilitation.
“The risk of reoffending is subject to drug use,” he said.
“It will be difficult for you to not return to heavy drug use … it is both in your interest and in the public’s interest you come through it. If you don’t comply … you will be going back in.”
Jesse Willis will be sentenced on Thursday.
