An Alfredton woman who commissioned and encouraged two boys to bash a man she knew, causing serious injuries, has avoided an immediate term of imprisonment.
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After the bashing in the early hours of July 29, 2018, the young males dragged the unconscious victim from the Alfredton home and left him half-naked in the street.
He suffered serious injuries to his body, face and head.
Natalie Burt, 42, pleaded guilty to intentionally causing injury to the man. She was convicted and sentenced to a two-year community corrections order at the County Court in Melbourne this week.
Judge Paul Lacava told the mother-of-four the assault was clearly very serious.
"Although you were not physically involved in the fight itself the prosecution case against you is you agreed to the commission of the assault upon the victim by the two young males and that you assisted and encouraged it," Judge Lacava said.
"Although the victim suffered very serious injuries as a result of the assault of others upon him, the prosecution did not allege that you intended for such injuries to be caused. The assault upon the victim was clearly a very serious one."
The judge said in sentencing Burt, the court must have regard to general and specific deterrence, denunciation, the need to protect the public and the accused's prospects of rehabilitation.
He said he took into account Burt's early guilty plea - which entitled her to leniency - her voluntary drug and alcohol counselling, and remorse. Burt, who is on a disability support pension, had no prior convictions and had had a difficult life.
The court was told on the night of the bashing, people at Burt's house had been drinking alcohol and an argument started between the victim and the other young males before a physical fight started.
One of the boys was wearing steel capped boots during the assault.
The two boys, aged 15 and 16, were dealt with in a Children's Court. One of the boys pleaded not guilty on the basis of mental impairment, while the second boy pleaded guilty to assaulting the victim in company.
During a plea hearing in Ballarat in February, Burt's defence barrister said his client did intend for some injury to occur and she should be sentenced to a community corrections order with an emphasis on treatment, which the prosecution did not dispute.
Judge Lacava had described the bashing as an "ugly incident" with the group of people "all carrying on like a bunch of savages".
As part of Burt's CCO, she must complete 150 hours of unpaid community work, be supervised by Corrections Victoria and undergo treatment and programs for drugs and alcohol and programs to reduce re-offending.
The judge said if Burt did not plead guilty she would have received 18 months' imprisonment with a non-parole period of 12 months.
Intentionally causing injury carries a maximum penalty of 10 years' imprisonment.
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