Two men have fronted the Bendigo County Court for a further plea hearing following a vicious campsite attack that caused an older man to lose vision in one eye.
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Corey Ashenden, 26, and Waylon Wenske, 27, both faced court following their guilty pleas for a slew of violent offences committed on October 4, 2019.
"Regrettable situation from everyone's point of view," Judge Mark Gamble said.
"Justice needs to be done. And it will be."
Ashenden will be sentenced for affray, recklessly causing serious injury, intentionally causing injury, intentionally damaging property, theft of a motor vehicle, and possessing methylamphetamine.
His accomplice, Wenske will be sentenced for affray, recklessly cause injury, and intentionally cause injury.
Prosecutor Bruce Nibbs read Christopher Leach's victim impact statement aloud in court.
The court heard of the emotional toll the event had taken on Mr Leach.
He said he has not gone back to the campsite for fear of attack.
He said he and his family felt fear in their own home, withdrew and stopped socialising and had lost friends due to agoraphobia.
Mr Leach said for months following the attack he had nightmares of his children being killed in a crime and he harboured fears of reprisal from other unknown co-accused involved in the incident.
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The victim said he had been called a criminal and was denied support from police regarding safety fears and concerns he had raised, and as a result distrusts authorities like Victoria Police and the Office of Public Prosecutions (OPP). He said he wanted to move interstate as a result of his safety concerns.
The court heard Mr Leach takes antidepressants and melatonin.
Mr Leach also said in the statement the attack had a vast financial impact. His family business has lost two-thirds of its revenue due to missing work for psychology appointments and taking stress days. They had also installed security cameras.
The prosecutor said there were differences in the severity of offending by the accused men, with Wenske being the one to transport people back to the campsite.
Judge Gamble said Wenske said in his police interview that Ashenden had more enthusiasm to go back than he did.
"There may have been a difference in enthusiasm," Judge Gamble said.
Wenske's lawyer, Julien Lowy, said his client had difficulties at school and a psych report said he was "easily influenced by others," easily overwhelmed by too much complex information, and his decision making abilities were impacted.
A psych report said Wenske had features and symptoms of PTSD and ADHD, and he experienced anxiety and depression.
Judge Gamble said there was a "degree of uncertainty" about the report.
Mr Lowy said Wenske's issues and the unusual circumstances of that evening created a bad combination.
Judge Gamble said he was prepared to accept that Wenske wasn't feeling the best at the time and he couldn't say no to Ashenden wanting to go back and take the matter further.
The court heard there was history of drug use.
"There's been an extensive use of a wide variety of drugs," Judge Gamble said.
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"[His] cannabis use has decreased significantly," Mr Lowy said.
The lawyer said Wenske didn't use drugs the night of the offending.
Mr Lowy also read a character reference made by his partner which said Wenske looked after her when she was ill and dealing with mental health issues.
He said the character reference was evidence of Wenske's "good nature."
The court heard Ashenden's lawyer, Michael Turner, indicated he wanted to make an application on behalf of his client to vacate the plea hearing so it could to be heard in a Koori Court instead.
Judge Gamble said there was no Koori Court in Bendigo at present, and wouldn't be until November 2023.
The judge said it was unknown if Ashenden was even eligible for Koori Court or if he would be available to hear the matter at a later date.
Judge Gamble said parties would need to give evidence again in the instance of a Koori Court hearing which would be "upsetting" for them and the case had already been delayed.
After speaking to his client in private, Mr Turner said they did not wish to proceed with the application.
Mr Turner said Ashenden experienced difficulties in his upbringing.
The court heard Ashenden's prospects were good.
Judge Gamble said given his prospects of rehabilitation he could see why his lawyer was seeking a lower non parole period.
The matter was adjourned to Wednesday, November 16 for sentencing, with bail for both men extended to that date.
Judge Gamble said to Ashenden's lawyer that Ashenden needs to turns up to court next week, and on time so the matter can proceed otherwise there will be serious consequences.
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