Timothy Michael Powell, a 42-year-old from Queanbeyan, is being sentenced by the ACT Supreme Court. Photo: Albert McKnight.
A violent home invasion in which a mother and her toddler were assaulted was an example of “criminals meting out their own punishment”, a court has heard.
Timothy Michael Powell didn’t assault the woman and child but was brought before the ACT Supreme Court for sentencing on Tuesday (1 July) over the incident as well as a burglary more than a decade ago.
In October 2014, Powell and a co-offender went into the garage of a home in Pialligo where they stole a single-barrelled shotgun, ammunition and a ute.
The ute was recovered two months later, but the shotgun was never found.
Last year, Powell’s co-offender in the home invasion learned their victim had been selling some of the co-offender’s belongings. The victim placed other items out the front of her home in north Canberra for the co-offender to collect.
On 2 April 2023, Powell, on parole at the time, and his co-offender went to the victim’s home. The co-offender began banging on the victim’s door and yelling phrases such as “I want my s–t”.
The victim, who was home with her one-year-old child, called Triple Zero while the invaders went around the back where Powell used a small axe to break through the door.
The co-offender struck out at the victim while she was holding her crying child in her arms, leaving the victim with a split lip and the child with bruises.
The victim locked herself and her child in the bathroom while the co-offender tried to kick her way inside. The home invaders then fled with the victim’s wallet and $150 cash.
Powell, a 42-year-old from Queanbeyan, pleaded guilty to charges of burglary and burglary by joint commission before facing the court for sentencing to begin on Tuesday.
Prosecutor James Melloy said the home invasion was “an example of vigilante action and of criminals meting out their own punishment”.
He said while Powell didn’t inflict the violence on the mother and child, he was to be sentenced as being a party of an agreement to commit the offence.
Mr Melloy said Powell had a lengthy criminal history, spent part of his adult life in custody and the offence was consistent with having a drug addiction.
While the defence asked for Powell to be sentenced to a Drug and Alcohol Treatment Order (DATO), the prosecutor opposed this course.
Defence lawyer Sam Lynch from the Aboriginal Legal Service said his client had already served an exorbitant period on remand of more than 400 days.
He said his client had been found suitable for a DATO, had housing and could go into a rehabilitation program.
Mr Lynch said Powell had used drugs for about 30 years and it was “not just something someone can switch off”.
“A person is never going to change with such an addiction if steps are not taken to address it,” he said.
Acting Justice Rebecca Christensen SC said she would hand down her sentence on 7 July.
“Love you,” Powell told a woman in the courtroom’s gallery before he was led back to jail.
The co-offender from the 2014 incident was sentenced to 31 months’ jail over his role, but is not named. He has since died.
The co-offender in the 2024 home invasion and burglary is not named.
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