Neither Simon - who was at that point “spiralling” out of control on methamphetamine - nor his cohorts knew the victim, but the day before they set out on their mission Simon sent one a text saying he was “just tryna [sic] make some coin”.
The next morning, the text messages continued.
One of the associates texted Simon at 6am saying he had scored a hit and that they are “taking it all”.
Simon, armed with a modified sawn-off shotgun, was picked up a few hours later by the mates.
Arriving at the property, the trio forced their way through the locked gate before being disturbed by the victim’s barking dog.
The home’s occupant went out and spoke to the driver before he tried to take a photo of the vehicle.
As that happened, the driver attempted to reverse quickly into the man, before Simon pointed his shotgun at the victim and said: “Get down motherf*****”.
As Simon walked toward the man, who has name suppression, with the gun and two black cable ties, the victim - frightened he would be killed - tried to fight back.
Another passenger in the ute jumped out and smacked the victim over the head with a metal pipe before Simon hit him with the butt of the shotgun.
They bound his hands behind his back before Simon said: “I am going to kill you motherf*****”.
The attackers then dragged the victim by his arms into his house where Simon and an associate found a roll of clear box tape and wrapped it around the victim’s head, over the bridge of his nose and mouth, leaving him struggling to breathe.
He was punched repeatedly and hit again with the shotgun butt by Simon.
The victim was taken into a bedroom and one of the associates used a ski rope to hogtie the victim’s hands and legs together.
Simon and his associate then started dropping exercise equipment on him.
They left the victim there before making off with five weapons, ammunition, about $6000 cash, cannabis plants and tools.
However, before they left the property Simon returned with a roll of duct tape and a can of lighter fluid and repeatedly told the man he was going to burn him alive and burn his house down.
Simon then tightened the hogtie binds before leaving.
The victim eventually managed to wriggle free and went to a neighbouring property for help.
Later that same day, all of the stolen property was found after using the “find my phone” application on the man’s phone, which was also stolen.
The victim suffered numerous injuries including chipped teeth, a fractured eye socket, bruising, cuts, grazes, and recurring headaches and vomiting for some time after the attack.
‘His remorse is genuine’
Simon’s counsel, David Allan, told Judge Noel Cocurullo in the Hamilton District Court this week his client had hoped to take part in a restorative justice conference.
Simon had wanted to explain the methamphetamine spiral he was in at the time and that he would never be a threat to the man again.
Allan said the remorse was genuine and Simon had explored more of the issues he faced, identified in a section 27 cultural report - the contents of which were suppressed.
“We have a victim who is seriously traumatised but Mr Simon can show his ongoing remorse and contrition by continuing with his commitment to change now that he has opened up about the problems he had.”
Simon’s family was supportive and in court for his sentencing.
Allan submitted there were “real prospects of rehabilitation here... rather than someone on a complete reoffending path”.
He urged the judge not to hand down a minimum non-parole period, as advocated by Crown prosecutor Kaleb Whyte, and instead hand down discounts for a guilty plea, willingness to attend restorative justice, remorse, and section 27 report revelations.
Whyte said the “harrowing” attack was a “premeditated, cruel and prolonged and torturous event for the victim” which meant it fell into the appropriate criteria for a minimum period of imprisonment.
‘Your victim was sure he was going to die’
“Your victim, Mr Simon, thought he was sure he was going to die,” Judge Cocurullo told him.
“And when one reads the harrowing summary of facts that you pleaded guilty to one can only think that luck or something else bigger and fortunate was on his side that meant that he didn’t die.”
The judge said he would always be amazed at the “benevolence of victims after that ordeal saying, ‘I actually don’t hate the guys that did this to me’.”
Simon, in September last year, accepted a sentence indication with a start point of 12 years in jail and confirmation of a discount for his guilty plea.
The judge then had to decide whether to issue any further discounts, including for his section 27 report - a “very, very good and honest” letter from his mother - and willingness to attend restorative justice.
He ultimately agreed to further discounts but also found the offending was serious enough for a minimum jail time of 45 per cent.
On charges of aggravated burglary and kidnapping, Simon was jailed for seven years.
