Sentences for violent robbery

A CANADIAN student was robbed by three men, put in a chokeworld, beaten and told if he didn’t hand over his property his face would be carved with a knife.

But the defence counsel for one of the men claimed the robbery was actually a drug deal gone wrong.

Antony John Viney, Nathan Simpson and a man who has since died robbed the victim as he was walking in Varsity Lakes in February last year.

The dead man began the assault by putting the victim in a chokehold.

Viney punched the student to the head and body as he was on the ground.

The court was told the victim struggled until Simpson pulled out a small knife and threatened to “carve” his face unless he handed over his property.

The men took his wallet and keys to his unit and his phone. The student, who has now returned to Canada, suffered serious injuries.

Both men pleaded guilty to robbery with actual violence armed in company.

But in a surprising twist, not detailed in the police facts, Viney’s defence barrister Sarah Thompson claimed in court the robbery was a drug deal gone wrong.

The court was told part of the product, allegedly taken in the robbery, caused both Viney and the third man to overdose.

The court was told that overdose killed the third man.

Ms Thompson said the drug was thought to be Xanax, but likely something else given its reaction.

Simpson’s defence barrister Marty Longhurst described Simpson’s time in custody as a “circuit breaker”.

Judge John Kent QC described the attack as a group offence on a vulnerable victim.

Simpson has spent 12 months in custody.

Mr Kent said Ms Thompson’s claims would not impact Viney’s sentence.

Both men were sentenced to three years prison with immediate parole.