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Thursday, June 30, 2011

Man jailed for killing gay housemate

Aaron James Johnstone, 29, said he lost control after his drunk housemate Phillip Higgins, 46, propositioned him in September 2006.

He told police he kicked and punched Mr Higgins before dropping the platypus statue on him. He also struck him with a chair.

Johnstone was today sentenced to 18 years' jail with a minimum term of 14 years at the Victorian Supreme Court.

Justice Robert Osborn described the injuries suffered by Mr Higgins, which included six broken ribs and a battered face, as horrific.

He said Johnstone moved into the rented flat of Mr Higgins and was his friend for some years.

"Your attack was a savage betrayal of his trust and generosity," Justice Osborn said.

He said that even if Mr Higgins made advances towards his friend, his reaction was outside of what an ordinary person would do.

"I do not accept that even if Mr Higgins had made homosexual advances to you in the terms you now assert, the ordinary person might be so provoked to totally lose control and do what you did.

Justice Osborn said Mr Higgins' injuries, which included six broken ribs and a battered face, were horrific.

The court heard Johnstone moved into the rented flat of Mr Higgins and was his friend for some years.

"Your attack was a savage betrayal of his trust and generosity," Justice Osborn said.

The judge said he took into account that Johnstone was affected by alcohol at the time of the bashing, his conduct was followed by some degree of remorse and he was relatively co-operative with police.

Justice Osborn said Mr Higgins, a disability pensioner, was described to the court as having a kindly and generous nature and his bloody and violent death had a deep impact on his family.

"Phillip Higgins' family has lost a dearly loved member in circumstances which will leave them with a permanent sense of overwhelming hurt and loss," he said.

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