A Illawarra teenager currently on bail but facing prison time over his role in a violent home invasion was allowed to virtually dial into the sentencing proceedings from the comfort of his own home, drawing the ire of the judge overseeing the case.
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Apparent restrictions on in-person access to Wollongong District Court due to the COVID-19 pandemic meant Matthew Sutton was not required to be present in the courthouse at the sentencing proceedings, defence lawyer Matthew Kwan told Acting Judge Paul Conlon on Friday after questions were raised about why the 18-year-old was absent from the courtroom.
Mr Kwan confirmed he'd spoken to his client on the phone, and that Sutton was dialling into the proceedings remotely from his address in Lake Illawarra, but said Sutton was unable to hear what was being said and could not interact with the courtroom.
Judge Conlon took issue with Sutton's absence, labelling it "too ridiculous to contemplate".
"It can't be when a person is going to be facing the possibility of a custodial sentence ... they're doing it from their own home, I mean that's just totally unsatisfactory," Judge Conlon said.
"He needs to be here."
While there are current restrictions in place limiting public attendance at courthouses, Judge Conlon said he had not heard of such conditions for offenders facing sentencing at court locations.
"We certainly haven't had that up at the Downing Centre where we're relying on accused persons awaiting sentence to [dial in] from their own home, that's too ridiculous to contemplate," he said.
Judge Conlon suggested at the very least, Sutton should be in the same room with his lawyer, however Mr Kwan claimed it was "outside of Legal Aid's business rules" to allow that to occur during the pandemic.
Judge Conlon adjourned the case to Tuesday and ordered that Sutton attend the courthouse in person.
Documents previously tendered in court reveal Sutton pleaded guilty in August to a charge of aggravated break and enter after admitting he accepted $400 as payment to video two teens bashing a man in front of his young children in April this year.
The incident was organised by the victim's neighbour, who recruited the trio with the promise of cash payment.
The court heard the two teens, aged 15 and 17, arrived at the house armed with a baseball bat and proceeded to bash the father after he opened the front door of the home.
The victim's children, ranging in age from 2 to 11, began crying and screaming.
Meanwhile, Sutton filmed the encounter on his phone before the trio eventually fled.
The victim was able to get up from the ground, lock his front door and check on his children, who were frightened but unhurt, before calling police.
CCTV cameras mounted outside the man's home clearly captured the faces of each of the offenders, police said.
Read more Illawarra court and crime stories here.
