April 26, 2013

Burglary alleged to be attack on drug dealer

By David Clarkson. A bizarre burglary in which the householder was threatened with being set alight has finally been explained as an alleged confrontation with a drug dealer.

The incident took place in Christchurch on March 16, 2012, when the 54-year-old victim woke in his flat above some commercial premises to the sound of breaking glass.

He confronted the intruders but one of them threw liquid over him and held up a lighter while threatening to set him on fire.

In the struggle that followed, a softball bat was taken from the victim and then broken over his head, and he had a fire extinguisher sprayed in his face. A claw hammer was then used to hit him in the head.

The two intruders ? Michael Geoffrey Linn, 40, and Eli Benson Fox, 33 ? then left with the extinguisher and with the man?s wallet containing $500 cash and other items.

The victim was taken to hospital with extensive bruising and needing stitches for cuts on his head.

It emerged at the burglars? sentencing that Linn claimed he had found that his partner was taking drugs and had decided to confront the alleged supplier. He had been on the methadone programme himself for two years because of his addiction to opiates.

According to his defence counsel, Michael Starling, Fox has been diagnosed with a chronic psychotic disorder with delusions that may be secondary to methamphetamine use. He has been living in supported care since about 2008.

Counsel Serina Bailey said there had been some initial delays in Linn?s case after his arrest, which may have resulted from his drug use, and from a suicide attempt that put him in hospital. His initial court appearance was in a ward at Christchurch Hospital.

At the pair?s sentencing in the Christchurch District Court, Judge Gary MacAskill noted that Fox had served jail sentences, including one for intentionally injuring someone. Fox suffered from schizophrenia which was controlled by anti-psychotic medication.

Linn had four convictions for burglary and a robbery, for which he served four years? jail.

The judge said neither suffered from mental or physical illness that mitigated their offending.

?Counsel for both of you have referred to your drug and health issues and your willingness to undergo rehabilitation.?

The pair had pleaded guilty to charges of armed burglary, and intentionally injuring the victim.

Judge MacAskill increased their sentences for their previous offending, but reduced the prison term for their guilty pleas, and jailed both of them for six years six months.