Convicted murderer is back in court again

David Braithwaite

CONVICTED Rosedale murderer Darian McMillan has been sentenced over breaching a community corrections order.

Appearing via video link at Sale Magistrates’ Court on Tuesday, McMillan was summoned for breaching the order in August, 2016.

McMillan’s defence lawyer John Sullivan argued the breach’s significance “in the overall scheme of things”, and presented a report from a clinical psychologist.

The court heard the psychologist found McMillan had insight into his own offending, and that the 39-year-old had reasonable rehabilitation prospects.

Mr Sullivan said McMillan had served more than 600 days in remand, with no adverse incidents, and that he would be aged at least 53 by the time he left prison.

In response, Magistrate Simon Garnett noted some compliance had been made, but not full compliance.

He also acknowledged McMillan’s significant term of imprisonment, as well as his prior history which stemmed back to 1996 and included threats, aggravated burglary, causing injury and using a carriage service to menace.

Magistrate Garnett sentenced McMillan to serve nine months, to be served concurrently during his existing murder sentence of 19 years behind bars with 16 years non-parole.

Immediately following the sentencing, murder victim Brett Thomas’ distraught step-father Tom Wykes yelled “get back in your cage, you dog”, before McMillan’s video link was cut and Mr Wykes was ejected from the court room.

In September last year, McMillan was found guilty of murdering his friend, Rosedale father of two Brett Thomas in a frenzied attack in Rosedale, ramming Mr Thomas’ head into the road up to six times and leaving him with fatal injuries on February 28, 2017.

The murder victim’s devastated family has expressed disappointment at McMillan’s sentence and shock at his criminal history.

One family member said repeated failures in the justice system had led to the death of Mr Thomas.