![Kyle Joseph Butkovic, 30, walks to court on Monday for his sentencing. Picture by Hannah Neale
Kyle Joseph Butkovic, 30, walks to court on Monday for his sentencing. Picture by Hannah Neale](/images/transform/v1/crop/frm/DaHt57RjVSvtvCBUgFzTWj/7aac3d60-6f27-41d1-aa22-8204f6591d52.JPG/r0_23_1703_980_w1200_h678_fmax.jpg)
An armed robber involved in bashing a man over an alleged drug debt has been sentenced "absolutely at the most lenient end of the spectrum", a judge has said.
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Kyle Joseph Butkovic was on Monday sentenced to a mostly suspended jail term in the ACT Supreme Court, after previously pleading guilty to a charge of aggravated robbery.
The 30-year-old and four co-offenders, some armed with weapons, robbed a man in August 2021.
The court heard Jennifer Jane Hanson, one of the co-offenders, lured the victim to her Moncrieff house under "false pretences" to enforce an alleged drug debt.
After the victim arrived, Butkovic and three others - Jake John Trewartha, Omar Haddara, and an unidentified man - arrived at the house.
Trewartha was holding a baseball bat, Butkovic brandishing a boxcutter-style knife and the unidentified man wielding a machete. Hanson hid in her room.
The offenders then intimidated the victim and demanded he pay the outstanding debt.
Using his phone, the victim made two transfers, totalling $800, to Butkovic.
The victim was struck in the head with a bat when a third transfer was unsuccessful.
He then successfully transferred another $2515.
In total, the victim was struck three times to the head with the baseball bat and punched numerous times in the face.
The victim was told not to go to hospital or report the matter to police.
Justice David Mossop said the crime was "not sophisticated, but it was clearly planned with the victim having been lured".
"[The incident was] not brief and took time enough for the various transactions to be arranged," he said.
The judge found while Butkovic was in possession of an offensive weapon and had been the recipient of funds, he did not engage in actual violence.
The court heard Butkovic was now living in NSW and, as a result, sentencing options available to the ACT court were limited.
Justice Mossop said the offender was working as a tiler one or two days per week.
He said Butkovic had a history of illicit drug use and began selling drugs to friends when he was 21.
Butkovic then progressed to selling drugs to the wider community.
Justice Mossop said the 30-year-old's rehabilitation was a "very significant concern" for the court.
"A return to custody will see him reintroduced to the antisocial associates he has disassociated himself from," he said.
Prior to being released on bail, Butkovic spent 147 days remanded in custody.
Justice Mossop took this into account when he imposed a 30-month jail sentence, which was backdated to account for time already served.
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The judge suspended the rest of the sentence in favour of a good behaviour order with a probation condition.
"You've done your time in custody," Justice Mossop told Butkovic.
"I have given you a sentence that I consider to be absolutely at the most lenient end of the spectrum.
"If you get brought back to court ... I am likely to feel like I have no choice but to send you back to jail."
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