Burglar Jarrod Frank ‘suffered enough’ watching mum die in court

A Victorian man who broke into a friend’s home demanding drugs and money at knifepoint has “suffered enough” after watching his mum die in court.

Jarrod Frank was sentenced to a nine month community correction order and time served for aggravated burglary with an offensive weapon, attempted theft and assault in the County Court of Victoria on Tuesday.

The 43-year-old man was spared extra jail time for the crime after seeing his mum die during his pre-sentence hearing in July this year.

“As the tragedy unfolded you were extremely distressed letting out harrowing cries of grief,” Judge Gerard Mullaly said in his sentence.

Kehry Frank was testifying about her son’s character in the court when she collapsed and couldn’t be revived during the hearing.

The burglar had a legitimate claim for clemency, Judge Mullaly said.

“The claim here is the gut wrenching, dreadful experience that you Mr Frank saw and endured and lived with since the court hearing on 6 July 2021,” he said.

He lived with extreme guilt over the death and the judge said “now is the time for mercy”.

The judge said the convicted burglar had suffered enough.

Frank was on bail when he kicked down an associate’s door and demanded drugs and cash in the middle of the day in January 2020.

He brandished a knife at the victim demanding the other man’s wallet and drugs before the victim punched him and then they both went in search of the wallet.

The farm worker was arrested sitting at the kitchen table of his victim and his lawyer described it as a “bizarre” incident after he relapsed back into drug use.

At the time of the burglary the Eppalock man was on bail for the alleged murder of Scott Bury at Bendigo after the pair got into an argument over ammunition used in Nazi guns.

But a judge found there was no case to answer because Frank acted in self-defence.

He has already spent 382 days behind bars and must abide by drug, alcohol and mental health conditions as part of his community corrections order.