A violent home invader who terrified two women that included forcing them to shower to remove evidence has been sent to a rehabilitation-focused court, rather than the Supreme Court, for potential sentencing.
A statement of facts tendered to the ACT Magistrates Court on Thursday reads that in the early hours of March 4, the two women were sleeping in an Ainslie residence when James Dudley March entered via an unlocked bathroom window.
Upon entering one of the women's bedroom, the 35-year-old March covered her mouth when she screamed for her housemate.
He refused to leave and forced the women into a bedroom before saying words to the effect of "I'm going to have to do this".
He then pulled the women's hair and forced their faces into a bed.
One of the women hit him in the groin and face but could not escape. She then saw her housemate's iPhone and yelled "hey Siri, call the police", but Siri failed to do so.
March then became more aggressive with one of the victims believing "she was about to be beaten, raped or murdered or all three", the facts state.
When March finally let go of his victims, he appeared to be panicked and stressed before apologising and told the women he had a gun down his pants.
He told the women he was part of a gang who had placed a hit on the house and that he was out to get revenge. However, he realised they were the wrong people.
He then forced the women to take showers because he had "done too much" and that his fingerprints were on them.
After the women showered, he left the premises before the incident was reported to police the next day.
The women suffered bruising and scratches, as well as hair being ripped out.
March appeared in court via audio-visual link on Thursday after pleading guilty to seven charges including burglary, assault and unlawfully confining a person.
Prosecutor Sam Bargwanna applied for the matter to be committed to the Supreme Court, saying the lower court "would not have adequate scope to sentence the matter".
Mr Bargwanna cited a previous Supreme Court sentencing of March for similar offending and the offender's criminal history.
Defence lawyer Jonathan Cooper argued for his client to be referred to the Galambany Circle Sentencing Court instead.
Chief Magistrate Lorraine Walker ruled in favour of the defence lawyer after saying she found herself "torn on the issue".
"It's a particularly difficult predicament," Ms Walker said.
She said the nature of the offending and the nature of March's criminal history meant the case could go to the higher court.
"I have to weigh that against the fact that by doing so, it excludes him from a culturally appropriate sentencing option of the Galambany Sentencing Circle Court," Ms Walker said.
"What I propose to do is to allow at least an assessment [by the Galambany Court] to take place."
Once the assessment is done, Ms Walker will determine how the case would progress.
We've made it a whole lot easier for you to have your say. Our new comment platform requires only one log-in to access articles and to join the discussion on The Canberra Times website. Find out how to register so you can enjoy civil, friendly and engaging discussions. See our moderation policy here.
