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The Canberra Times
The Canberra Times
Hannah Neale

Burglars assault concerned neighbour with sword after break-in

A burglar has been found guilty of his part in assaulting a concerned neighbour with a sword, after breaking into a home over a $150 debt.

The dressing gown-clad victim had gone outside to investigate with a torch after hearing noise, before he was attacked.

Jaiden Ashton Higgins faced the ACT Supreme Court on Thursday, when he was found guilty of assault occasioning actual bodily harm by joint commission.

He had previously pleaded guilty to aggravated burglary and property damage.

Acting Justice Peter Berman found Higgins guilty after a judge-alone trial last month.

"There is no dispute that the neighbour suffered actual bodily harm as a result of being struck by the unknown man. The only issue is whether the accused is criminally responsible for that action," Justice Berman said.

Agreed facts, tendered to the court as part of the trial, state Higgins and an unknown man broke into a home in June 2022 in response to a $150 debt.

A still from CCTV showing an unknown man attack a neighbour with a sword after a burglary. Picture supplied

CCTV footage shows the two men arriving on a moped with Higgins wearing a helmet and a hood over the head of the unknown man.

Higgins was armed with a knife, described as similar to a steak knife, while the other male had a sword.

When Higgins and the other man started banging on the front door of the home, a woman inside grabbed her daughter and left through the back door.

She ran to her car parked in the driveway, sat inside with her child, locked the doors, and called triple-0.

The two males broke down the front door and entered the home.

While in the house the unknown man injured a female pit bull and Staffordshire bull terrier cross, named Nala, with the sword.

The dog suffered injuries to its upper lip and left shoulder.

At this time, a neighbour came outside after hearing the noise.

in CCTV footage played to the court, the neighbour can be seen wearing a dressing gown and shining a torch at the burglars.

The concerned resident told the men to "go away".

Jaiden Ashton Higgins, who was found guilty this week. Picture Facebook

Higgins and the other offender started to run away, but the unknown man changed his course, approached the neighbour and struck him with the sword.

The victim then started running towards his front door, the sword-wielding burglar in pursuit.

The unknown burglar then struck him multiple times.

This victim suffered a large cut to his left hand, caused when he tried to protect himself.

The two burglars then sped away on the moped.

"Mr Higgins was aware of a substantial risk that the unknown man would assault someone who observed them committing a serious crime and who had just shone a torch at them," Justice Berman said on Thursday.

"Very few burglars would be unconcerned at being observed as they run from the premises they have just broken into.

"The accused must have been aware that there was a substantial risk that in getting away from the premises the unknown male would inflict actual bodily harm on someone in order to make good their escape."

Higgins was remanded to custody and is set to be sentenced in December.

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