Australia: Only 27 months for brutal home invasion

John Leonard Knott's "senseless, horrific and violent" crime sparked such outrage that 100,000 people signed a petition demanding tougher laws for home invasions. Knott yesterday faced a maximum sentence of life in jail for his hammer-wielding, seven-hour assault on Mt Osmond couple Grant and Jill Hall. But he grinned and smiled as he was sentenced to a 27-month non-parole period by District Court Judge Marie Shaw, who said she was "entitled to be merciful" to Knott because he had rehabilitated himself.

The sentence has shocked Knott's victims and led to calls for an immediate inquiry. "We're exceptionally disappointed and absolutely devastated," Mr Hall said outside court. "I can't forgive him, certainly not when I saw the grin on his face." Mrs Hall said: "I saw no remorse, I saw no expression except delight when he was sentenced".

Last night, the State Government and Opposition demanded an urgent report - and possible appeal - from the Office of the Director of Public Prosecutions. And, in his first public statement, the state's newly appointed Victims' Rights Commissioner, Michael O'Connell, asked for an explanation. "I am anxious to find out - given how horrific these offences were and the effect it's had on the victims - how the judge has been able to justify her penalty," he said. Knott, 58, broke into the Halls' Mt Osmond home in November, 1998 and, over seven hours, tied them up, robbed them and bashed them with a hammer. Both suffered fractured skulls and Mrs Hall's arm was broken in two places.

His attack sparked widespread community protest, led by pensioner Ivy Skowronski. She collected 100,000 signatures calling for tougher home invasion laws - legislation brought in by Premier Mike Rann upon his election in 2002. Speaking from India last night, Mr Rann said he was "extremely disappointed" at the sentence. "Although the sentence is based on the law as it was before Ivy changed it, in my opinion it is too low," he said. "Owing to the work of Ivy and changes to the law, sentences for home invasion in the future should more closely reflect the current law and public expectations." He said he was surprised Knott had "received such a lenient sentence" with "less than half" served in jail. "I am concerned the sentence may send the wrong message to violent criminals," he said.

Attorney-General Michael Atkinson ordered the Office of the DPP to conduct an immediate inquiry. "He has asked for an oral report tonight from the DPP as to whether there are grounds to appeal the sentence as being manifestly inadequate," a spokesman said. Having given Mr Atkinson a preliminary briefing, the DPP will now draft a formal report.

Knott was not caught by police until DNA evidence linked him to the crime in 2002. He was arrested in Loxton. In sentencing, Judge Shaw yesterday said she would have imposed an 11-year jail term, had she dealt with Knott in 1998. Instead, she jailed him for six years and three months. "Without warning, you suddenly struck Mr and Mrs Hall to their heads and upper body with a hammer whilst they were lying on the floor helpless," she said. "I can only conclude that each of Mr and Mrs Hall must have drawn upon enormous inner strength and courage in order to appear coherent and to survive this horrific ordeal."

She said Knott had been "drowning" himself in alcohol and had no memory of the crime. "During this period, you committed these senseless, horrific and violent offences," she said. Knott had been jailed for subsequent offences, then gave up drinking and become "a good father and member of the community". Judge Shaw said the two-year, three-month non-parole period was to "assist his rehabilitation". "I'm entitled to be merciful toward you in the fixing of the non-parole period," she said.

Outside court, Mrs Skowronski's daughter-in-law, Sandy, said the campaigner "would have been appalled". "I think it's a good thing she's not here, though she'll be turning in her grave," she said. Opposition Leader Iain Evans said the sentence was inadequate "on the face of it", and an appeal should be lodged urgently. Independent MLC Nick Xenophon called on the State Government to support his victims' advocate legislation "without delay". "What sort of a message does this send to victims and perpetrators alike?" he said.

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