CONTENT WARNING: This article refers to graphic violence.
An attempted killer labelled as being “beyond redemption” after repeatedly stabbing and burning a woman has launched an appeal against his near-30 year jail sentence, arguing murderers have received less time in prison than him.
Late last year, Daryl Allan Robertson was convicted of attempted murder and sentenced to 27 years in jail with a non-parole period of 20 years.
On 28 September 2022, he stabbed a woman 11 times in her home, with one stab leaving a 10 cm-deep wound in her chest before she fled outside and screamed for help.
Over the next 10 minutes, Robertson set the spray from aerosol cans alight and used it to burn her across her body. When the first can ran out, he grabbed several others to continue the attack, then also burnt her with a burning rag.
Police arrived to hear the woman screaming in pain. She had burns to 21 per cent of her body and needed life-saving treatment at hospital.
She died earlier this year after Robertson was sentenced.
On Tuesday (20 August), Robertson represented himself in the ACT Court of Appeal when launching his appeal.
“I’m only appealling the severity of the sentence, your honour, that was all,” the 54-year-old said.
“There’s murderers in the AMC [Alexander Maconochie Centre] at the moment, your honour, who got a lesser sentence than myself.
“I’m a bit of a laughing stock at the moment with the sentence that I’ve got. I find it a bit harsh myself, your honour, that’s all.”
He wanted to be released from prison before his 82-year-old father died.
“Legal Aid won’t represent me for some reason,” Robertson said.
“If you can’t do any good today, we’ll see what happens.”
Prosecutor Katie McCann argued his total sentence was proper, given the severity and nature of his crime.
She said he pleaded guilty to attempted murder after case conferencing.
Robertson said he didn’t have any comments to make in response to her arguments.
Justice David Mossop said the three-judge Court of Appeal would hand down its decision at a date to be set in the future.
During Robertson’s sentencing hearing last year, his victim appeared in the Supreme Court over audio-visual link with visible scars on her body.
“I want to be here in court so you can see what he has done to me, so you can see my burns,” she wrote in a statement read to the court.
“When I think about what Daryl did to me, I feel scared. I’m still scared of Daryl and what he might do to me next.
“I feel like I’m burning, even when I’m cold.”
When Chief Justice Lucy McCallum sentenced Robertson, she said if not for his guilty plea, she would have imposed life imprisonment.
She accepted the prosecution’s submission that he may be seen as “beyond redemption”.
With time served, Robertson is currently eligible for parole in December 2042, when he will be 72.
If you or someone you know needs help, you can contact:
Lifeline’s 24-hour crisis support line – 13 11 14
Suicide Call Back Service – 1300 659 467
Kids Helpline – 1800 551 800
MensLine Australia – 1300 789 978
1800RESPECT is the national domestic and sexual violence support service – 1800 737 732.
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