A 69-year-old man was sentenced to 12 years and nine months in prison on Thursday after a sustained assault on his disabled partner that a judge found was a substantial cause of her death.
Robert Karl Huber was convicted over the January 3, 2023, attack on Lindy “Kimmy” Lucena, 64, in a courtyard behind a Salvation Army store in Ballina in New South Wales’ Northern Rivers region. Justice Stephen Rothman of the NSW Supreme Court found the beating — involving at least five blows and likely more — left Lucena almost unrecognisable and was a substantial contributing factor, together with coronary heart disease and a small amount of methadone, to her death.
Prosecutors told the court Huber and Lucena had become homeless after floods in 2022 and were staying in the courtyard when the attack occurred. Huber had consumed about half a bottle of gin and taken sedatives before the assault, the court heard. Lucena had suffered a stroke in 2021 and lived with cognitive and physical impairments that made her particularly vulnerable, a fact Justice Rothman said Huber was aware of.
Lucena’s daughter, who asked not to be identified, broke down in court as she described the aftermath and confronted Huber, calling him a “pure evil monster.” She told the court she barely recognised her mother’s body because of the extent of the injuries and said the loss had been “life-shattering.”
Huber had told a psychologist he struck Lucena twice during an argument and blamed himself for her death. The judge rejected that account as “palpably false,” citing medical and other evidence of at least five blows. Justice Rothman said Huber’s failure to accept responsibility for the extent of the injuries was not genuine.
The court heard Huber had a lengthy criminal history dating back to 1988 and had previously breached an apprehended domestic violence order taken out to protect Lucena. He had given her a black eye on Boxing Day 2022, the court was told. The judge accepted material about Huber’s troubled childhood and mental health when determining the sentence.
Huber was sentenced to 12 years and nine months in custody and will be eligible to apply for parole in October 2032. Justice Rothman noted the sentence reflected both the seriousness of the offending and the offender’s personal circumstances.
Police response to the incident has been questioned. NSW Police took almost an hour to locate the scene, and an officer who reached the area did not leave his vehicle to investigate, according to material referenced in court. NSW Police Minister Yasmin Catley told the Australian Broadcasting Corporation in July that it would be appropriate for a coroner to examine Lucena’s death and the police response. A spokesperson for the NSW Coroners Court said any decision on an inquest would be made public after criminal proceedings concluded.
Lucena did not die immediately of the assault, the judge said, but the injuries sustained were a substantial cause of death in combination with her pre-existing heart disease and methadone detected in her system. The sentencing clears the way for possible coronial examination of both the death and aspects of the emergency response.
Support services for people experiencing domestic violence include 1800 RESPECT (1800 737 732) and Lifeline (13 11 14).