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Men jailed over vicious robbery, murder

AAP logoAAP 16/12/2016 Toby Mann

No sentence could lessen the grief of the family of an elderly Sydney man who was savagely bashed and robbed by two men in a home invasion, a judge has said in jailing the pair.

William Rodney Swan, 34, and Thompson Kimura, 53, broke into the home of Alexander Kormilets in the early hours of April 15, 201,3 and bashed and robbed the 77-year-old.

It left him with severe injuries including bleeding and bruising on the brain, facial, sternum and rib fractures and renal laceration, from which he died about eight months later.

"No sentence that I might impose could adequately reflect the loss of a dear father and grandfather and no sentence could possibly assuage the grief of those who were close to him," NSW Supreme Court Justice Natalie Adams said on Friday.

"The court extends its sincere condolences to the family and friends of Alexander Kormilets," she said.

Swan has been sentenced to 19-and-a-half years jail, while Kimura will spend at least 17 years behind bars.

"They just punched me on to the bed and punched me to my head and my chest and took my wallet and television," Mr Kormilets told police, who arrived at his home seven minutes after the two murderers were captured on CCTV leaving at about 1.58am.

The pair had been staying on the couch of another man's unit, which was in the same building as Mr Kormilets, and were arrested together on the morning of April 16, 2013, as they went to leave.

"Mr Kormilets' television was found in the lounge room and Mr Kormilets' wallet was found concealed in the lounge room," Justice Adams said.

Swan was also carrying a bag in which he had stashed a bottle of Chivas Regal and a bottle of Johnnie Walker, both of which had been stolen from Mr Kormilets.

During a subsequent investigation, Kimura's fingerprints were found on the doorframe of Mr Kormilets' unit and the 77-year-old's DNA was located on shorts and shoes Swan wore during the brutal assault and robbery.

Evidence was only capable of proving Swan had assaulted Mr Kormilets, but Justice Adams found "both offenders are equally liable for the actions of the other in the context of the joint criminal enterprise on the basis of which they have been convicted."

"This was a serious offence of murder," she said.

"An elderly man was assaulted severely in his own home by these two offenders for no other motive than to assault him and rob him of his belongings. His home was ransacked."

Swan was handed a maximum 26 years and six months sentence and will first be eligible for release on April 16, 2033.

Kimura can apply for parole from April 16, 2030, and is facing a maximum sentence of 23 years.

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