PHOTO
Roger James Kilby has been convicted and jailed for at least 12 years for the murder of a Peak Hill man in his home in 2023.
The 40-year-old came before Justice Dina Yehia for sentencing in the Supreme Court in Orange on 14 July, after pleading guilty to murdering Andrew John Anthoney by violently assaulting him in his own home in Boori Street, Peak Hill on 11 or 12 March, 2023.
He handed himself into police the following day, or the same day, and was charged with murder.
In her written judgement presented to the court, as published on caselaw.nsw.gov.au, Justice Yehia sentenced Kilby to a non-parole period of 12 years and six months’ imprisonment.
He was given an additional five years and six months, bringing the total term to 18 years’ imprisonment.
But with a 25 per cent reduction on his sentence for a plea of guilty at the first opportunity and having been in custody for two years already, Kilby will be eligible for parole from September 2035.
Anthoney, who was aged 57, has been described as a son, brother, cousin, uncle, nephew and friend.
"In matters such as this, judges are asked to perform an impossible equation," Justice Yehia said in her judgement.
"No human life can ever be equated with any penalty, including a period of imprisonment. No gaol term, of any length, can return a loved one.
"The experience has been a shattering one for those left behind.
"The sentence I impose does not, and cannot, measure the value of Mr Anthoney’s life.
"The offender will have to live with the burden of the consequences of his actions for the rest of his life. In many ways, that burden, far more than imprisonment, will be the offender’s punishment."
According to court documents tendered and presented in Justice Yehia's written judgement, Kilby - who grew up in Parkes and Peak Hill - had been drinking at a licensed premises in Peak Hill the night of the murder.
He left the venue at 10:36pm, likely intoxicated and affected by a prohibited drug, and walked to Anthoney’s home.
Justice Yehia said he intended to confront Anthoney about material he had seen on a mobile phone he allegedly stole from Anthoney's house days earlier.
"At that point in time, he did not intend to cause serious injury to the deceased. The Crown accepts that this is reasonably possible," Justice Yehia said.
A verbal argument took place between Kilby and Anthoney which escalated to a physical altercation, during which Kilby punched Anthoney multiple times and stomped on him at least once, the documents read, leaving Anthoney unconscious.
A post-mortem examination revealed Anthoney suffered extensive bruising, abrasions and lacerations to the head, face, neck and torso, and fractures of the face and jaw.
Anthoney's housemate returned home about 11am on 12 March, 2023 and found him on the floor. He called Triple Zero.
Justice Yehia described the offence as impulsive.
"The extent of the violence was, however, significant, involving multiple blows causing multiple injuries," she said.
"I have also taken into account, as an aggravating factor, that the offence was committed in the home of the deceased where he was entitled to feel safe and secure."
An expression of remorse in a letter from Kilby had also been tendered in the court, according to caselaw.nsw.gov.au, where Kilby "expressed great sorrow and regret for his actions and the impact it has had on the family and friends of [Anthoney]".





