Liam Casley to be resentenced for affray after brawl involving murdered tradie Cameron Smith

A young man who was instrumental in a fight that led to the murder of a Melbourne tradie is trying to avoid further jail time by improving his behaviour through counselling, a court has been told.

Liam Casley, 20, was sentenced in the Supreme Court of Victoria in August 2021 for affray after he kicked 26-year-old Cam Smith in the head as he bled to death while lying on the ground.

Moments before Casley kicked the dying man, Mr Smith had been stabbed by Casley’s friend, Jack Ledlin, near a beach in Seaford, southwest of Melbourne, in November 2020.

Ledlin was later found guilty of murder in September 2022.

Casley is not accused of involvement in Mr Smith’s murder but had during his sentencing admitted he kicked him alongside another co-accused, who cannot be named for legal reasons.

The group of young men had been verbally harassing Mr Smith and his friend, hurling abuse towards the pair before the fight broke out.

Casley was sentenced to an eight-month community corrections order after pleading guilty to affray for his role in the ensuing fight.

He had also served eight months in pre-sentence custody that was taken into account upon sentencing in August 2021.

He again faced Victoria’s Supreme Court on Monday to be resentenced after breaching the order in March 2022.

The court was told on Monday the order was set to expire in April 2022.

Casley was granted bail in September 2022 for separate offences – some of which do not breach the order – and immediately entered an alcohol and drug rehabilitation program organised by Uniting Care.

Team leader Kelly-Ann Faulkner, who is responsible for overseeing the Gippsland program where Casley attends, said on Monday the 20-year-old had been in the program for 39 days and was responding well.

Ms Faulkner said Casley had passed all his random urine screens and seemed to be abstaining from any substance abuse.

However, she said there had been times when Casley had become verbally abusive towards staff but was learning to manage his emotions.

“At times Liam can get upset, on those occasions Liam has had valid concerns, it could be around his medications or staff have promised (something) and then changed their minds,” Ms Faulkner said.

“He will come back to staff and apologise.”

Ms Faulkner said Casley had been responding well to the support he received through the program, which he will attend until January 2023.

“Liam had come up to me a few weeks and had advised he would like to do some volunteer work, it’s something he’s quite passionate about,” she said.

“He wants to start giving back to the community.

“I think Liam is definitely improving, the one positive for Liam is that he acknowledged he needs that support and that help.

“He’s advised us previously that he doesn’t like getting out of custody and going straight into the community … so this program helps him.”

The Director of Public Prosecutions prosecutor said Casley should be resentenced after breaching the original order.

“A CCO is a fairly serious implement with a punitive element which is tailor-made to a specific individual,” he said.

“The CCO makes quite clear it cannot be breached. What’s happened here is an opportunity that’s been given … and deemed appropriate by Justice Croucher (in the original sentencing) but we should give little faith after what's transpired over time.

“It’s on that basis that the ultimate final submission that a term of imprisonment and cancellation is appropriate.”

Justice John Champion adjourned the matter to November 4, 2022 for judgment.

He said he needed further time to consult the legislature about how to appropriately sentence Casley after the order had already expired.

“(There will be) no decision today but I will endeavour to do something about this most likely by next week,” Justice Champion said.

“I think I can indicate there will be a further CCO but (will assess) whether there needs to be any further imprisonment.

“For a 20-year-old man with the issues he’s got and the regression of events of a CCO … there are blips along the way.”

Casley remains on bail.