OZschwit 'justice': Out of jail, commits crimes, sentence reduced

A man who assaulted a householder and stole his car on the same day he got out of jail has successfully appealed to wipe nine months off his prison sentence.

Luke Justin Nolan, 25, was found guilty by a Brisbane District Court jury in September 2008 of assault occasioning bodily harm in company, burglary, and unlawful use of a motor vehicle.

The court heard that in February 2007, on the same day Nolan was released from prison for a previous offence, he and two other male co-offenders went to a house to allegedly seek repayment for a debt.

After gaining entry by smashing open the locked front door, Nolan then found the complainant and repeatedly punched him in the face.

He and his co-offenders then stole some jewellery and took the complainant's car as security for the debt.

He was sentenced to five years' imprisonment for the crimes.

However in a Court of Appeal judgement released yesterday, Justice Hugh Fraser said that even though the offences were committed on "the very day he was released from prison", five years was too high compared to similar cases cited in the court.

In reducing the sentence, Justice Fraser took into account the fact Nolan has spent nearly six months in pre-sentence custody and that he was unarmed.

Nolan's sentence was dropped to an overall imprisonment time of four years and three months.

LNK

OZschwit 'justice': Out of jail, commits crimes, sentence reduced

OZschwit 'justice': Out of jail, commits crimes, sentence reduced

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Via AnCaps: Law & Enforced Unnatural Order