A CONVICTED criminal has won his appeal of a sentence imposed by a Maryborough magistrate, shortening his time behind bars by more than a month.
A Maryborough man has successfully appealed a nine-month sentence imposed by the magistrate for a receiving tainted property offence, after claiming it was "manifestly excessive".
On October 13, 2016, the defendant appeared before the District Court at Maryborough, where he pleaded guilty to drug charges, and was sentenced to serve two years' imprisonment with a parole release date set for October 18, 2016.
On October 25, 2016, the Maryborough magistrate sentenced the man for other charges again including unlawful possession of stolen property.
The magistrate made specific mention of the previous convictions that the appellant had for receiving tainted property, and the man was ordered to serve another nine months on top of his two-year sentence.
He appeared before a Maryborough magistrate yet again on November 21, 2016, where he was sentenced in relation to two offences of possessing things used in the commission of a crime.
The magistrate sentenced him to further imprisonment, making his total sentence two years and nine months, with a parole release date set for January 18, 2017.
The appeal was heard in Maryborough District Court, where Judge Ian Dearden granted the appeal after ruling that the magistrate had failed to appreciate that a second police search of the man's home on September 5, 2016, located tainted property that might have been located during the police search which took place in April that year.
This resulted in an increase to the man's sentence which might not otherwise have occurred.
The man was released on parole on the day of the appeal on December 8.