A NEW Zealand national who was involved in two assaults at the Malmsbury Youth Justice Centre feared he could risk being deported unless his jail term was reduced, a court has been told.
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Jody Heke, 21, appeared in the Bendigo County Court on Tuesday to appeal his six-month jail term, handed down in the Bendigo Magistrates’ Court in June.
His appeal was successful, and he will be released from prison on September 26.
Heke was already serving a six-month sentence at Malmsbury for affray and criminal damage when he was involved in two incidents earlier this year.
The first, on April 7, was against a youth justice officer.
The court heard Heke was playing Playstation in the recreation area when he was twice told to keep the lights on, but refused.
Heke then told the officer he would “punch him out” while walking towards him. A “code black” was called, before Heke pushed the man in the upper chest and continued to approach.
Other officers arrived and the situation was diffused, but the officer reported he felt “incredibly angry and stressed” as Heke was much bigger than him.
The second incident was on May 24 and involved four other co-accused in the Malmsbury centre.
One co-accused was having an argument with the victim before he was put in a headlock and punched to the head.
Two others came over and assisted in the assault, kneeing the victim to the head and body.
Heke then joined in, punching the victim to the head. They continued to attack the victim while officers attempted to break up the assault.
The victim was taken to Bendigo Hospital with a fractured cheekbone, sinus bleeding and extensive swelling.
Heke was placed in adult custody, and was sentenced one month later to serve a further six months in jail.
Of the co-accused, one was sentenced to six months jail, two others were given 48 days jail, and another was given a 22-day concurrent jail term.
Heke’s defence counsel argued his sentence was more severe than the others, and argued for parity.
He said the six-month term in adult custody could mean he “may fail the character test” with the Immigration Department, which was yet to take issue with Heke’s youth custody.
“Immigration have not taken steps to cancel his visa as a result of the time spent in the youth justice centre,” he said.
Heke spent 104 days in adult custody since the second attack.
Judge Jane Patrick said Heke’s prospects of rehabilitation were not high, but a community corrections order remained the best way to address his offending.
“You’ve thrown your weight around a bit, but youth justice can only work if those in detention, particularly older men, do not get involved in violence,” she said.
Judge Patrick sentenced Heke to 104 days prison, already served, and removed the further six-month sentence. He is due to be released on September 26.