A series of "utterly stupid" decisions landed anti-feminist protester Andrew Nolch behind bars after he painted a giant penis on a murder victim's memorial.
And that's where he'll stay, Victoria's Court of Appeal has ruled.
Nolch initially avoided jail for spray painting a 25m penis at Princess Park in Carlton North, where Ms Dixon was killed in June 2018.
The 30-year-old should have thanked his lucky stars for the kindness of the sentencing magistrate who instead slapped him with 200 hours community work and and a $19,500 compensation order, Justice Mark Weinberg said on Thursday.
He appealed, and then after failing to comply - including travelling overseas twice and missing community work five times - he was jailed for two weeks and re-sentenced to five months jail for criminal damage.
That prison sentence was manifestly excessive and didn't take into account that he had largely complied with the court's orders, his lawyer Julien Lowy argued.
There was also new evidence too - a statement from Ms Dixon's father, claiming Nolch's jailing was "detrimental to (his) daughter's legacy", he said.
"His term of imprisonment offers me no relief but rather, further distress," Jeremy Dixon said, describing the giant phallus as "just graffiti on grass".
But Mr Dixon wasn't the only victim of Nolch's crimes, the appeal judges said.
Justice Philip Priest said Nolch "wasn't exactly racked with remorse" in the aftermath of what he'd done, telling police he wanted to annoy feminists and see his actions reported in the news.
"Pretty much I just thought it would be funny, like, 'memorial vandalised with giant dick'," Nolch had said.
Justice Priest said Nolch's intention had been to cause maximum offence, while Justice Weinberg added it was a crime against the community as a whole.
Few people would agree with what Nolch did and "a great number of people would view it with complete and entire disgust", Justice Weinberg said.
He said the 30-year-old should have "thanked his lucky stars" at the benevolence of the sentences handed down before this point.
He described Nolch's repeated decisions to appeal as "something I can only classify as utterly stupid".
While Mr Lowy agreed that it wasn't for Nolch to pick and choose which parts of the court order he could comply with, he should be given a second chance.
The judges found the penis painting sentence was "moderate".
Australian Associated Press