THE son of a high-ranking Comanchero outlaw motorcycle gang member has successfully appealed the length of his prison sentence, after complaining his jail term was too onerous.
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The 33-year-old's prison term was slashed at the Bendigo County Court on Thursday from two-and-a-half years to 15 months, followed by community supervision.
Legal counsel Nicholas Rolfe said his client had been placed in protective custody because prison authorities feared he would be the target of reprisal attacks in the general population because of his father's notoriety.
The man is behind bars for family violence, theft and driving offences committed in 2020 and 2021. The most serious among the charges were for violent attacks on his wife.
Judge Kellie Blair said the man could expect to be released from prison in three months and begin an 18-month community corrections order, with compulsory mental health and drug abuse treatment courses and a men's behaviour change program.
"Domestic violence is just not on," she said. "You might feel like you are being pushed but you have to walk away."
Judge Blair said she believed the community would be best served by rehabilitating the man in the community rather than keeping him behind bars.
She said he deserved credit for pleading guilty to all charges and avoiding the need for a trial.
Judge Blair said she also took into account the difficulties the man had experienced in childhood and the hardship of his prison accommodation.
"A deprived upbringing impacts on the way a person matures and the way they (behave) in society," she said.
"It's not a get out of jail free card and that's something you would appreciate because you have served a fair bit of time.
"I also take into account your time in custody has been extremely difficult - in lock down conditions while in protection.
"You would have done your jail time very hard. You realise it's not just going in and doing time easy - it's getting much harder (in prison) and I don't think the effects of COVID-19 will be going away soon."
The man thanked Judge Blair via the video link from custody. "I want to say thank you. I have never had no Judge give me a chance," he said.
Judge Blair responded "don't let me down".
If you or someone you know is impacted by sexual assault, family or domestic violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au. In an emergency, call 000.
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