No ap­peal for tor­ture sen­tence

Weekend Gold Coast Bulletin - - NEWS -

A QUEENS­LAND drug dealer who tor­tured a man for 36 hours over a debt has been de­nied an ap­peal of his sev­enyear jail sen­tence.

Mel­chor Res­tauro Gar­cia kid­napped two men after they did not hand over guns in pay­ment for drugs, tak­ing them to mul­ti­ple lo­ca­tions around Cairns in Fe­bru­ary 2017.

He beat and stabbed one of them mul­ti­ple times, also twice chok­ing him with a noose when he would only avoid be­ing hung by stand­ing on his toes. The vic­tim was also de­nied food and wa­ter, hooded and locked in a car boot as he begged Gar­cia for his life, while the other man was forced to watch the tor­ture.

The or­deal ended when the man was forced to swal­low pills, caus­ing him to be­come drowsy but able to un­tie him­self.

Gar­cia has been forced to serve 80 per cent of his sen­tence after plead­ing guilty to tor­ture and kid­nap­ping charges in Cairns Supreme Court in Au­gust last year.

But he sought to ap­peal his pun­ish­ment claim­ing it was ex­ces­sive given his vic­tim suf­fered no per­ma­nent in­jury.

His ap­pli­ca­tion was re­jected after Bris­bane ap­peal court judge David Bod­dice ruled the orig­i­nal sen­tence had taken into ac­count his drug ad­dic­tion, lack of crim­i­nal his­tory and early plea.

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