Dozy motorcycle crim loses appeal
A JUDGE has rejected an appeal from a drug- addicted career criminal who claimed a prison sentence imposed on him was excessive.
Jordan Cole Annas was sentenced to three years after he was found asleep on a motorcycle he was trying to steal during a burglary on February 22, 2018.
He was convicted on his own guilty pleas but appealed his punishment claiming it was “manifestly excessive”.
Judge John Coker heard submissions from Annas in Townsville District Court on November 28.
Appearing for himself, Annas claimed he was “spiked” with the date rape drug and wouldn’t have committed the offence if not for the effect of the drug. He also claimed the owner of the motorcycle owed him money.
In his judgment, Judge Coker referred to the original sentencing schedule placed before Magistrate Peter Smid which stated Annas had consumed pharmaceutical drugs which he had taken from the kitchen of the house he had burgled.
“The schedule then goes on to note that ( Annas) removed a motorcycle from a shed at the rear of the property and moved it on to the driveway where he attempted to start it a number of times,” Judge Coker stated in his judgment.
“However the apparent influence of drugs – however they may have come to be in ( Annas’) system – meant he fell asleep on the motorcycle in the process of trying to kick start it.
“About 14 hours later … the victim returned home and located ( Annas) in the driveway of his residence, still asleep on the motorcycle.”
Judge Coker noted no concept of “spiking” was raised when the matter was before Magistrate Smid.
In written submissions to the court, Annas claimed his grounds for appeal were that he had only been sentenced in relation to two offences at the same location but on previous occasions ( and there had been many) he had been sentenced for multiple offences and had not had such a significant penalty imposed.
He claimed he “may have warranted either some type of punishment like a lesser sentence or suspended sentence”.
Judge Coker said Magistrate Smid’s sentencing approach was understandable given the fact Annas was a recidivist property offender with 11 pages of relevant criminal history.
He said it was clear there had been no error of law and the sentence was not in any way excessive.
The appeal was dismissed.