Dozy mo­tor­cy­cle crim loses ap­peal

Townsville Bulletin - - NEWS - SAM BIDEY

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.

Jor­dan Cole An­nas.

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