TWO perpetrators behind the brutal bashing of Wendouree man Michael Green have appealed for their jail sentences to be cut.
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Paul Andrew Arthars, 39 and Corey John Plater, 42, were jailed in Ballarat Magistrates Court for 10 years last June, with Judge Liz Gaynor labelling the attack brutal, cowardly and despicable.
Both men pleaded guilty to intentionally causing serious injury, while Arthars also pleaded guilty to trafficking cannabis and Plater to possessing cannabis.
Mr Green was attacked at his Norman Street home on October 4, 2008, in a bashing that left him with multiple fractures and brain damage.
Yesterday, the Supreme Court of Victoria’s Court of Appeal, sitting at Ballarat Law Courts, heard Mr Green had been left with “devastating injuries” and the lives of his family had changed dramatically forever.
Arthars appeared via video link, with Mr Green’s partner Jodie Campbell and supporters of the accused men also present to hear the lawyers’ oral submissions.
The court heard Arthars and Plater recruited a group of men who drove together to Mr Green’s house on the night in question armed with a martial arts bo-stick and a piece of wood.
At the house, Plater approached Mr Green and four men leapt out from behind a bush and attacked him.
Plater beat Mr Green with the bo-stick which sandwiched his head between the weapon and concrete and Arthars delivered a second blow with a piece of wood.
Plater’s counsel Jarrod Williams said more weight should be given to his client’s guilty plea, even though it came four years after the attack.
His client’s offending, he said, was a serious example of a serious crime.
But it should not fall within the “worst category” of the offence, as the attack was not “wholly unprovoked”, and occurred quickly, he said.
Arthars’ counsel Catherine Boston argued the sentence did not give sufficient weight to her client’s plea of guilty, the lengthy delay between the crime and trial, or to his background with mental health illness and schizophrenia.
She also argued a victim impact statement from Mr Green’s family members, that Plater had made hurtful claims to them shortly after the attack, should not have been considered in relation to Arthars.
The case was adjourned for further submissions to be made.