Melbourne, November 18: The jail sentences of the three youths, who were accused of attacking an Indian-origin doctor in Australia, were on Friday reduced by the Court of Appeal. Dr Mukesh Haikerwal was attacked by Alfer Azzopardi, Michael Baltatzis and Sean Gabriel in September 2008.
Melbourne based court on Friday agreed that the original sentence had involved some double punishment. “It is impermissible for an offender to be punished twice for the same act,” Justice Robert Redlich said. He said six counts involved double punishment and this would allow an appeal.
Earlier, in November 2009, Judge Joe Gullaci jailed Azzopardi for 18-and-a-half years with a minimum of 13-and-a-half years, Baltatzis for 16-and-a-half years with a 10-and-a-half year minimum and Gabriel for nine years and nine months with a minimum of six years. However, Justice Redlich said Judge Gullaci had “failed to give sufficient weight to the youth of each applicant.” Justice Redlich said the total sentences exceeded what was necessary to achieve all relevant sentencing objectives. He slashed their sentences by up to four-and-a-half years each. Azzopardi’s sentence is now 16 years, with a minimum of 10-and-a-half years, while Baltatzis’ is now 12 years with a minimum of seven. Gabriel’s sentence is now seven years with a minimum of four years. The three young men pointed a knife at Haikerwal and demanded his phone and wallet. He was hit up to 12 times with a baseball bat. Part of Haikerwal’s brain was removed in surgery following the assault.
Melbourne based court on Friday agreed that the original sentence had involved some double punishment. “It is impermissible for an offender to be punished twice for the same act,” Justice Robert Redlich said. He said six counts involved double punishment and this would allow an appeal. Earlier, in November 2009, Judge Joe Gullaci jailed Azzopardi for 18-and-a-half years with a minimum of 13-and-a-half years, Baltatzis for 16-and-a-half years with a 10-and-a-half year minimum and Gabriel for nine years and nine months with a minimum of six years. However, Justice Redlich said Judge Gullaci had “failed to give sufficient weight to the youth of each applicant.” Justice Redlich said the total sentences exceeded what was necessary to achieve all relevant sentencing objectives. He slashed their sentences by up to four-and-a-half years each. Azzopardi’s sentence is now 16 years, with a minimum of 10-and-a-half years, while Baltatzis’ is now 12 years with a minimum of seven. Gabriel’s sentence is now seven years with a minimum of four years. The three young men pointed a knife at Haikerwal and demanded his phone and wallet. He was hit up to 12 times with a baseball bat. Part of Haikerwal’s brain was removed in surgery following the assault.