A former Camperdown man who punched a publican in the face has won his appeal against a two-month jail sentence.
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Benjamin Ward, 30, now of Norman Gardens, Queensland, pleaded guilty in the Warrnambool Magistrates Court in August to recklessly causing injury, drunken disorderly and tampering with a vehicle.
He was jailed for two months, which he immediately appealed and was released on bail with an $800 surety.
County Court judge Mark Taft set aside the original sentence and placed Ward on a 12-month adjourned undertaking with conditions he continue drug and alcohol counselling and donate $1000 to Blaze Aid.
Lawyer Ian Pugh said Ward helped to rebuild a Camperdown farm following the devastating St Patrick’s Day fires. The owner of the farm, who wished to remain anonymous, said Ward abandoned his burning vehicle to help move tractors from the farm. She said he later worked with Blaze Aid rebuilding fences and posts.
“Without the help (of Ward) we would have left the farm within a week... we would have folded,” she said.
Mr Taft said imprisoning the offender would be a waste of taxpayers’ money.
“It is more productive to have you continue to support the community the same way you did at the time of the St Patrick’s Day fires,” he said.
Mr Pugh said the appeal was a success.
“That is a good result, I am very pleased,” he told The Standard.
In other news, a Camperdown man who made threats to kill his partner from prison has been sentenced to another three months in jail.
Brett O'Neill, 39, of Longmore Street, pleaded guilty in Warrnambool Magistrates Court to making threats to kill.
Magistrate Franz Holzer said the offending was not calculated behaviour, but impulsive.
He sentenced him to three months' jail, to be served concurrently.
The court heard O'Neill was imprisoned on unrelated matters in November last year.
Then about 9am on November 27, O'Neill rang the woman.
She hung up the phone and O'Neill rang her back four minutes later.
He began to abuse her, stating that she had embarrassed him and "if you get a house you'll be in f**** charcoal".
He told the victim he would send people to her house "left, right and centre".
Police said the victim feared for her life and her unborn child.
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