A Youngtown man who assaulted a man with a blockbuster will spend up to six months longer in jail because he did not want to be seen as a "give up dog".
Steven Anthony Dunne, 28, was sentenced by Justice Michael Brett to two years jail after pleading guilty to wounding.
He received a 20 per cent sentence discount because he indicated he was going to give evidence about the identification of a third co-accused.
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Co-offender Paul Lance Broad, who also pleaded guilty in July last year, received a two year and six-month jail term with a non-parole period of 18 months.
The Department of Public Prosecutions appealed to the Court of Criminal Appeal seeking an increase in the sentence because it was manifestly inadequate in the wake of Dunne failing to comply with the indication.
In its decision, the CCA said that shortly after Justice Brett's sentence was imposed two police officers went to Risdon Prison seeking to speak to him.
"He refused to see them. He signed a form that indicated that he did not consent to them visiting in him in prison," Justice Robert Pearce wrote.
Dunne's legal counsel Claire White wrote to the Department saying that Dunne's instructions were "that he will not give evidence against the co-accused".
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Dunne reinforced the advice in preliminary proceedings for the co-accused on November 4 last year.
He was asked to identify the other man who was present but said he could not recall.
"When asked 'is it because of fear of what might happen to you in prison' he agreed and then claimed that he did not know who that person was. He said "I thought I had an idea but-no I was wrong'," Justice Pearce wrote.
Justice Pearce said that it was strongly in the public interest to ensure that undertakings of co-operation are observed and that there are consequences if they are not.
He said that the risks of giving evidence against a co-accused must have been known by the respondent (Dunne) when he gave his instruction to the sentencing judge.
"The purpose was to obtain a reduction in sentence," he said.
Justice Pearce said that he thus found the sentence manifestly inadequate and increased it to two years and six months and specified a non-parole period of 15 months.
In the original sentencing, Justice Brett described that attack on a 57-year-old Youngtown man as brutal, cowardly and sustained.
During the attack, the victim was struck with a blockbuster or baseball bat to the legs, back and head.
His injuries included lip lacerations, broken teeth, scalp lacerations and an abdomen laceration.
CT scans show a fractured shoulder and vertebra.
In a victim impact statement, the man said he had lost eight teeth which cost $2500 and vehicle damage of $12,000.
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