A Prospect Vale man who copped a 25-week jail sentence for swinging an axe and punching an off-duty police officer in a wild CBD brawl in May, 2020 has been taken into custody after abandoning an appeal.
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Luke Andrew Krushka, 23, was found guilty in December of two counts of assault police, two counts of common assault, and a count of possessing a dangerous article in a public place.
Magistrate Ken Stanton sentenced Krushka to 25 weeks jail on February 11 for the offences but suspended 16 weeks on the condition that he comply with the conditions of 12 month Community Correction Order.
However, after sentence was handed down Krushka was bailed after giving an undertaking that he would file a notice of review in the Supreme Court of Tasmania. He was ordered to appear on March 15 2022.
Defence counsel Lucy Flanagan told Mr Stanton that Krushka had changed his instruction about the appeal.
She said that Justice Robert Pearce revoked Krushka's bail in relation to the notice to review and took him into custody on Tuesday.
On Thursday Mr Stanton varied the sentence so that the 16 week sentence started from March 15, 2022.
During the case the court heard that off-duty police officer Thomas Moir, his brother Matthew Moir and two friends were crossing the pedestrian crossing at the corner of Bathurst and York streets when Krushka revved his vehicle loudly.
Witnesses gave evidence that Thomas Moir held up his middle finger to Krushka which prompted Krushka to pull over and confront the men.
The court heard that a number of punches were thrown and one witness said the axe had been swung and missed Thomas Moir by about 30 centimetres.
Witnesses gave evidence that Mr Moir showed his police badge but the brawl continued.
Krushka was the recipient of two suspended sentences for cases in 2019 and 2020.
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Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
