A Youngtown man sentenced to seven years' jail over a horrific attack on a man in 2018 is appealing against his conviction last year.
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Corey Mitchell Gesler, 28, was convicted of aggravated armed robbery and doing an unlawful act intended to cause bodily harm after a trial in October last year.
Gesler was one of four men jailed over an attack in which drugs and cash were stolen from Alexander Friend and a malicious beating handed out in January 2018.
His defence that he was "having a shag" at the time of the beating was rejected by a jury.
Clinton Charles Wilson, 29, Jake Douglas Herlihy, 23, and Sammual Clinton Wilmot were also jailed.
Jake Herlihy and Clinton Wilson, 29, refused to give evidence in the trial because of fear of retribution and were each jailed for six months for contempt of court.
Their police interviews were admitted into evidence.
Justice Robert Pearce sentenced Gesler to seven years' jail and ordered he serve four years before being eligible for parole.
Gesler lodged a appeal notice with the Court of Criminal Appeal citing three grounds:
- that the learned trial judge erred by admitting the statement of Clinton Wilson into evidence;
- that the judge erred in admitting the statement of Jake Herlihy into evidence;
- that the judge improperly elevated the importance of Jake Herlihy's statement in his address to the jury.
A directions hearing was heard last week and adjourned to a later date.
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