Dad in Woolworths bashing loses bid to cut jail sentence
A FATHER who bashed a Woolworths employee and a security guard at a shopping centre has failed in his bid to have his jail sentence reduced.
Timothy Byron Stelling and his mate Nathan Dean Gillam were leaving Woolworths in Booval when a checkout assistant tried to inspect the bags they were carrying.
After they ignored the staff member, the two men were pursued by the store's duty manager and a security guard into the shopping complex.
Gillam suddenly turned around, punched the duty manager in the mouth and wrestled him to the ground.
As the security guard tried to help the duty manager he was punched in the side of the head by Stelling and momentarily lost consciousness.
Stelling continued to attack the security guard with seven punches to his upper body before he joined Gillam in beating up the duty manager.
Gillam kneed the duty manager to the face before he and Stelling walked away and left the centre in a car.
The attack took place on May 4, 2013. Stelling was 19 years old at the time while Gillam was 20.
The security guard was treated in hospital for a concussion and a neck sprain while the duty manager sustained a displaced nasal bone fracture that required months of recovery.
Stelling, who had a criminal history of violence, pleaded guilty to charges of grievous bodily harm and serious assault in September last year.
He was sentenced to two years in jail with parole after nine months.
The now 21-year-old appealed that sentence and argued the jail term was "manifestly excessive".
Stelling contended he said he should have been sentenced to serve a term of eight months in jail, as it was one-third of two years.
He said he was missing his daughter and would not be present for the birth of his son this month.
Stelling said he was not the main offender and that he had got his life back on track since the attack took place.
In dismissing the appeal, Judge Roslyn Atkinson said the sentence imposed was not excessive.
"The early parole release date recognised he should receive a discount for the plea of guilty," she said.
"While an offender is often required in that situation to serve one-third of his sentence, that is not a precise mathematical calculation.
"It's merely indicative of the kind of discount which is ordinarily given for a plea of guilty."