A man who was jailed for stealing $8900 worth of jewellery, including an antique watch, and for assaulting a store employee when they tried to stop him stealing two sausage rolls, successfully appealed the severity of his sentence on Thursday.
John James Doyle, 48, of Garema Road, was sentenced to two year's jail and was given a non-parole period that totalled 21 months with a release date of June 28, 2020, but his non-parole period was reduced following the severity appeal in Orange District Court.
According to police, between January 3 and 16, 2018, Doyle smashed a window and stole the jewellery from the bedroom of a locked house in Lords Place when the owners were away but was caught after his fingerprint was found on a perfume bottle.
Acting Judge Peter Berman said it was likely the stolen items from the home had sentimental value, which he said Doyle didn't appear to care about.
On September 28, Doyle was arrested also after stealing two sausage rolls valued at $6 from Coles supermarket.
Mr Doyle complained later on that he was the victim of this offence to Probation and Parole - he was not in any way.Judge Peter Berman
While in the supermarket he was confronted by an employee who had previously banned him from the store and Doyle said "f***-off d***head get out of my way".
Doyle also threatened the employee and when the man tried tried to take the sausage rolls back Doyle punched him in the jaw.
The employee retaliated and Doyle wanted to go outside and fight.
"Mr Doyle complained later on that he was the victim of this offence to Probation and Parole - he was not in any way," Judge Berman said.
Initially Doyle was given a two-year jail sentence with an 18-month non-parole period for the break and enter and he was given two concurrent 12-month jail sentences with nine-month non-parole periods for intimidating the Coles employee and for assaulting the employee.
He was also given a 12-month supervised community correction order for stealing the sausage rolls.
It was raised in court that Doyle's non-parole period made up 87.5 per cent of his total sentence and initially the special circumstances, relating to "significant" health issues and his son's death in 2016, were not applied.
However, Judge Berman agreed to reduce Doyle's penalty and gave him a two-year jail sentence with a reduced non-parole period of 15 months making him eligible to be released on parole on December 28, 2019.
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