A man who kicked in a woman's teeth when she was on the ground, disabled by a bad knee, has had six-months shaved from his jail sentence.
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Mark Ivanoff, 34, of Beech Crescent, recently appealed the two-year jail sentence with an 18-month non-parole period he was given after a hearing in Orange Local Court on March 28.
According to police, the woman lost two front teeth and two more were loosened after Ivanoff kicked her once in the face in Endsleigh Avenue on September 30, 2018.
He pleaded not-guilty but was found guilty of reckless grievous bodily harm and he would have been eligible for release on parole on March 31, 2020.
It was a savage kick, certainly when taking into account the injuries.
- Acting Judge Geoffrey Graham
However, after appealing his sentence in Orange District Court, Ivanoff could be paroled on September 30 this year.
Acting Judge Geoffrey Graham reduced Ivanoff's sentence to 18-months with a 12-month non-parole period. He is to be supervised on parole and attend treatment and counselling for substance abuse.
"It was a savage kick, certainly when taking into account the injuries," Acting Judge Graham said.
Solicitor Mason Manwaring said Ivanoff has been employed while in custody and although his criminal history wasn't helpful it didn't contain matters of violence.
Although the local court magistrate found the kick to be unprovoked, Acting Judge Graham said Ivanoff was angered by a verbal argument and taking into account additional material he was presented with he found "significant grounds for approaching sentencing afresh".
"This is his first time in custody and it's clearly had a significant impact on him so the need for personal deterrence in this case has been substantially reduced," he said.
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