DAMIAN Robert James Ford, 19, the man who attacked Cabarita man Sam Ford with a single punch causing irreparable brain damage, has appealed the severity of his six-year jail sentence in the Brisbane Supreme Court.
Ford’s defence lawyer Michael McMillan appeared in court yesterday to ask for the sentence to be reduced to five years and for the non-parole period to be reduced from two years to 15 months.
Ford pleaded guilty on charges of grievous bodily harm and assault in Southport District Court in February after the attack that left Sam permanently disabled.
In February the court heard that Sam fell and hit his head on the bitumen road after being punched by Ford, which caused further injuries, including a fractured skull, plus bleeding and bruising of the brain at Coolangatta on the night of October 10, 2009.
Sam’s friend Megan Colivas was hit by Ford’s elbow as he attacked Sam causing her bruising and a cut on her forehead.
Sam had somehow offended Ford at a Pottsville party a fortnight earlier.
He is now confined to a wheelchair and unable to eat, talk, hear or see properly.
Speaking outside court, Mr McMillan said Ford was appealing the six-year sentence on the grounds that he was immediately remorseful, had cooperated with police and pleaded guilty.
He said the incident involved a single punch and no weapon of any kind and was less severe than other crimes that had received a similar sentence.
“It’s very hard for him, he’s doing it very tough in jail,” Mr McMillan said.
“We say that although the injuries are terrible to Mr Ford (Sam), it was a situation where he was immediately remorseful and he immediately confessed to police.
"It was just one punch. We don’t want to ruin two lives.”
The appeal was presented to the President of the Court of Appeal Justice Margaret McMurdo, Justice David Boddice, and Justice John Muir.
They will consider the appeal in the coming weeks.
“We don’t want to ruin two lives.”
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