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Court refuses jail appeal

A court of appeals judge has recognised that a 23-year-old man jailed for armed robbery faces a real danger of becoming institutionalised.

However Justice Phillip Priest this month denied Adam Poidevin’s appeal against his four-year sentence describing Poidevin’s criminal history as “appalling”.

In May Poidevin was sentenced to four years jail, minus 613 days of pre-sentence detention, for a number of serious offences and breaching a community correction order including failing to report as directed, failing to undergo treatment, and failing to attend specified appointments.

The court heard the offences were committed “almost immediately” after Poidevin was released from jail after serving 20 months for armed robbery, threatening to inflict serious injury and theft in Melton in 2013.

Poidevin’s lawyers argued four years jail was excessive. They said their client should be seen as a young man with a significant intellectual disability who needed disability support.

But Justice Priest said Poidevin had been warned the court would “throw away the key” if he did not comply with the terms of the community order.

“That is obviously troubling, as the danger of institutionalisation is very real”.

He said Poidevin has had leniency extended to him in the past and “undeterred, he re-offended almost at once”.

Poidevin will be eligible for parole in two years.

 

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