A man jailed for an assault on another reveller during a late-night brawl in Civic has been denied bail as he fights the remainder of his prison sentence in the High Court.
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Levi Freeman-Quay, 28, was sent back to jail after he won an appeal against his conviction for punching Matt Pridham to the ground on Bunda Street during a late-night brawl in Civic in September 2013.
He was last year sentenced to two years and two months' imprisonment, with seven months to be served in custody for assault causing grievous bodily harm to Mr Pridham.
Freeman-Quay was also handed a six-month jail term for a second offence of assault occasioning actual bodily harm on one of Mr Pridham's friends that same night, with two months in custody.
His total sentence was to be suspended after he spent nine months behind bars.
Freeman-Quay launched an appeal in the ACT Court of Appeal, which last month set aside his conviction for the more serious assault.
But the court dismissed an appeal against his sentence for the lesser offence and he was left to serve six months in prison, less two months and 21 days already spent in custody.
He had been on bail since late last year, until the appeal was heard, but was sent back to jail to serve the remaining three months and nine days behind bars.
Freeman-Quay is due for release in December.
His lawyers have now sought permission to challenge part of the ACT court's decision in the High Court.
The case came before Justice Stephen Gageler for a rare bail application in the court on Monday.
Freeman-Quay's defence team, led by lawyer Ken Archer and Kamy Saeedi Law, argued he should have been re-sentenced for the lesser assault when his conviction for the more serious offence was set aside.
He also said Freeman-Quay's lawyers hadn't been given an opportunity to make submissions on what would be an appropriate sentence once the other conviction was quashed.
But prosecutor Margaret Jones, who opposed bail, said the Court of Appeal didn't have the power to re-sentence Freeman-Quay, and hadn't been invited to exercise any such power during the proceedings.
In a decision on Tuesday, Justice Gageler threw out the bail application.
Freeman-Quay's application for special permission to appeal remains on foot.
A decision over whether the matter will be heard in the High Court is expected next month.
