A domestic abuser rendered comatose after a bloody Canberra prison bashing has had nearly two years slashed off his jail sentence, after judges determined the beating was an "extra-curial punishment".
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David Christopher Laipato, 32, will be eligible for parole more than a year earlier than expected - in April 2021 - after he appealed his convictions and sentence for violently assaulting his ex-partner.
ACT Court of Appeal judges on Tuesday upheld a jury's findings Laipato was guilty of burglary, unlawfully confining his ex-partner, and choking, suffocating or strangling her in January 2019.
But they said Justice John Burns sentenced Laipato on the basis the 32-year-old choked his ex-partner "on multiple occasions". Laipato was only found guilty of choking his ex-partner once.
The mistake meant the appeal judges had to resentence Laipato on all three charges he was found guilty of. In the 2019 assault on his ex-partner, Laipato also told the woman "I could f---ing kill you" and tried to exercise control over her when he said she couldn't leave a Canberra house.
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In resentencing Laipato, the appeal judges took into account that he was assaulted while in custody at the Alexander Maconochie Centre on January 13, 2020.
The Canberra Times reported Laipato was "beaten within an inch of his life" at the time.
In a series of events described as "one of those extraordinary circumstances" by the ACT's justice minister, the serial criminal's father only found out about the bashing when he stumbled upon his son being taken to the intensive care unit at Canberra Hospital.
Laipato's father happened to be visiting his wife at the time. It later surfaced Laipato was left unattended for 45 minutes after he was attacked by three other inmates.
The appeal judges on Tuesday said the bashing amounted to an extra-curial punishment.
They noted Laipato was moved to the "management area" of the Canberra prison against his will on January 26 this year. He was later moved to Silverwater jail in Sydney in the interests of his own safety and "the ongoing good order and security" of the Alexander Maconochie Centre.
"The appellant's custodial experience has been, and will be, more onerous because he has been moved interstate and also because of visitor restrictions due to COVID-19", the appeal judges said.
They sentenced Laipato to a total three years and six months' imprisonment, to finish on July 7, 2022. The term was reduced from Laipato's original sentence of five years and five months' jail.
Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
