Sentence appeal dismissed for drunken robber
A MAN jailed for his part in a sexually violent robbery in Yamba, breaking into a golf club in Casino and riding in a car stolen from Mallanganee has had an appeal for a shorter jail term dismissed by a Sydney court.
Daniel Avery was sentenced to four years and four months jail after pleading guilty to the offences in Grafton Local Court in 2013.
He and two men threw a brick through a glass entrance to the Casino Golf Club and stole bottles of alcohol from the fridges in December 2010.
Less than a month later, police discovered Avery's DNA on a VB beer can inside a car stolen from the Mallanganee Hotel a few nights earlier.
The most serious crime happened in December 2012.
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Avery and three other men knocked on the front door of a home in Yamba and punched the owner in the face when he answered.
He fell to the floor, and was knocked unconscious as the men continued to bash him.
They pushed their way inside and screamed, "Where's the money."
One of the robbers, Trae Laurie, knocked down the door to the bedroom where the man's mother had been sleeping.
He repeatedly punched her, breaking her nose and cheekbone, splitting her lip, loosening her teeth and knocking several fillings out.
Laurie then pulled off her dress, held her on the bed and used his hands to sexually assault her until she kicked him in the testicles.
The men stole the car from the home and fled.
Avery was arrested a month later for another matter and admitted to his role in the drunken robbery, but said he played no part in any of the violence.
He admitted to taking part in later burning the stolen car, but was never charged for it.
He told police he believed they had gone to the house to buy marijuana.
Avery argued the 52-month sentence was excessive on eight grounds, including that the sentencing judge had been unduly harsh because of the sexual assault even though Avery did not participate in it.
Justice Robert Hulme dismissed the appeal on all grounds.