Inmate appeals term for blinding officer
A NSW court is considering afresh the jail term handed to an Aboriginal man who blinded a prison officer in one eye.
It comes after a High Court ruling on how sentencing judges should treat offenders' disadvantaged backgrounds.
Wilcannia man William Bugmy was initially handed a non-parole period of four years after he hit a prison officer in the eye with a pool ball.
But the Crown appealed and the NSW Court of Criminal Appeal (CCA) resentenced Bugmy in 2012 to a total term of seven years and six months, with a non-parole period of five years.
That decision was challenged in the High Court, which ruled last year that "the effects upon an offender of profound deprivation do not diminish over time and should be given full weight when sentencing the offender", and the appeal was sent back to the CCA.
During a hearing on Wednesday, prosecutors urged the court to extend the original sentence imposed against Bugmy because it was "manifestly inadequate".
Bugmy's legal team has called on the court to dismiss the Crown's appeal.
His childhood in country NSW was marked by violence, alcohol and drug abuse, and he has spent much of his adult life behind bars.
"This court has been asked to consider what it means in the context of sentencing to give full and proper weight to an Aboriginal offender's history of social deprivation," Aboriginal Legal Service lawyer Stephen Lawrence said outside court.
He said the Crown appeal had been hanging over Bugmy's head for years.
"It's been a considerable number of years without him knowing what his end date is," Mr Lawrence said.
"That has been really stressful to him. But he has been fortunate to have had the support of his family."
The CCA has reserved its decision.
