Convicted murderer claims sentence too harsh
A CONVICTED murderer, who along with two accomplices, bludgeoned to death a man with a baseball bat who later had his penis cut off, has claimed the sentence he received was too harsh.
Fraser Coast man Byron Naylor was sentenced to nine years and nine months in jail earlier this year for the role he played in the brutal death of Maryborough man Noel Allen Clark in May, 2009.
Mr Clark's body was dumped in a forest at Beerburrum on the Sunshine Coast.
His co-accused, Graeme Kenneth Wright and Dianna Gay Wright (no relation) were also convicted and jailed in what was described in court as a "violent" and "abhorrent" murder.
However, Naylor believes his sentence was too harsh and sought leave in the Queensland Court of Appeal on Friday to challenge the severity of his jail term.
Naylor's barrister Peter Callaghan told the court the sentencing judge, Chief Justice Paul de Jersey, did not take into account his client's early guilty plea when sentencing him.
"Short of cross-examining him, we can not be certain he did," he said.
Mr Callaghan said there was also doubt surrounding the manner in which police conducted their interview with Naylor and the relevance it had on his sentencing.
"He was interviewed in circumstances that were later deemed as involuntary," he said.
Crown Prosecutor Philip McCarthy said Chief Justice de Jersey was alerted to the early guilty plea and took it into account when sentencing Naylor.
"I submit his honour did in fact take in the early guilty plea when sentencing," he said.
"It is my submission that the Chief Justice was actually fairly lenient when taking into account the early plea and co-operation."
Naylor, dressed in a black suit, was supported in court by his parents and a female friend who he blew kisses to throughout the two hour hearing.
Earlier this week, Graeme Kenneth Wright appeared before the same court arguing the guilty verdict against him was unsafe.
The Brisbane Supreme Court of Appeal reserved its decision in both cases.