Man who attacked elderly men faces more jail time
A MAN who stomped on the heads of two elderly Hervey Bay men outside a pub faces a longer stay in prison after his upcoming parole eligibility date was appealed.
Dylan Bradley Castle, 25, attacked 64-year-old Graham Law and his brother-in-law Terrence White, 73, outside The Victory Hotel in Brisbane on July 1 last year.
The Court of Appeal was played CCTV footage of the sickening attack on Thursday, which showed Castle king-hitting the men from behind, knocking them down and continuing to punch, kick and stomp on them while they curled up on the ground.
He walked away while a passer-by came to the men's aid, only to return and deliver another kick to one of the men's head.
Mr Law was to undergo treatment for bone cancer the next day, but had to cancel due to the attack
Both men suffered facial fractures and a host of other injuries.
Barrister Anthony Moynihan, acting for the Crown, argued the horrific nature of the attack warranted a tougher sentence than was originally delivered.
"He didn't like their age and that they were in the licensed premises," he said.
"He also has a history of being a public nuisance, including incidents of violence and street fighting, and an incident of stalking which included serious threats of violence as well."
Castle is currently eligible for parole on January 2, having served just one-third of his four-and-a-half year prison term.
His barrister John Allen acknowledged the brutal nature of the attack, which was evident on the CCTV footage played to the court.
"The fact the offending was video-recorded, however, does not make the criminality worse," he said.
Justice John Muir said the fact Castle walked back to deliver another kick to the head "does seem to show an unusual degree of callousness".
The court was adjourned for a decision to be delivered on Friday.