A PRISONER who tried to strangle a fellow inmate in the shower has had his minimum prison sentence increased by a year and a half in the NSW Court of Criminal Appeal.
Andrew Robert Windle, 22, was sentenced to at least two-and-a-half years' jail last December in the District Court after he pleaded guilty to attempting to strangle a fellow inmate with intent to murder at Long Bay prison in January 2011.
The court heard Windle had been serving a four-year sentence for intent to cause grievous bodily harm at the time of the strangling offence and was next due to be considered for parole in October 2011.
Windle admitted using a sock to attempt to strangle his fellow inmate, and told corrective services officers he only stopped because he thought his victim was dead.
Windle indicated that he did not know why he did it, saying he "just had to do it", the court heard.
Windle's mental condition was a factor which weighed heavily with the sentencing judge, who imposed a maximum four years' imprisonment with a non-parole period of two years and six months.
The NSW Director of Public Prosecutions appealed against Windle's sentence, and the Court of Criminal Appeal on Tuesday found it was manifestly inadequate.
"While the sentencing judge clearly exposed his reasons for the sentence imposed, in the final analysis the sentence was outside a legitimate range and must be increased," the judgment said.
The three-judge panel noted: "The offence was carried out whilst in gaol serving a separate sentence for a specially aggravated offence of entering a dwelling with intent to inflict grievous bodily harm.
"This court has noted the importance of maintaining discipline within the prison system and protecting other offenders from criminal assaults by fellow inmates."
They set aside the original sentence and sentenced Windle to a maximum term of five years and four months, with a non-parole period of four years.
Taking into account time already served, Windle will be eligible for parole in October 2015.
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