Published on: December 17, 2024, 08:51h.
Last updated on: December 17, 2024, 08:51h.
An Australian individual who was described by a Justice of the Victoria Supreme Court as a “violent, drunken thug” has been denied a reduced sentence upon appeal.
The Victoria Court of Appeal rejected Tyson Armstrong’s request to lessen his 10-year prison term. Justices Stephen McLeish, Christopher Boyce, and Rowena Orr supported Justice Andrew Tinney’s sentencing in June 2023, citing Armstrong’s low chances of rehabilitation.
Armstrong, aged 28 at the time, entered Crown Melbourne casino in a state of intoxication after midnight on March 27, 2022. Roughly 15 minutes later, he encountered 29-year-old Luke Francis on the gaming floor.
Surveillance footage captured a brief exchange of words between the two before Francis walked towards the nearby food court. Armstrong, instead of letting the matter go, attacked Francis from behind with a sucker punch.
Armstrong proceeded to restrain Francis and push him into a railing, causing him to collapse. Francis was rushed to the hospital, where he was diagnosed with brain bleeding. He was later declared brain-dead and taken off life support two days after the incident.
Expressing Regret, Yet Unlikely for Rehabilitation
Armstrong had a history of alcohol-induced violent behavior, as revealed in court records detailing previous altercations. He had engaged in physical altercations and assaulted a police officer in the past.
Although Armstrong had sought treatment for his alcohol addiction and claimed to be sober for nearly three years before the Crown Melbourne incident, he expressed regret shortly after the attack on Francis.
”I just wish I walked away,” Armstrong stated during his police interrogation. “I feel selfish because I just want to see my family but I just feel like he might not see anyone again from my hands, and that’s what I can’t deal with. No matter what happens it has changed my life in a blink of an eye. I’m never going to be able to forgive myself if he passes away.”
Armstrong pleaded guilty to manslaughter following Francis’s death and faced a potential sentence of up to 25 years in prison.
Despite seeking a more lenient sentence without incarceration for rehabilitation purposes, Tinney denied the request, a decision upheld by the Appeals Court, confirming the 10-year imprisonment this week.
”Milder sentencing dispositions failed to modify his behavior sufficiently to prevent the death of Mr. Francis, a complete stranger going about his life as he was entitled to do,” the three justices noted in their ruling.
Minimum Eight-Year Term
Under Victoria law, individuals found guilty or pleading guilty to manslaughter must serve a minimum of 80% of their prison sentence in detention. This mandate means that Armstrong will be incarcerated for at least eight years.
The victims of Armstrong believe that the sentence does not align with the gravity of the crime committed.
”Ten years is nothing. He’ll get out at 37,” expressed Tessa Penberthy, the girlfriend of Francis, to the Daily Mail. “He’s got a family, he’s got kids. He took that away from Luke. He didn’t get a chance to have a family or a future.”
”Armstrong is nothing but a coward who likes to hit from behind,” added Michelle Harris, Francis’s mother.