Christmas Day killers say jail terms too harsh
THREE Christmas Day killers who bashed a man to death in view of horrified neighbours will stay in jail.
Robert Allan "Jesse" Jordan died after a ferocious Christmas Day 2012 beating in Morayfield.
His death came after a family gathering in Caboolture, where a person raised sexual misconduct allegations about Mr Jordan.
Brothers Anthony David Joseph Phillips and Douglas Allan Phillips, both in their 20s, went to Mr Jordan's house.
They encouraged Mr Jordan to enter the front yard, and started attacking him.
Dallas Glenn Kincaid Dean and Michael Robert Selmes joined in the attack.
Mr Jordan was grabbed, and his head slammed into a fence, Queensland Court of Appeal judges wrote in a new decision.
Blood splattered on the fence and Mr Jordan fell over.
"Douglas Phillips at one stage lifted his leg high and bent at the knee before bringing it down and stomping on [Mr Jordan's] head," the new judgment added.
The bleeding victim was dragged to the road where the attack continued.
The word "pedophile" was uttered at least once during the assault.
Selmes, Dean and the brothers were convicted of manslaughter.
Selmes got nine years jail, but appealed, saying the sentence was manifestly excessive.
Dean was sentenced to 11 years jail, and received a serious violent offence declaration.
That declaration meant he had to serve 80 per cent of the term before applying for parole.
He too said the punishment was manifestly excessive.
Douglas Phillips received 12 years, six months jail, and also a serious violent offence declaration.
He initially said the verdict was unreasonable or not supported by evidence.
Later he said a legal misdirection caused a miscarriage of justice.
He too argued his sentence was manifestly excessive.
But in a judgment handed down on Friday, Queensland Court of Appeal dismissed the three men's cases.
"It was a ferocious assault which involved all four defendants punching and kicking the defenceless deceased," the judges wrote.
The court said Selmes and Dean joined in the assault "without any invitation or encouragement".
Anthony Phillips, who was given 14 years jail, did not participate in the appeal.