Tyrone (Tubby) Michael Baynton was killed on  October 11, 2015 at North Mackay.
Tyrone (Tubby) Michael Baynton was killed on October 11, 2015 at North Mackay. Facebook

Tyrone Baynton killer wins jail reprieve

A MAN convicted of killing Tyrone Baynton in Mackay four years ago has won his bid to overturn his sentence but another failed to convince the Queensland Court of Appeal to reduce his time behind bars.

Mala Owen Geissler, Jeremy Kenneth Abell and Joshua Don Francis Wales broke into Mr Baynton's home in October 2015.

Geissler attacked Mr Baynton with a 70cm samurai sword, severing his carotid artery and windpipe and perforating his right lung.

Mr Baynton died four minutes later in the backyard of his North Mackay home as Geissler and Wales ransacked the unit.

The trio fled the scene with a small amount of marijuana.

Geissler tossed the bloody sword into the water at McReadys Creek boat ramp at Andergrove.

Police later recovered it there.

Abell and Wales pleaded guilty to manslaughter.

Geissler faced a trial where he was acquitted of murder but convicted of manslaughter.

Abell was jailed for five years and Wales copped nine years with parole after serving 80 per cent of the sentence due to the addition of a serious violent offence declaration.

Geissler was sentenced to 12 years, with parole after serving 80 per cent of the term.

Geissler sought to reduce his time behind bars, claiming the sentence was manifestly excessive but the Queensland Court of Appeal disagreed, handing down its decision on Tuesday.

Wales's appeal was heard at the same time and his judgment was also delivered this week.

He argued that the sentencing judge erred by "failing to adopt an integrated approach in the exercise of the sentencing discretion" and that the serious violent offence declaration rendered the sentence manifestly excessive when compared to the sentence given to his co-offender Abell.

The court agreed, ordering that Wales can now apply for parole half-way through his nine-year term.

This means he can be released after serving 4.5 years. - NewsRegional

News Corp Australia

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