Violent criminal Benjamin Dinan has failed in a bid to be freed in time to spend Christmas with his kids.
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Dinan had asked the District Court in Albury to substantially cut his 12-month sentence for attacking two men in a pub.
Defence solicitor James Sloan wanted judge Martin Blackmore SC to halve Dinan’s non-parole period from six to three months for the two assaults.
That would have Dinan out of jail on December 24.
But Judge Blackmore dismissed the appeal on Friday and confirmed magistrate Tony Murray’s sentence.
Dinan’s mother gave evidence that her son had long had a problem with alcohol and that efforts had been made to get him into treatment programs, to no avail.
“He just gets very aggravated” when drinking, she said.
Judge Blackmore told her it was clear “your son has a problem with anger”.
“I can’t possibly reduce the sentence,” he said.
“The sentence is totally appropriate.”
Albury Local Court was previously told how Dinan, 26, of Lavington, was so drunk when he punched and slapped the men that had no recollection of or explanation for the incident.
Dinan had only recently been released from prison on parole when he went to the Northside Hotel with his father on July 18.
The two victims were playing pool at the venue and Dinan joined in.
Dinan punched one of the men then walked around the pool table and slapped the second man, who has cerebral palsy, with the back of his hand.
Judge Blackmore said Dinan had come to the point “where he really needs” counselling.
“Maybe he recognises that, maybe he doesn’t,” he told Dinan’s mother.
“Regardless, he’s not going to be home for Christmas.
“But that’s what punishment is about.”
Judge Blackmore criticised Dinan for assaulting a disabled man who could not defend himself.
He imposed a condition that Dinan attend Community Offender Services in Albury within three working days of his release in order to undergo treatment and counselling, something that “can’t be suspended”.