A man whose unprovoked prison bashing of four unsuspecting guards threw a state’s justice system into chaos will spend more time behind bars after a successful appeal against his sentence.
Cameron Reginald Welsh initially dodged further jail time after assaulting the quartet in February at Cessnock prison, even after all were taken to hospital and two left unable to work again.
In October, a magistrate did not add extra time to the 26-year-old’s existing sentence but ordered he would serve a three-year order in the community.
However, an appeal judge quashed the finding on Thursday 27 November, saying any sentence less than imprisonment would be an “affront to justice”.
Welsh, 27, was convicted of four counts of assaulting a law enforcement officer and one of intimidating with the intent to cause fear or physical harm.
The original decision not to impose further imprisonment left prison workers incensed after footage emerged of the officers with bruises and bloodied faces.
The union representing prison officers, the Public Service Association, described the October ruling as a “slap on the wrist”.
It also triggered staff walking off the job in a snap protest.
The strike was scheduled to expand statewide across more than 35 jails before an industrial umpire intervened and ruled it would cripple the corrections and courts’ system.
Following the backlash, the Office of the Director of Public Prosecutions appealed the sentence, arguing it was an error.
Crown prosecutor Carl Young said Welsh, serving an original sentence for three counts of serious violence, engaged in a “very serious, unprovoked attack”.
Mr Young argued the magistrate’s sentence was “manifestly inadequate” in front of some of the victims in Newcastle District Court on Thursday.
Judge Roy Ellis agreed, saying “the magistrate misconstrued the law” when failing to impose a harsher punishment and that Welsh did not show remorse for his actions.
“(The sentence) failed to recognise the harm of the victims involved (and caused) a loss of confidence in the administration of justice,” he added.
Welsh appeared via video link from custody and was due to be released on parole in November.
His lawyer Monica Wilson argued he was unarmed, had mental health issues and perceived he was “being disrespected by officers and described feeling vulnerable” during incarceration.
But, Judge Ellis found Wells’ lengthy criminal history and the need to deter him and other prospective offenders from engaging in similar criminality meant only imprisonment was justified.
The head of the prison officers’ union applauded the ruling, saying the attack was “sickening” and “disgraceful”.
“This sends a clear message to every prisoner in NSW, if you assault a prison officer you will be punished,” Stewart Little said.
Earlier in November, Corrective Services Minister Anoulack Chanthivong announced a review into the way inmates were classified by security ratings from maximum to minimum.
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