A man who terrorised an elderly widow in her home and waved an imitation firearm in public has appealed a four-month jail sentence just weeks before his release date.
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Nicholas Powell, 22, was jailed on June 12, 2024, after pleading guilty in Warrnambool Magistrates Court to possessing an imitation firearm, aggravated burglary and other offences.
He waved what looked like a real gun at members of the public in Warrnambool's CBD just months after breaking into the elderly widow's home while she was alone and watching TV in November 2023.
Powell faced an appeal hearing in the Melbourne County Court via video-link on Monday, July 22, 2024.
The court heard the man had been in custody for 105 days with just 15 days left to be served on the four-month sentence.
He was to be released on a three-year adjourned undertaking to be of good behaviour.
But Judge Scott Johns allowed the appeal on Monday and subsequently released Powell on a deferred sentence.
The court heard the man would be bailed to an inpatient medical facility where he was likely to stay for up to six months.
The judge said the man would be re-sentenced at a later date but noted he was considering a correction order, which would provide more court-supervised support in the community than a good behaviour bond.
The court heard Powell had previously been found unsuitable for a correction order as he refused to engage in the assessment process.
The judge said while it explained why the magistrate didn't take that course, he was "now sentencing new".
He said it was a very unusual case and the aggravated burglary charge was deserving of a more significant sentence than what was imposed.
"But there are substantial mitigating features," Judge Johns said.
He said Powell was a very young man whose course in life was set from infancy, with exposure to trauma and an early introduction to substance abuse.
He said Powell also suffered serious and untreated mental health issues.
The court heard Powell would have an extensive support network, involving numerous agencies and daily assistance, upon his eventual release back into the community.
In June the sentencing magistrate Franz Holzer said it was one of the hardest sentencing processes he'd dealt with in his career.
Powell will face court again at a late date.
Jessica Howard
jessica.howard@warrnamboolstandard.com.au
jessica.howard@warrnamboolstandard.com.au
