Tyson Armstrong loses appeal over Crown casino coward punch attack on Luke Francis

A “violent, drunken thug” jailed over the coward punch attack of a beloved tradie in the Crown casino food court has lost an appeal to reduce his sentence.

A man described as a “violent, drunken thug” over the senseless killing of a beloved tradie at Crown casino has lost a bid to have his 10-year jail term slashed.

In an unprovoked assault that lasted just 13 seconds, Luke Francis, 29, died after Tyson Armstrong, 29, fatally punched him in the casino’s food court in March 2022.

Armstrong, who pleaded guilty to manslaughter, was jailed for 10 years with a non-parole of eight years but appealed his sentence in the Court of Appeal, claiming it was “manifestly excessive”.

In his appeal, Armstrong’s lawyers attacked sentencing judge Andrew Tinney’s finding that his prospects of rehabilitation were not “good, or even moderate”.

They argued the father-of-three, who had prior convictions for alcohol-fuelled violence, had taken steps to address his behaviour including abstaining from drinking while he was on bail.

Luke Anthony Francis with his sister, Emily. Picture: Supplied

He was also in remission for an alcohol use disorder and had not offended for nearly three years prior to the fatal assault, with his lawyers claiming Justice Tinney made “no allowance for the offending to act as a turning point in his life”.

They also submitted their client’s non-parole period — which was 80 per cent of his head sentence — was above the 60 to 76 per cent range imposed in all other manslaughter cases since 2020.

But Court of Appeal justices Stephen McLeish, Christopher Boyce and Rowena Orr on Tuesday dismissed the appeal, finding the sentence was within range.

They noted Armstrong had an “unenviable track record” for alcohol-fuelled violence which included bashing a man in front of his children and spitting bloody saliva into the eyes of a police officer following an incident at the MCG where he abused bar and security staff.

“Milder sentencing dispositions failed to modify his behaviour sufficiently to prevent the death of Mr Francis, a complete stranger going about his life as he was entitled to do,” they said in their written ruling.

Tyson Armstrong was jailed for 10 years over the attack.

While high, they found the non-parole period reflected Justice Tinney’s “pessimistic assessment” of Armstrong’s rehabilitation prospects, which depended on him addressing his alcohol problem.

“The proposed application for leave to appeal against sentence would therefore be dismissed,” they ruled.

Mr Francis entered Crown casino with his partner about 11.45pm on March 26, 2022 after going to a music festival.

He briefly spoke with Armstrong in the game room, before he was pushed and punched from behind as he walked away.

Mr Francis stumbled sideways before falling to the ground, losing consciousness.

Armstrong was recorded on CCTV demonstrating his strikes to his cousin as they walked away.

His victim died in hospital three days later after doctors declared him brain dead.

In his sentence remarks, Justice Tinney described Armstrong as a “violent, drunken thug” and the cowardly attack highlighted “the fragility of human life”

“For many years, it has been apparent that precisely the type of violent crime you carried out in this case has been a growing concern in our community and has become an all too common occurrence,” he said.

With time served, Armstrong could be out on parole by December 2030.

Originally published as Tyson Armstrong loses appeal over Crown casino coward punch attack on Luke Francis