Nelson Jack Kepa pleaded guilty to a violent armed robbery and causing grievous bodily harm during an attempted car theft at East Mackay

The ‘chilling’ attack left the victim with a fractured skull and mild brain injury during an attempted car theft at East Mackay.

Behind prison barsPhoto: Brett Wortman / Sunshine Coast Daily

A man has been jailed for bashing a 52 year old with a rusty metal pole causing a serious head injury during an attempted car theft at East Mackay.

But an eight-month delay in applications to the parole board, which is dealing with a crushing backlog, has resulted in the 24 year old receiving a more lenient penalty.

The victim busted Nelson Jack Kepa inside his Hilux parked in front of his Kippen Street home about 6.45am on March 14, 2020.

Mackay District Court heard the victim had left a number of keys inside the vehicle that belonged to other cars.

When the 52 year old confronted him, Kepa stepped outside and claimed the Hilux was his while holding a set of keys.

Crown prosecutor Nicole Friedewald said the victim grabbed a small shovel and moved towards Kepa to try and scare him away, but he began screaming and revealed a rusty metal bar by his side.

The victim swung the shovel at Kepa, missing him and as a result fell over.

“It was at that time (Kepa) took his opportunity,” Ms Friedewald said.

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Kepa smashed the bar into the victim’s head as he was on the ground – the wounded man quickly stood up and Kepa went to strike again, but instead ran away.

The court heard the victim received serious injuries including a skull fracture, brain bleed, a cut to his scalp that was bleeding heavily and a mild traumatic brain injury.

He was moved from Mackay to Townsville Hospital for treatment, but surgery was not required.

Ms Friedewald said the victim’s life would have been at risk from possible infection to the brain lining had he not received treatment for the injury.

Kepa, who was in custody, pleaded guilty to armed robbery with violence and causing grievous bodily harm via video link.

The court heard he had initially declined a police interview but then admitted the assault to an undercover cop while in the Mackay watch-house.

He told the officer, “I hit him with a metal bar. He was rushing me with a little shovel, so I turned around and hit him.

“He stumbled, then got up and I’m like come on c*** you want more, then he stopped and ran back to his house.”

Ms Friedewald said his tone to the officer suggested “he was proud … even gloating” about the attack and argued this offence was a “serious escalation” in relation to his lengthy criminal history.

She pushed for five to six years jail with parole eligibility at one third.

Defence barrister Stephen Byrne said his client had been coming down from ice and alcohol use the night before when the attack occurred.

The court heard Kepa had used marijuana from age 15 until age 19 or 20, before “he then moved on to using ice”.

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“The violence is limited to a single strike … albeit a very serious one,” Mr Byrne said, adding it was to his client’s “credit” that although it looked like he was going to strike a second time, he did not.

Mr Byrne tendered a letter from the Parole Board Queensland deputy president, dated June 21, that stated any applications made on that day would not be listed until late February 2022.

The court heard Kepa had already spent about 15 months in custody that can be declared.

Mr Byrne agreed a five to six year jail term was in range, but argued for one “towards the lower end” and pushed for immediate parole eligibility because of this eight-month delay.

The court heard Kepa entered an early plea and was considered a “youthful offender”.

Judge Ian Dearden agreed Mr Byrne’s submission was “probably the only sensible way around the dilemma”.

“One hopes that there’ll be some more resources put into it,” Judge Dearden said.

“We were told only a few weeks ago that it was five months and it’s clearly blown out to eight months.”

Judge Dearden told Kepa the facts sent “a chill down my spine” and said an immediate parole eligibility date was only “notional” over what would have been parole eligibility at the one third mark.

“It’s clear the benefit is not a benefit he would otherwise normally have got but reflects the extraordinarily unsatisfactory situation of the parole board not being able to process their applications in time,” Judge Dearden said.

Kepa was jailed for five years with immediate parole. Convictions were recorded.