Tyson Armstrong appeals jail sentence for killing Melbourne father Luke Francis at Crown Casino

A Geelong fencer who killed a Melbourne dad in a drunken assault at Crown Casino is looking to have his jail time slashed.

Tyson Armstrong. Picture: NCA NewsWire / David Crosling

A Geelong fencer jailed for killing a dad in a brutal assault at Crown Casino after a boozy night out is appealing his sentence.

Tyson Armstrong, 29, pleaded guilty in the Supreme Court in Melbourne to manslaughter in December 2022 and was sentenced in June 2023 to a maximum of 10 years jail with a non-parole period of eight years.

On March 27, 2022, Armstrong went to Crown Casino with his cousin after a night out in Melbourne.

Armstrong had a brief encounter with Melbourne dad Luke Francis at the casino.

The pair exchanged a few words before Armstrong initiated his violent and unprovoked assault, which ultimately caused Mr Francis’ death.

On Tuesday, Armstrong was seeking leave to appeal his non-parole period, with his lawyer arguing that the sentencing judge at the time did not consider Armstrong’s prospects of rehabilitation during his sentencing remarks.

Luke Anthony Francis was killed. Picture: Supplied

At the time of sentencing, Justice Andrew Tinney said Armstrong’s prospects of rehabilitation in future depended largely on his ability to cease drinking altogether, or substantially reduce his intake.

“As things currently stand, it is not possible to view your rehabilitative prospects in a favourable light,” Justice Tinney said at the time.

Armstrong’s lawyer, Georgina Connelly, said the steps her client had taken to address issues with alcohol were not talked about during sentencing.

She also said there were no references at all in the sentencing remarks about “the applicant’s state of mind at the time of sentencing about his preparedness to do exactly what the sentencing judge said his prospects of rehabilitation depended upon”.

Family of Luke Francis – Stepfather, sister Emily Harris and mum Michelle Harris. Picture: NCA NewsWire / Nicki Connolly

On Tuesday the court heard Armstrong, who had issues with alcohol, had abstained from drinking since August 2022.

Ms Connelly said in terms of insight, Armstrong said the offences made him take a hard look at himself and that he realised there was something wrong with him when he drank.

Referencing a psychological report, Ms Connelly said Armstrong was very open and willing to engage in whatever alcohol counselling might be available.

She said none of those items from the report were mentioned in the sentencing remarks and no allowance was made for the incident to become a turning point for her client.

“There was no factoring in of Mr Armstrong’s acknowledgment or present commitment to do exactly what his rehabilitation depended upon,” she said.

A decision to grant leave to appeal will take place at a later date.

Originally published as Tyson Armstrong appeals jail sentence for killing Melbourne father Luke Francis at Crown Casino