Nelly Yoa wins appeal over perjury sentence
He fibbed about being mates with Usain Bolt and crashed the Brownlow Medal red carpet. Now prolific tale-spinner Nelly Yoa has sobbed in his latest court appearance as he dodged jail time.
Law & Order
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Serial fantasist Nelly Yoa has dodged jail after successfully appealing his prison sentence for perjury.
Yoa, 31, sobbed in court as he was resentenced to a three year community corrections order.
The prolific tale spinner who fibbed about being mates with Usain Bolt and hired a limo and fake security entourage for his last court appearance, claimed he just “wants to live a modest life”.
He wiped away tears as he told the judge he was “highly remorseful for (his) stupidity”.
Yoa was sentenced in June in the Melbourne Magistrates’ Court to five months’ jail after pleading guilty to two counts each of perjury and making false police statements.
The charges relate to false allegations he made against an ex-partner who he claimed threatened him with a knife and a gun on two separate occasions in 2016 and 2018.
An investigation by police proved Yoa’s claims false.
Appealing his sentence at the County Court this morning, his lawyer Stephanie Wallace said Yoa’s offending was “somewhat inexplicable” and may have been caused by undiagnosed “psychopathic traits”.
“He has an odd narcissistic and grandiose flavour to his presentation,” she said.
Ms Wallace said a further psychological report may offer “some explanation to his odd behaviour and odd offending”.
But Country Court Judge Trevor Wraight said there was nothing odd about it - rather there was a “sinister aspect (and) nastiness in making up false statements to hurt another person”.
“I don’t accept that he’s got some sort of delusion going on that needs to be investigated further to downplay the offending,” Judge Wraight said.
His honour said he believed the crimes were fuelled in part by Yoa’s drug abuse issues which would be better addressed with a community corrections order.
The court heard the father-of-three had been using cocaine, ice and Xanax heavily throughout the period of offending and as recently as Easter long weekend and at this year’s Grand Prix in Melbourne.
The court heard Yoa had struggled to secure a job in Ballarat where he lives with his wife and children, but presented a letter of offer for causal employment from the Department of Environment, Land, Water and Planning.
At an earlier plea hearing his then-lawyer Chris McLennan revealed he was “shocked” to learn Yoa had managed to secure a job at the Department of Justice - which he lost a month later due to the “negative publicity” of his court appearances.
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Deputy Chief Magistrate Felicity Broughman said at the time she struggled to understand how someone who had pleaded guilty to dishonesty offences could be given a government job.
Outside court today, a tearful Yoa thanked his legal team and said he wanted to move on with his life.
He also walked back comments he made about Magistrate Broughman in which he labelled her a “racist” after she handed down her sentence.
“Australia is not racist … (the comments) were out of anger,” he said.
Yoa was ordered to complete a three year community corrections order during which he must complete drug treatment programs and 250 hours of community work.