Twist in ‘inhumane’ Esky death appeal as trio handed new jail terms

Three men jailed for the manslaughter of a drug dealer detained in ‘inhumane’ conditions have won their appeal but won’t leave prison any sooner.

Three men jailed for the manslaughter of a Queensland drug dealer kept in “inhumane conditions” in a fishing Esky have won an appeal against their sentence – but won’t exit prison any sooner.

Stephen John Armitage, Matthew Leslie Armitage and William Francis Dean were last year sentenced for the unlawful killing of Gold Coast man Shaun Barker in 2013.

Mr Barker’s charred remains were found scattered across a remote forest in Gympie, north of Brisbane, in 2014.

A cause of death could not be determined, but the court was told he died from injuries caused by “serious violence” while he was kept in a fishing Esky in “inhumane” conditions.

Shaun Barker died from injuries caused by ‘serious violence’ inflicted on him while he was detained in ‘inhumane’ conditions, a court has been told.

Witnesses gave evidence that Mr Barker was deprived of food, given drug-laced water and had honey poured on his genitals to attract ants.

The trio were resentenced on Tuesday by the Court of Appeal, but a legal loophole over their time already spent in pre-sentence custody meant the discount wouldn’t free them any sooner.

All three men were jailed in 2018 over Mr Barker’s murder, but their convictions were overturned on appeal as they argued they did not intend for the victim to die.

Matthew Leslie Armitage.

Stephen John Armitage.

The crown also dropped charges of torture against the trio.

Stephen Armitage and Dean were both jailed last year for 10 years, while Matthew Armitage was sentenced to eight years’ prison for Mr Barker’s manslaughter.

A sentencing error meant their jail terms were not properly discounted with time served in pre-sentence custody.

“The sentences to be imposed by this court should commence from February 21, 2018,” Justice Flanagan said.

“These sentences will appear to be higher … however, the fresh sentences do not have the practical effect of imposing a higher sentence given their retrospective commencement date.”

Stephen Armitage and Dean both received jail terms of 11½ years, while Matthew Armitage received a 9½-year jail term.

Both Armitage men had 1237 days in pre-sentence custody between October 2014 and February 2018.

Dean had 370 days imprisonment between October 4, 2014 and December 2015 declared as time served. He will be eligible for parole in April 2026.