Baked beans and scalding water were deployed in the attack.
Baked beans and scalding water were deployed in the attack. Victorgrigas

Baked bean assault: Attacker wins appeal

AN ATTACKER who kicked an inmate during a boiling water and baked bean can attack has won an appeal.

Justin Benjamin Kussrow and another Wacol inmate gave the man a brutal hiding in 2016, believing the victim had hurt Kussrow many years before.

Kussrow previously appeared in an Ipswich court, and was in jail for armed robbery when he hatched the attack.

Queensland Court of Appeal heard the attack was believed to be an act of misplaced revenge.

Kussrow, then 26, poured boiling water over the 33-year-old target.

He then kicked the victim "many times," the appeal court said in a new judgment.

Another prisoner helped Kussrow by whacking the man with a tin of baked beans wrapped inside a sock.

After the attack, Kussrow was jailed for six years and made ineligible for parole until June 2022.

But that sentence was excessive, Kussrow's barrister Deborah Holliday told the appeal court earlier this year.

And the top court has now slashed Kussrow's non-parole term by a year.

The beaten man had deep burns to his chest, right shoulder and abdomen, and superficial burns to his face, neck and upper limbs.

"The injuries were not life endangering but the complainant's chest and right shoulder areas have permanent scarring," Justice Robert Gotterson said in the new judgment.

Justice Gotterson said six years' jail was not manifestly excessive in this case, but the parole eligibility date should be brought forward.

This would take account of Kussrow's plea of guilty to grievous bodily harm, and "the need to avoid an overall crushing sentence".

So Justice Gotterson said Kussrow was now eligible for parole on June 5, 2021.

The appeal court previously heard Kussrow thought his target was a man who abducted him years earlier.

The court heard Kussrow's mother told her son the victim was not somebody who harmed him as a boy, but Kussrow went ahead anyway.

- NewsRegional



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