Prison assault accused Martin Leigh Hyatt will face trial in December 2019.
Prison assault accused Martin Leigh Hyatt will face trial in December 2019. Contributed

Man with 'appalling criminal history' says bail too onerous

A MAN accused of assaulting a fellow prisoner in the head has complained his bail conditions are too onerous despite telling a court "I have an appalling criminal history".

Martin Leigh Hyatt was serving a sentence at the Capricornia Correctional Centre in late 2013 when Clinton David Williams was allegedly hurt with a sharp instrument, Brisbane Supreme Court heard this week.

Mr Hyatt was charged shortly afterwards, but Mr Williams withdrew the complaint.

Mr Hyatt was re-charged with the offence in 2016.

He pleaded not guilty but was convicted at trial and sentenced to 3.3 years in jail with parole eligibility on May 21, 2019, Justice Leanne Clare noted during Wednesday's bail application.

Justice Clare said that conviction was overturned on appeal in May and a new trial ordered for December this year.

Representing himself via videolink, Mr Hyatt told Justice Clare: "I have got an appalling criminal history."

"I don't see why I shouldn't get bail," he said.

"I can't explain myself properly I feel a bit flustered.

"The time I am in prison is just dead time if I am found not guilty and if I am convicted I am likely to receive a parole eligibility date."

In agreeing with the Rockhampton man, Justice Clare said the the past year and nine months he spent in custody was likely to be a lengthier sentence than a conviction on the assault would likely bring.

As well as ordering Mr Hyatt to live in Townsville with his father, Justice Clare placed him on a strict nightly curfew, ordering him to refrain from using drugs and to report to police three times a week.

"This is too many conditions," Mr Hyatt said in response.

"If I was to plead guilty to this charge tomorrow I would be released (without these conditions) but I got all these conditions on me if I want to plead not guilty."

Mr Hyatt is scheduled to appear in a court at Rockhampton in September and his trial is due to start in December.  - NewsRegional

News Corp Australia


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