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Newcastle Herald
Newcastle Herald
National

Killer loses appeal over sentence for threatening poem sent from jail

Convicted killer Justin Fuller has lost an appeal over a sentence for sending a threatening poem from jail.

Justin Fuller has lost an appeal against his sentence for threatening his ex-partner in a poem he sent to her while in jail for manslaughter.

A three-judge panel deliberated for less than five minutes before dismissing Fuller's application in the Court of Criminal Appeal on Monday afternoon.

Fuller was sentenced in February to four and a half years' prison - after he received a 25 per cent discount for entering an early guilty plea.

The charge he faced carried a 10-year maximum jail term.

Fuller was sentenced to nine years in jail after being found not guilty of murder but guilty of manslaughter in 2020 for stabbing his half sister's partner five times in a Belmont South street in 2018.

The sentence for the threatening poem effectively tacked two years onto the time he would spend in jail - before that, he had been due for parole in August 2024.

The court heard on Friday that Fuller believed the sentence for the threatening poem was excessive and that his criminal history had been used for "double loading" by the sentencing judge.

Fuller's barrister Susan Kluss argued that the threats contained in the poem sent in early 2021 were not "immediate" because he was in custody.

Justice Robertson Wright said the fact that Fuller was in jail after being convicted of "an extremely violent crime" made the threatening letter more serious.

As previously reported, the poem read, in part: "From the bottom of my heart, I meant it when I said until death do us part", and "Will you ever feel safe in the dark, knowing that you broke my heart? Could I make killing you a form of art?", as well as "When I get out, you will go mad with doubt. Will the next time you're looking me in the eyes be your time to die?" It ended with "tick tock".

According to an agreed statement of facts, his ex partner felt "terrified" when she read the poem.

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