Appeal denied for man involved in penis-hacker murder

THE Queensland Court of Appeal has rejected suggestions a Fraser Coast heroin user should have a reduced sentence for his role using a baseball bat to help bash to death a man whose penis was later cut off.

Noel Allan Clark was gruesomely murdered in a jealousy-motivated attack in 2009 after a woman lured him to a Maryborough house where two men were waiting.

This accused man, who has not been identified in the written judgment, pleaded guilty to manslaughter and interfering with a corpse for his role in that December 2012 night.

He was sentenced to nine years and nine months jail with 194 days pre-sentence custody declared time served.

The manslaughter was declared a serious violent offence which means he must serve 80% of his sentence behind bars.

This man argued in the Queensland Court of Appeal that his manslaughter sentence was manifestly excessive and the sentencing justice had erred on multiple fronts, including parity with the female co-offender who chopped off Mr Clark's penis after death.

Appeal Court president Margaret McMurdo said the group attack leading to the death was premeditated and this accused had repeatedly bashed the victim with a baseball bat.

Justice Philip Morrison also refuted any suggestions of parity with the female co-offender, noting this accused was "deeply involved" in planning the attack and inflicting physical violence.

"I am not satisfied that the term imposed on the applicant was manifestly excessive," he said.

"… the applicant was centrally involved in the disposal of the body in such a way that it has not been discovered."

Justice Morrison said the man's co-operation, including directing police to forest at Beerburrum on the Sunshine Coast to search for the body, was "relatively insignificant".

He said there was an extensive search of the area and nothing at all was found.

SES volunteers even used metal detectors because Mr Clark, 33, had titanium plates after a car crash, but there has still been no sign of the body or the bedding his body was supposedly wrapped in.


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