Deportation should mean shorter sentence: Pullen killer

Timothy Pullen.
Timothy Pullen. Contributed

ONE of Timothy Pullen's killers says the prospect of being sent back to New Zealand means he should spend less time behind bars.

Zane Tray Lincoln has taken his nine-year sentence for Mr Pullen's manslaughter to the Queensland Court of Appeal.

The court heard Lincoln is expected to be deported to his native New Zealand when he is released on parole.

Lincoln's barrister Mark McCarthy said the prospect of deportation should be seen as "additional hardship" for his client. Lincoln is married and has five children in Australia.

Mr McCarthy said if Lincoln applied for special consideration to not be deported he could face an "indefinite period in an unspecified detention centre".

But Justices Margaret McMurdo, Philip Morrison and Anthe Philippides all said they were struggling to follow Mr McCarthy's argument.

Justice Morrison said if Lincoln is deported he will not have to follow parole conditions as he would if he stayed in Australia.

Mr Pullen was killed on April 17, 2012 over a drug debt of about $7000. It is not known how Mr Pullen was killed.

Lincoln's co-offenders Luke Stephen Kister and Stephen Dale Renwick also appealed their sentences. They pleaded guilty to being accessories after the fact to Mr Pullen's killing.

Renwick and Kister helped dump Mr Pullen's body in the bush hours away from Mackay. His body has never been found.

Renwick's lawyer Angus Edwards said his client had attempted to assist police and deserved a lesser sentence to recognise this.

"There should be at least some support for offenders who attempt to assist the authorities," he said.

Justice McMurdo said it was a "tricky" situation as there was no way to know whether Renwick's assistance had been "genuine or not".

Justice Morrison said Renwick's assistance was limited to an unsuccessful attempt to find Mr Pullen's body.

"All he did was go out and try to find a body. He didn't blab on anybody," he said.

Kister's barrister Mark Copley told the court his client's five-year sentence "was too long".

He said Kister helped Renwick, who was his housemate and employer, dispose of the body out of "misguided loyalty" and possible fear of the killers.

"Five years is just too long a sentence for a man as young as my client was who got involved out of a misguided sense of loyalty to his employer and housemate."

Mr Copley said Kister should be eligible for parole in May next year after serving nine months in jail. Justice Philippedes said this would be "quite an early" parole.

The court will deliver its decision at a later date.


Topics:  court of appeal deportation manslaughter timothy pullen

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