A YOUNG thug, who thought he had escaped jail over the brutal bashing of a Hervey Bay taxi driver, will be locked up following an appeal by the Queensland Attorney General.
On Tuesday, the Court of Appeal issued a warrant for the arrest of 19-year-old Nathan Levy after finding the original sentence - 30 months with immediate parole - was "manifestly inadequate".
Levy had been celebrating his friend Steve Drobny's 19th birthday when the pair refused to pay a $7.90 taxi fare on the night of July 6, last year.
Their driver, 64-year-old Charles Naja, had warned he would drive them to the police station when he was tackled to the ground and repeatedly kicked and punched all over his body.
Left lying in the foetal position, Mr Naja eventually got up and drove himself to the Hervey Bay Hospital.
Scans revealed he had suffered several fractures to his face and skull which were causing seizures and "terrible pain".
Permanent screws and metal plates were inserted into his face during surgery.
Both offenders were charged with grievous bodily harm but when their day in court came, Levy was allowed immediate parole while Drobny escaped with a community service order.
Attorney General Jarrod Bleijie launched an appeal against both sentences.
While the court dismissed the appeal against Drobny on the grounds his involvement was "limited".
But Justice Phillip Morrison found that in Levy's case, general deterrence for unprovoked, alcohol-fuelled attack, outweighed the considerations otherwise attached to someone of his age.
Levy has been ordered to serve four months in jail.
A warrant will remain on the bench until the end of the week to give Levy the chance to hand himself in.
At the time of going to press, he had not contacted police.
Mr Naja told Channel 7 news that every day he knew his jaw had been broken and was reminded every time he brushed his teeth because he had numbness in his face "which always will remind me of that night".
He said he would have liked Levy to be jailed for longer.
"I mean four months out of a 30-month sentence - I would like to have seen him get half at least," Mr Naja said.
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