The Court of Appeal has today halved the sentences handed out to two Sunshine Coast men convicted of bashing a Noosa taxi driver.

Judge Walter Tutt in August this year labelled the actions of four men involved in the bashing as “cowardly and despicable”.

The 63-year-old taxi driver suffered a bloody nose, two black eyes, a broken denture plate, bruises and grazing in the attack.

The court had earlier heard that the two main offenders had been drinking in May last year when they decided to go and buy more alcohol.

On their return, they were driving down Hastings Streets, Noosa Heads, when an argument broke out with the occupants of another car.

Their car pulled up next to a taxi rank and one of them got out, hurled abuse and ran towards the other car, which was parked opposite.

As it drove off, the main offender, Dale Sydney Love, 21, of Tewantin, yelled abuse and kicked the back of the car.

"Love then exposed his buttocks before running back across the street to the taxi rank, where he began to punch and kick one of the waiting vehicles," court documents state.

The driver of the taxi being attacked got out to remonstrate with Love before Love punched him in the head and continued to punch him in the face.

The other main offender, Joel Steven Lude, 23, joined the assault, punching and kicking the driver. Other driivers came to his aid and the attack ended.

“Your actions were as cowardly and despicable as they were criminal,” the judge told the accused at their original sentencing hearing.

He sentenced them both to 18 months in jail, with parole next February.

Judge Tutt said Mr Love and Mr Lude acted in an “irrational and belligerent manner”, culminating in a flurry of punches and kicking on a man earning his living.

He said the man explained in a victim impact statement that he was “stunned and dazed and also quite frightened”, and was “clinging to my cab to (hold) myself for fear of falling to the ground and not being able to protect myself from further kicking”.

Prosecutor Anna Smith said he “had nowhere to go, he could only try and protect himself”.

The man needed several days off work to recover, had dizzy spells upon his return and now declines lucrative evening work.

But in the judgment handed down today, the Court of Appeal set aside the original sentence and ordered that Mr Love and Mr Lude be sentenced to only nine months' jail.

The court ordered that Mr Lude, who had no previous convictions, be eligible for parole immediately, while Love, who had prior convictions, be released on parole on November 8.

The judges said the sentence of 18 months' jail was "excessive, having regard to the facts that no weapon was used, there was no premeditated aspect to the assault.. and it did not result in any serious injury".

"The imposition of six months actual custody did not properly recognise the importance of rehabilitation for young offenders such as these, without significant previous convictions," the judgment said.

http://www.thedaily.com.au/news/2007/oct/02/taxi-driver-bashing-sentenced-halved/