A prisoner has been released midway through his non-parole period as he appeals a jail sentence over his involvement in a violent Canberra home invasion.
Alexander Douglas Jeremy Warne, 33, was sentenced by the ACT Supreme Court last month to two years and six months behind bars, with a non-parole period of 15 months.
The 33-year-old was granted bail by the ACT Court of Appeal on Thursday while he appeals his sentence for aggravated burglary and property damage over a home invasion in September 2020.
Warne was found to have been one of four men, three of whom were armed with either a baseball bat or stick, who entered a Taylor home while a woman slept inside with children aged one and seven.
Smashing their way into the house, the men chased the woman and her children out of her home into the backyard, and Warne threw a stick at the woman.
The four men, one of whom was a teenager, smashed walls, windows and a toilet seat in the home, before stealing an Xbox and a glass bong.
Warne appealed the sentence, handed down by acting Justice Stephen Walmsley, which would have made him eligible for release in March 2023.
The two-and-a-half year sentence was backdated to start in December 2021, meaning Warne had served more than six months of his 15-month non-parole period prior to his bail bid.
On Thursday, Justice Michael Elkaim granted Warne bail pending his appeal hearing in November, noting Warne "would have spent about 75 per cent of the non-parole period in custody" by that date.
Justice Elkaim agreed with Warne's barrister, Claire O'Neill, who argued there was a disparity between Warne's sentence and the sentence of one his co-offenders, making for strong grounds of appeal.
Damien Thomas Andy, who was described as the "the principal instigator" of the incident by acting Justice Walmsley, was also sentenced to two years and six months' imprisonment by former Chief Justice Helen Murrell.
However, the sentence was suspended with immediate effect after Andy had spent about five months in custody and gave evidence against Warne.
"I think the parity point is enough to establish the arguable grounds of appeal necessary to ground a finding of special or exceptional circumstances. I therefore intend to grant the stay and bail," Justice Elkaim said.
He imposed bail conditions including to report to Woden Police Station three times a week, accept supervision from ACT Corrections Services and not go within 100 metres of any international point of departure.
