Sentence appeal bid kicked out

A former kickboxing champion who committed two aggravated burglaries in Wyndham has been denied permission to appeal his jail sentence.

Tyson Folino, 29, faced the Supreme Court earlier this month. The court heard Folino had previously pleaded guilty in the County Court to charges including aggravated burglary, possessing an unregistered handgun and assaulting a police officer in the execution of duty.

He was sentenced to seven years and six months jail, with a non-parole period of five years.

The court heard that in February last year Folino and two other men, one of them carrying a gun, entered at a home in Truganina where a hydroponic cannabis crop was being cultivated.

After two police arrived, Folino and one of the men fled, but were arrested shortly afterwards.

Folino was released on bail later that month. In July last year, he and another co-offender attended a home in Brougham Avenue, Wyndham Vale, that was being used as a cannabis crop house. The court heard Folino entered the home with an unloaded handgun intent on stealing the crop.

When police arrived at the property, Folino yelled “back off” and pointed the gun at them.

He escaped but was found hiding in the roof of a nearby home soon afterwards.

The Supreme Court heard Folino had represented Victoria as a competitive kickboxer between the ages of 19 and 24.

He retired from the sport on medical advice, after suffering a serious concussion and a brain hemorrhage while competing.

Following his retirement from kickboxing, Folino began working at a casino where he was introduced to, and became addicted to, methamphetamine.

The court heard that before taking part in the aggravated burglaries, Folino had been convicted three times for possessing prohibited weapons without approval, twice for burglary and once for assaulting a police officer.

Justice Joseph Santamaria said the two aggravated burglaries represented “an escalation” in Folino’s offending and that it was “difficult to be anything but guarded” about his prospects of rehabilitation.

Justice Santamaria refused to give Folino permission to appeal his sentence.