Hells Angel Nicholas Frank 'Shonky' Cassidy is
appealing his jail sentence that has a 15-month
non-parole period for aggravated assault
A HELLS Angel's
sentence for a "pub fight" was too harsh because the
judge considered the man's motorcycle gang membership
when weighing up his chances of rehabilitation, a court
Nicholas Frank "Shonky"
Cassidy is serving a non-parole period of 15 months
behind bars for aggravated assault.
The attack on two brothers
at the Airport Hotel in 2007 stemmed from a fight
Cassidy had with them earlier in the evening over a joke
about Cassidy's weight.
Cassidy, along with James
Scott Parnwell Knight and four other Hells Angels
associates returned to the pub, and a brawl followed,
which the sentencing judge labelled "frightening". Both
Cassidy and Knight are appealing their sentences.
Cassidy's lawyer Marie
Shaw QC yesterday argued in the Court of Criminal Appeal
that there was a failure to apply the law to the facts
and issues in dispute.
She also said the judge
had placed too much weight on Cassidy's involvement with
a motorcycle gang when considering rehabilitation
"One of the difficulties
here is that the inference that everyone in a motorcycle
gang is necessarily a criminal ... is unfairly made,"
Ms Shaw said Cassidy, a
father of two young children, did not have an extensive
prior record and had a stable family and work situation.
But Justice Dean Mildren
said motorcycle gang membership was an indication of
"If you're going to lie
down with dogs you can't exactly complain if you catch
fleas," he said. "If you consort with people who have a
reputation ... it affects your own reputation."