A FORMER New Boys street gang member had
20 minutes to prepare for a Hindley St
brawl in which he claims he was acting
in self-defence, a magistrate has said.
21, of Elizabeth East, appeared in the
Adelaide Magistrates Court yesterday, where
Deputy Chief Magistrate Dr Andrew Cannon
found him guilty of one count of affray.
cleared Jessen, who now has alleged links
with the Finks, of aggravation - a
prosecution claim that he was armed with a
chain and padlock at the time.
judgment, Dr Cannon dismissed the former
Central District player's claims he was
acting in self-defence, but said Jessen and
his companions did not start the fight.
subjectively Jessen might have considered
his actions were in self-defence. However
Jessen did not provide a statement or
evidence to sufficiently back that up.
reasonable person, representative of
community standards, would have considered
leaving the area, or going inside and
locking the door, or going to a nearby
police station," he said.
upon their own resources to use violence to
repel an expected attack (Jessen) and his
companions willingly participated in the
affray that occurred.
they used was unlawful."
of the assault, which occurred outside the
Ink Central tattoo parlour on April 12,
showed Jessen and friends "limbering up",
then a fight ensuing involving chairs and
some bars used as weapons.
man or woman . . . faced with the knowledge
of an impending attack would have considered
and taken credible alternatives to physical
self-defence in the 20 minutes during which
(Jessen) and his companions prepared
themselves," Dr Cannon said.
be seen swinging his right arm as if to
strike another man on at least two
"He appears to
throw a right-handed punch."
remanded Jessen on continuing bail to appear
for sentencing in August.
Jessen also pleaded guilty to one count of
affray for an incident in December 2009 in
Adelaide. He will face sentencing for that
at a later date.