Australasian Biker News
Bikie wins appeal over bashing
Article from: Sunday Mail (SA)
NIGEL HUNT
June 29, 2008 12:30am
A SENIOR member of the Hell's Angels motorcycle gang has had a
seven-month prison sentence for bashing and then threatening a nightclub
bouncer overturned after appealing to the Supreme Court.
The State Government may launch an appeal against the decision, with
Attorney-General Michael Atkinson calling for an urgent report on the
case.
The well-known Hell's Angels member was last year banned from attending
a city nightclub because he posed "a serious danger" to patrons.
The bikie, whose identity is suppressed, pleaded guilty to two assault
charges in Adelaide Magistrates Court on March 13, the day his trial was
to start.
He was sentenced to seven months' jail by Deputy Chief Magistrate Dr
Andrew Cannon, who refused to suspend the sentence because it would not
be a "sufficient deterrent" to the man or others.
The man's lawyer, David Edwardson QC, immediately appealed both the
sentence and Dr Cannon's decision not to suspend it on the grounds it
was manifestly excessive and that Dr Cannon erred in not suspending it.
In his judgment handed down this week, Supreme Court Justice Michael
David dismissed the first ground of appeal, but granted the second.
Court documents show the offending happened about 4.30am on Saturday,
January 13, 2007, when the gang member was refused entry to The Palace
nightclub in Hindley St.
After being refused entry by a bouncer, whose name is suppressed, the
bikie punched him in the face. The bouncer was also bashed by a number
of other men. The bikie had also chased the bouncer and punched him a
second time, breaking his nose.
About 6.40pm the next day, after viewing a recording of the incident, a
police officer telephoned the bikie to arrange an interview with him.
About 10pm the bikie had driven his car past the nightclub and had made
eye contact with the bouncer, had pointed his left hand at him and made
a gesture "as though to shoot him with a pistol".
In his judgment, Justice David said the offending relating to the first
count, the attack, was "very serious".
Justice David said count two was also "very serious" because "of an
intention on the part of the appellant to dissuade V (the victim) from
taking legal proceedings".
Justice David allowed the second ground of appeal because Dr Cannon did
not weigh up the man's personal circumstances – the fact there was no
relevant prior offending and his work history – in considering his
discretion to suspend the sentence.
He imposed a fresh seven-month jail sentence, but suspended it on the
condition the man enter a three-year, $1000 good behaviour bond.
While senior police would not comment on the Supreme Court appeal
decision, rank-and-file officers involved in policing bikies were
disappointed.
"Time and time again these people are put before the court for very
serious offences and are convicted, but manage to stay out of jail," one
detective said.
"It makes it very, very hard for us to convince witnesses in cases such
as this to co-operate with us.
"They are scared witless of these people and when they see this happen,
they will think twice about stepping up to the plate".
Mr Atkinson said cases such as this were "prime examples of why tougher
legislation is needed to crack down on criminal bikie members".
"The first of the package of new laws to target outlaw motorcycle gangs
is now in force and the rest will become effective in the next month or
so. I have requested a report on this case from the Director of Public
Prosecutions".