No jail for vicious attack on strangers

19 Aug, 2010

LINK


A Canberra man has avoided jail time for his part in a vicious attack on two men who were crossing Northbourne Avenue ''minding their own business''.

Patrick Gillies, 24, told the ACT Supreme Court through his lawyer that he thought his mother was in danger when he set upon the pair shortly after 6pm on June 28 last year.

According to a statement of facts, the victims were crossing the road when they heard someone call out expletives, and turned to find Gillies, his mother, Lisa Chatfield, and another woman, Maria McIntosh, following them.

Gillies caught up to the men on the median strip and repeatedly punched one of them, then tackled the second, who suffered blows from one of the women before freeing himself and calling police.

The trio then attacked the first man, kicking him in the head as he lay on the ground.

They went across the road and returned with a shovel that Gillies used to beat the man, yelling, ''I am going to kill you, c---.''

One of the women repeated the assault, then, when the man tried to get to his feet, Gillies whacked him between the shoulders.

Police later arrested the assailants and the man was taken to Canberra Hospital with facial injuries, a scalp wound and broken teeth.

Yesterday, the court heard Gillies, who pleaded guilty to assault occasioning actual bodily harm, was drunk at the time of the offence and had mental health problems.

Justice Richard Refshauge said sentencing Gillies for his part in the ''vicious, brutal, prolonged and apparently unprovoked'' attack in Braddon was difficult, partly because he had no previous convictions.

Gilles did not give evidence and provided no explanation for the violent assault, other than that he felt his mother was in danger and he would ''do anything to protect [her]''.

But Justice Refshauge said there was nothing in the statement of facts that indicated Gillies had a reason to attack ''two men apparently minding their own business''.

A pre-sentence report said Gillies had dropped out of school because he felt he was being racially vilified, and had never held a job.

He started drinking heavily in his early 20s, when his mental health problems increased, but said he had not drunk since the incident save for at Christmas.

Justice Refshauge gave Gillies a nine-month prison sentence, fully suspended on him signing a two-year good-behaviour order and 50 hours of community service. The court heard Chatfield was sentenced to six months of weekend jail for her part in the attack and that McIntosh was given an eight month suspended sentence with a two-year good-behaviour order, and that both women had significant criminal histories.

Gang attacks man

August 15, 2010

LINK

POLICE are investigating a vicious, unprovoked attack on a man by a gang of up to 10 men at the Eltham railway station car park on Friday night.

Senior Constable Mia Paterson said the victim, 37, from St Andrews, was set on by the gang about 7pm. The gang members were described as males aged 16 to 20.

Police investigate Sydney gay bashing

August 14, 2010

LINK

A prominent gay rights activist was among four men allegedly assaulted by a lone attacker on Oxford Street in central Sydney on Monday night, in what the activist believes was a homophobic hate crime.

Police have charged a 34-year-old male with assault occasioning actual bodily harm in relation the attack on activist Simon Margan - the co-convenor of Community Action on Homophobia - and three other men.

The attack left Mr Margan bleeding on the ground with a severely fractured left eye-socket.Police will allege it was one of four separate assaults by the same man at different locations along the famous party strip.

Mr Margan was treated at St Vincent's Hospital along with another of the alleged victims who suffered bruising and swelling to his left eye.

"I was walking up Oxford Street toward Crown Street when a flying kick just missed my head," Mr Margan said.

"I thought he might have a knife, so I stepped back to call for help. When I turned away to call down the street he kicked me again - hitting me in the eye."

Mr Margan said the same man had made violent homophobic comments toward him a few days earlier as he put up posters promoting a gay rights rally taking place a Sydney Town Hall today.

"Every time I turned around he was there ranting about eradicating gays on Oxford St. It was more full-on than you usually get, so when I saw him on Monday night I was really scared he was going to do something extreme."

The 34-year-old make was denied bail to appear in Central local court on Monday, where police will allege that he was affected by alcohol. They also will present video footage from CCTV cameras on Oxford Street as evidence.

A police media spokesman said that there was "no indication that the men's sexuality was involved[as a motive] in the attack", but Mr Margan said he was in no doubt about his attacker's motive.

He said gay hate crimes were not uncommon on Oxford Street, but were only occasionally reported.

"People seem to think, 'I've been assaulted, I'll just get on with my life'," he said.

"We need people to call these attacks what they are - hate crimes. If people don't report them, then they're not setting an example for the next time it happens and the next time."

The Town Hall rally is part of a nation-wide action calling for marriage equality.

Bashing pair have sentences reduced

June 24, 2010

Two men jailed over an unprovoked Geelong bashing three years ago have had their sentence reduced.

Michael Tancredi, an aspiring V8 Supercar driver, was sentenced last year in Geelong County Court to four years' jail with a minimum of two years and eight months, while Andrew Pamvouxoglou was imprisoned for three years with a non-parole period of two years after both pleaded guilty to recklessly causing serious injury in relation to the assault on June 15, 2007.

They appealed their sentence on the ground that sentencing judge Anthony Howard had erred in reasoning that they did not foresee the full consequences of their actions - namely the serious brain injury that victim Nathan Cafaro suffered.

They also argued that their sentences were manifestly excessive.

Court of Appeal justices David Ashley, Robert Redlich and Robert Osborn agreed and handed down their reasons this morning.

The sentencing judge had heard that Tancredi kicked a drunk Mr Cafaro in the chest and punched his jaw "so hard and effectively that he collapsed onto the pavement" after Mr Cafaro kicked an empty can in their direction and then punched a phone box as they walked past him as he waited for a cab at 1.20am in Moorabool Street.

Pamvouxoglou then kicked Mr Cafaro twice to his upper body as he lay on the ground in the foetal position.

A witness testified that the pair were "clearly hitting a person who was not able to fight back".

The men left Mr Cafaro bleeding and unconscious at the scene. They later returned to where the assault took place to find an ambulance and police present, but again drove off.

Justice Howard described the impact on Mr Cafaro as "horrendous". He required emergency surgery for a serious brain injury and endured six months of rehabilitation but has since fully recovered with no permanent brain damage.

The men handed themselves into police the following week.

The Court of Appeal judges found that "the appellants should be treated as having had foresight of serious injury, but not brain injury of the gravity actually sustained by the victim".

They ordered Pamvouxoglou to serve two years' jail with a non-parole period of 14 months and Tancredi to serve three years with a non-parole period of two years.

*********************************************


There you go. Give some drunk a flogging then get your sentence reduced because you didn't know that you could have caused serious injury resulting in the poor bloke requiring "EMERGENCY SURGERY" for a "SERIOUS BRAIN INJURY" fortunately the bloke recovered but only after "6 MONTHS REHABILITATION"


There was a witness who was great at telling the judge what s/he saw but that did a fat lot of good to the guy whilst he was sustaining an unprovoked beating.