In 2014, a new motorcycle club, purporting to be aligned with the Rebels Motorcycle Club, was established in the Gold Coast area. Police allegations were that the club met regularly and had recruited a large number of new members.
In 2015 a member of the alleged club was arrested and charged with the serious offences including:
- acts intended to maim – life imprisonment;
- extortion – life imprisonment;
- two counts of assault occasioning bodily harm whilst armed/in company – 10 years imprisonment;
- robbery with personal violence in company – life imprisonment;
- enter dwelling with intent in company – life imprisonment; and
- torture – life imprisonment.
The client engaged Alan Phillips of our office. He was later charged with further offences of:
- trafficking in dangerous drugs – 25 years imprisonment;
- retaliation against a witness as a vicious lawless associate – 10 years;
- deprivation of liberty – 3 years; and
- arson – life imprisonment.
The maximum penalty for the most serious offences were life imprisonment, with a mandatory 15 years of cumulative actual custody due to the allegation of being a Vicious Lawless Associate.
Alan Phillips of our office reviewed the brief extensively and following negotiations with the DPP, the serious charges of torture, Acts intending to maim, extortion and deprivation of liberty were discontinued.
Our office made submissions in relation to the trafficking to amend the schedule of facts to reflect the low-level offending of our client. This was accepted, and his minor participation reduced his sentence considerably.
Alan Phillips of our office instructed Douglas Wilson of Counsel at sentence. The DPP sought a sentence of above 10 years to activate a serious violent offender declaration which would require him to serve 80% of his sentence in custody. Despite the extreme nature of the offending, our client was given a head sentence of 9 and a half years imprisonment, and granted parole eligibility after serving 1 year and 10 months imprisonment.
If you are interested in our criminal lawyers acting on your behalf, please call either Alan Phillips on 3009 8469 or Nicholas Crawford on 3009 8467.
