Andrew Barton Clarke-Davis, 21, has walked free after his sentence over the Broadbeach bikie brawl was reduced
BRISBANE judge has shaved a third off a jail term handed out by the state’s Chief Magistrate to a Bandidos “prospect’’ over the now-infamous Broadbeach bikie brawl.
District Court Judge Brad Farr has accepted an appeal by Andrew Barton Clarke-Davis and cut a nine-month sentence imposed by Chief Magistrate Tim Carmody to six months. Judge Farr said the time imposed was too harsh.
Judge Carmody in January told Clarke-Davis he wished he had the power to have locked him up for longer.
Clarke-Davis, 22, had been serving time in solitary confinement since December 13 for his role in a riot outside Broadbeach’s Aura Tapas and Lounge Bar, which involved about 60 Bandidos gang members on September 27 last year.
The Sunday Mail in January revealed Judge Carmody had controversially told Clarke-Davis if it wasn’t for the sentences imposed on three co-offenders who had already been dealt with in other Queensland courts, he would have given him at least a year behind bars.
Andrew Barton Clarke-Davis, 21, has walked free after his sentence over the Broadbeach bi
Andrew Barton Clarke-Davis, 21, has walked free after his sentence over the Broadbeach bikie brawl was reduced.
“However … it seems to me that if I impose a sentence that I think the defendant deserves, he is likely to be left with a sense of grievance,’’ Judge Carmody said at the time.
But Clarke-Davis appealed against the sentence imposed, and Judge Farr agreed.
“I am satisfied that the sentence imposed was manifestly excessive,’’ Judge Farr said in a written decision.
“A sentence of six months’ imprisonment, that requires (Clarke-Davis) to serve the time that he has already spent in custody, would be appropriate in all of the circumstances.’’
Having already served 89 days, Clarke-Davis was granted immediate parole.
