‘Larrikin’s’ prison term reduced

Press, 26 July 1978, Page 4

‘Larrikin’s’ prison term reduced

A “larrikin who went berserk while under the influence of alcohol” at a cabaret held in the Gaiety Hall at Akaroa and caused almost $lOOO worth of damage, has had his sentence of one year’s jail on a charge of assaulting Mr Arnold Hepburn with intent to injure, reduced to six months on appeal by Mr Justice Casey in the Supreme Court. Mr L. C. Watson appeared for the appellant, Gary John

Bisset, aged 25, a fisherman, of Timaru, and Mr D. J. L. Saunders for the police. The police said in the Magistrate’s Court that Bisset had been asked to leave a cabaret organised by the Akaroa Trotting Club on April 22 after a plate was dropped on the floor during supper. Bisset was escorted to the door when he struggled violently. When Mr Edward McNab went to the doorman’s assistance he was punched

and kicked about the head by Bisset, who then locked himself in the women’s lavatory, where he smashed fittings and furniture worth $9B.

After smashing a chair he took an arm from it and knocked Mr Hepburn unconscious with it. He went onto the stage and caused damage estimated at $B5O to musical instruments and electronic equipment. In addition to the charge of aggravated assault on Mr Hepburn Bisset pleaded guilty to charges of assaulting Mr McNab, resisting the police, and wilfully damaging furniture and musical instruments. The sentences imposed on the latter charges by the Magistrate were not altered.

His Honour said that he proposed allowing the appeal to the extent of reducing the sentence on the charge involving Mr< Hepbum from 12 to six months imprisonment. “This was a disgraceful performance,” his Honour said. “I have listened to what has been said in mitigation of the offence, but even if this man thought that he had been provoked there is simply no excuse

for what took place that night. “He quite clearly went be serk under the influence of alcohol and such conduct is in keeping with what is demonstrated in the series of convictions and fines for assault set out in his probation report. “He is nothing but a larrikin when he gets a few drinks in and I agree with his counsel that it’s a pity somebody did not see fit earlier in his career of violence to give him a short sharp prison sentence, which is obviously deserved, instead of the series of fines, which, I suspect, he had little difficulty in paying," said his Honour. In Bisset’s favour was that he was obviously a hard worker and a good family man. What he needed was a sentence of sufficient severity to bring home to him the seriousness of his conduct and what was likely to happen in the future. “For that purpose 12 months is excessive and I reduce it in the hope that he will learn his lesson and bring his temper and predilection for violence under much better control in the future,” his Honour said.