In­truder bash­ing case

Mandurah Coastal Times - - COASTAL TIMES -

A MAN ac­cused of us­ing ex­ces­sive force against an in­truder dur­ing a ram raid at his fa­ther’s mower busi­ness last April has es­caped jail time.

Shane Fisher (30) was sen­tenced in Perth District Court on Thurs­day to an 18 month sus­pended jail term for caus­ing griev­ous bod­ily harm.

The court heard that Mr Fisher and his fa­ther Pat were on the way home with din­ner, when Mr Fisher Snr re­ceived a no­ti­fi­ca­tion there was a break in at his Mower Magic busi­ness.

When they ar­rived the back roller door was de­stroyed.

The court heard that se­cu­rity cam­era vi­sion cap­tured vic­tim Peter John Bryant load­ing mow­ing equip­ment into a trailer.

The vi­sion showed Fisher chased Bryant, who tripped.

Fisher strad­dled him and punched him ap­prox­i­mately 15 times.

At one point Fisher was seen pick­ing Bryant up at waist-height while un­con­scious and drop­ping him on the ground.

Bryant spent 15 days in in­ten­sive care at Royal Perth Hospi­tal and 17 days in the brain re­ha­bil­i­ta­tion unit at Fiona Stan­ley.

Coun­sel for the ac­cused Max Crispe de­scribed the in­ci­dent in April as an “over­re­ac­tion”, but said his client was not a vig­i­lante.

This is the first case of sig­nif­i­cant of­fend­ing on Fisher’s record.

Pros­e­cu­tion lawyer Gabrielle Clarke de­scribed the of­fend­ing as “re­venge”.

She said the busi­ness had been suf­fer­ing and had nu­mer­ous break-ins in the past.

“Al­though the vic­tim was clearly not a law abid­ing cit­i­zen that evening, he is still en­ti­tled to the full pro­tec­tion of the law,” she said.

“A mes­sage must get out that vi­o­lence of this sort, vig­i­lante jus­tice, is in­tol­er­a­ble.”

The Fish­ers re­ceived an over­whelm­ing amount of pub­lic sup­port fol­low­ing the at­tack.

More than 14,000 peo­ple signed a pe­ti­tion ask­ing WA At­tor­ney Gen­eral Michael Mischin to drop the charges against Fisher and his fa­ther.

Bryant and Mr Fisher Snr will face court this year.

A smashed roller door at Mower Magic.

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