A junior bikie involved in the Broadbeach brawl would be spending more time behind bars had it not been for the sentences already imposed on other rioters.
A wannabe bikie who stood at a doorway of Gold Coast restaurant while other Bandidos rioted inside will serve four and a half months in solitary confinement.
However, a magistrate says he would have locked him up for longer had it not been for the sentences already given to fellow rioters.
Andrew Clarke-Davis, 22, was a probationary Bandido when he acted as a rear guard during the disturbance at the Broadbeach restaurant.
The out-of-work labourer was sentenced to nine months in prison, to be suspended after four and a half months, in the Brisbane Magistrates Court on Monday.
He has already served 38 days in solitary confinement and won’t be released until April 28.
Brisbane Chief Magistrate Tim Carmody says it’s “just” punishment, considering the sentences imposed on his co-offenders.
He wanted to sentence Clarke-Davis to 12 months’ imprisonment, with a parole date of June 20.
“However, because of the sentences that have already been imposed on others involved in this riot … it seems to me that if I impose the sentence that I think the defendant deserves then he’s likely to be left with a sense of grievance because of the disparity,” Magistrate Carmody said.
Craig Jackson, 39, was ordered to serve at least a third of the six-month prison sentence he received for his role in the riot.
Jackson was part of the group that entered the restaurant, with the sentencing magistrate noting his presence “added to the weight of intimidation by numbers”.
Joel Leavitt, 20, was sentenced to four months in prison, to be suspended after 21 days, for holding up a chair during the brawl.
Hamza Elcheik, 21, was sentenced to 150 hours of community service for yelling at police after the violence erupted.
The brawl at Aura Tapas & Lounge Bar, on September 27, involved up to 60 bikies, with 20 of them storming inside to threaten rival gang members.
Clarke-Davis was seen standing at the doorway and was part of a large group that milled around outside after the fight.
The feud sparked the Newman government’s bikie crackdown, which included the introduction of strict legislation such as mandatory sentences of up to 25 years for serious crimes.
Mr Carmody said the brawl put public safety at real risk.
“It was an apparently premeditated, arrogant and dangerous act of mob violence that threatened to escalate out of control in a busy street,” he said.
Clarke-Davis was also sentenced to one day’s imprisonment, to be served concurrently, for obstructing police when they tried to arrest him 11 weeks after the brawl.