Bikie: shooting was not that bad
A BIKIE tried to argue that shooting a Sunshine Coast man in the leg during a home invasion was not a serious violent offence - but the Court of Appeal did not agree.
Leslie David Gadd had been jailed for eight years and ordered to serve 80% of that term after the sentencing judge made a Serious Violent Offence declaration.
But Gadd argued a sentence of six to seven years was appropriate and the declaration also was too harsh.
He and another man, who police have never identified, broke into Jason Enrique Gravestein's Little Mountain home on April 9, 2011, searching for drugs and money.
When Mr Gravestein arrived home from a four-wheel-drive show in Brisbane with his partner Emma Burton, he was attacked.
Gadd shot the gun 30cm from Mr Gravestein's leg, the bullet going straight through his thigh.
Gadd's makeshift disguise came away during a struggle and Mr Gravestein recognised him.
He got away with $6000 worth of marijuana but did not steal any money from the safe because Mr Gravestein got away before being forced to open it.
Justice David North said the prospects of Gadd rehabilitating were fanciful and the seriousness of the offending warranted the eight-year term.
He said the serious violent offence declaration, requiring Gadd to serve 80% behind bars, also was not manifestly excessive.
"His honour was correct to identify that the gratuitous violence involving the discharge of a loaded firearm with a view to intimidating and forcing Gravestein to comply with the demands made of him elevated the circumstances to one outside the norm for even this type of offending," Justice North said.
Gadd had serious criminal history dating back to 1986, including burglaries and grievous bodily harm.
The latter involved a dispute about drugs where Gadd was stabbed in the stomach before he shot the other man in the chest during a scuffle.