Man bashed after ‘drug set-up’ goes wrong
A DRUG set-up backfired on three would-be tricksters when the man they lured to a meeting wised up to their plan.
The deal still ended badly for the victim, who was bashed and kicked, with his car damaged.
Joshua Bond and Patrick Abeleven on Thursday went before Ipswich District Court for sentence over the incident.
A third co-offender will appear before the Children's Court.
Joshua Raymond Bond, 20, and Harrison Patrick John Abeleven, 22, each pleaded guilty to assault doing bodily harm in company at Brassall on October 31, 2019; attempted stealing; and wilful damage.
Crown prosecutor Amanda Robinson said both the accused had been subject to probation orders at the time, and both spent three days held in the police watch-house when arrested on the fresh charges.
She said Abeleven's criminal history included matters of violence and dishonesty, with a conviction for assaulting a stranger in a carpark, and wilful damage involving $3000 in graffiti clean up costs when he sprayed profanities at a soccer club.
In the new charges, Ms Robinson said Abeleven, Bond and a young offender went to Brassall that night and met the male complainant.
They demanded his wallet and the keys to his car.
Ms Robinson said Bond and the accused young person had smashed a window and the windscreen of the victim's car when they left.
Ms Robinson said Abeleven was party to the wilful damage offence.
Photographs were tended of the victim showing his injuries, which included cuts and bruises.
Defence barrister Mitch Rawlings said Abeleven had since moved away from Ipswich and worked as a personal trainer.
"There are two explanations. Mr Abeleven immediately admitted to police that the reason for their misadventure was to do a drug deal," Mr Rawlings said.
"He instructs he was intending to exchange fake methylamphetamine for half a pound of cannabis.
"He instructs that it is in conflict with the victim's version of events.
"There was full co-operation by him with police. One can give him full credit being a youthful offender."
Mr Rawlings said his client alleged the victim "pulled a knife" prior to the wilful damage offence.
Judge Alexander Horneman-Wren said that allegation was mentioned in the statement of facts.
"That is clear on the statement of facts. That he pulled a flick knife, then he retreated to his vehicle," Judge Horneman-Wren said.
Defence barristers Daniel Boddice and Cecilia Benardin sought a 12-month jail term for Bond.
Mr Boddice said the offence was not premeditated and did not involve gratuitous violence.
"The (victim's) version of events is he was lured to a property under a ruse that someone had broken into a shed and he was needed to repair it," Judge Horneman-Wren said.
"Mr Abeleven said he (the complainant) was lured to the property to be dudded on a deal with half a pound. And when the person woke up to it he got dealt with.
"Neither version is particularly attractive."
Judge Horneman-Wren said it was still accepted by both offenders that an assault occurred.
"He was to be duped. He was promised one drug (ice) in exchange of another (cannabis).
"But the drug was not to be what he thought he was being given."
"When he got there, the three of you were there and he was brought to ground from behind.
"All of you kicked and punched him in the head and body.
"It was appalling behaviour."
Bond was armed with a bookcase bracket and the youth armed with a piece of timber, the court heard.
Judge Horneman-Wren said they all backed off when the male produced a flick-knife and he sought refuge in his car.
Bond then began hitting the car with his fists, and the youth with the lump of wood.
Window glass and the windscreen were smashed.
He convicted and sentenced the pair to a 12-month jail term, immediately suspended for two years.
They will also be subject to supervised probation orders.