Post by malati on Apr 14, 2011 17:19:48 GMT -6
From Australia's The Age, online 15/04/2011
www.theage.com.au/victoria/hare-krishna-follower-jailed-over-assault-20110414-1dfyi.html
A veteran Hare Krishna devotee who attacked another follower outside the movement's Melbourne temple has been jailed for six months.
Ashley Robert Davis, 50, yesterday defiantly interrupted a magistrate's sentencing remarks after he admitted injuring and threatening to kill the woman.
Deputy chief magistrate Dan Muling said Davis was "frustrated" with the victim, but that his reaction to her was extreme, violent and outrageous and he had shown no remorse.
When Mr Muling read an excerpt from her victim impact statement in which she spoke of fearing she would die as Davis throttled her, he responded: "I told her ten times before that to stay away from me at the temple. She didn't do that."
Mr Muling told Davis there was no justification for the attack, but he replied: "There was no justification for her attacking me ... the way she did countless times in the temple."
He also claimed she had "destroyed" his marriage plans.
Davis, who has numerous prior convictions for assault interstate, pleaded guilty in Melbourne Magistrates Court to intentionally causing injury, threatening to kill and possessessing a controlled weapon.
Prosecutor Leading Senior Constable Stuart Hastings said at 2pm on April 15 last year, Davis followed the victim outside the temple entrance along Little Page Street, Albert Park.
Leading Senior Constable Hastings said Davis approached her from behind and said "I'm going to kill you" before throwing her against a parked car and then grabbing her with both hands around her throat.
He said he strangled her with such force she could not breath and she believed he was trying to kill her before he threw her against a car, hitting her head.
Davis then began kicking the woman and only stopped after her cries for help attracted witnesses.
She suffered grazed elbows and lower back trauma while Davis later told police he was angry because the woman attended the temple for a free meal and had been abusing the religion.
Defence lawyer Megan Casey told the court that Davis' 37-year relationship with the movement was "destroyed" last year when his bail conditions forbade him from attending the temple.
Ms Casey said after his arrest Davis was assessed in a forensic procedure and became a voluntary patient, and she noted he had not offended for seven years because he has been able to "remove himself from stressful situations and respond appropriately".
In his sentencing, Mr Muling noted that a psychiatrist found that Davis did not have a psychiatric illness or a psychotic or delusional disorder.
He said it was the psychiatrist's opinion that Davis had a paranoid personality, but was a man of normal intelligence who did not have an identifiable "mental-state" defence.
After jailing Davis, Ms Casey applied for bail pending an appeal which was opposed by Leading Senior Constable Hastings on the grounds that he was a danger to the community, would reoffend and not obey bail conditions.
He told Mr Muling that after he left the bench Davis had behaved in an aggressive and threatening way.
In response, Ms Casey said Davis had obeyed bail conditions set last year and that his behaviour in court was similar to his state on arrest.
She said he came to court anticipating a jail term and found the proceedings stressful, but submitted he did not know where the victim lived and any risk — which could be alleviated by appropriate bail conditions — was a theoretical one.
In refusing bail, Mr Muling told Davis his response and reaction "to my sentencing remarks was troubling, to put it mildly'.
"Your reaction when I left the bench was of a man not in control," he said, adding that he had "real concerns" that if bailed Davis would reoffend no conditions could reduce the risk to an acceptable level.
Davis was remanded to appear later in the County Court.
www.theage.com.au/victoria/hare-krishna-follower-jailed-over-assault-20110414-1dfyi.html
A veteran Hare Krishna devotee who attacked another follower outside the movement's Melbourne temple has been jailed for six months.
Ashley Robert Davis, 50, yesterday defiantly interrupted a magistrate's sentencing remarks after he admitted injuring and threatening to kill the woman.
Deputy chief magistrate Dan Muling said Davis was "frustrated" with the victim, but that his reaction to her was extreme, violent and outrageous and he had shown no remorse.
When Mr Muling read an excerpt from her victim impact statement in which she spoke of fearing she would die as Davis throttled her, he responded: "I told her ten times before that to stay away from me at the temple. She didn't do that."
Mr Muling told Davis there was no justification for the attack, but he replied: "There was no justification for her attacking me ... the way she did countless times in the temple."
He also claimed she had "destroyed" his marriage plans.
Davis, who has numerous prior convictions for assault interstate, pleaded guilty in Melbourne Magistrates Court to intentionally causing injury, threatening to kill and possessessing a controlled weapon.
Prosecutor Leading Senior Constable Stuart Hastings said at 2pm on April 15 last year, Davis followed the victim outside the temple entrance along Little Page Street, Albert Park.
Leading Senior Constable Hastings said Davis approached her from behind and said "I'm going to kill you" before throwing her against a parked car and then grabbing her with both hands around her throat.
He said he strangled her with such force she could not breath and she believed he was trying to kill her before he threw her against a car, hitting her head.
Davis then began kicking the woman and only stopped after her cries for help attracted witnesses.
She suffered grazed elbows and lower back trauma while Davis later told police he was angry because the woman attended the temple for a free meal and had been abusing the religion.
Defence lawyer Megan Casey told the court that Davis' 37-year relationship with the movement was "destroyed" last year when his bail conditions forbade him from attending the temple.
Ms Casey said after his arrest Davis was assessed in a forensic procedure and became a voluntary patient, and she noted he had not offended for seven years because he has been able to "remove himself from stressful situations and respond appropriately".
In his sentencing, Mr Muling noted that a psychiatrist found that Davis did not have a psychiatric illness or a psychotic or delusional disorder.
He said it was the psychiatrist's opinion that Davis had a paranoid personality, but was a man of normal intelligence who did not have an identifiable "mental-state" defence.
After jailing Davis, Ms Casey applied for bail pending an appeal which was opposed by Leading Senior Constable Hastings on the grounds that he was a danger to the community, would reoffend and not obey bail conditions.
He told Mr Muling that after he left the bench Davis had behaved in an aggressive and threatening way.
In response, Ms Casey said Davis had obeyed bail conditions set last year and that his behaviour in court was similar to his state on arrest.
She said he came to court anticipating a jail term and found the proceedings stressful, but submitted he did not know where the victim lived and any risk — which could be alleviated by appropriate bail conditions — was a theoretical one.
In refusing bail, Mr Muling told Davis his response and reaction "to my sentencing remarks was troubling, to put it mildly'.
"Your reaction when I left the bench was of a man not in control," he said, adding that he had "real concerns" that if bailed Davis would reoffend no conditions could reduce the risk to an acceptable level.
Davis was remanded to appear later in the County Court.