Gypsy Joker Matt David James Smith-Howell has avoided a mandatory jail term despite breaking anti-gang laws
A Gypsy Joker has avoided doing time for committing a crime in “minutes” despite breaking outlaw motorcycle gang laws that carry a mandatory prison sentence.
Mount Gambier
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An outlaw motorcycle gang member has escaped a mandatory prison sentence after breaking strict anti-gang laws.
Matt David James Smith-Howell, a member of the notorious Gypsy Jokers, pleaded guilty to a single count of criminal organisation participant – enter prescribed place at the Mount Gambier Magistrate Court last year.
The offence came after tough anti-bikie laws were introduced in 2008 in a move to combat outlaw motorcycles gangs.
A SAPOL spokesperson said the legislation banned prescribed club members from associating with convicted felons, wearing prescribed clothing such as their colours or wearing other club paraphernalia.
Smith-Howell drove his friend to the “prescribed place” so he could get a sim card off a girl he was dating who resided at the address on January 4, 2021.
During sentencing on Friday, his defence lawyer Stacy Carter argued against the mandatory prison sentence saying exceptional circumstances existed as he had not left his vehicle, spoken anyone and was only in the driveway for “minutes” before he left.
“It’s more of a technical breach,” Ms Carter said.
The police prosecutor agreed the offending was on the “less serious” spectrum but argued for a conviction as the defendant had committed a “serious offence”.
Citing precedent from the mater of Dew, Martin and Webber which sat before Magistrate Simon Smart, Magistrate Koula Kossiavelos, found exceptional circumstances did exist and it was not necessary to impose the mandatory jail term.
“Parliament did not intend this provision to require imprisonment for such situations,” Magistrate Kossiavelos said.
“Prosecution have agreed with that course of action.”
The 32-year-old Yahl man was fined $1000, reduced to $600 for his early guilty plea with a conviction recorded.
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