Golden Beach man Jody Sharp wins appeal for alleged Caloundra RSL public nuisance

A Sunshine Coast man has won his appeal against his conviction for an alleged public nuisance where he was taken down by RSL security following a heated argument over vaping.

The incident happened at the Caloundra RSL.

A Golden Beach man has successfully appealed his conviction after he was allegedly turfed out of a Sunshine Coast RSL by security after a vaping incident.

Jody Anthony Sharp was charged with public nuisance following an alleged incident at the Caloundra watering hole on May 21, 2022 which resulted in him breaking his ankle.

In a decision published this month, court documents say Sharp and two mates were at the RSL about 10pm when one of Sharp’s friends caught the attention of security due to his “persistent and obnoxious use of a vape”.

Sharp was charged for an alleged confrontation with security but challenged the public nuisance charge at a hearing in Caloundra Magistrates Court in mid 2023. He was found guilty, fined $1000 but no conviction was recorded.

The Golden Beach man however appealed the conviction on the grounds he wasn’t given a fair trial due to the prosecution not calling his two mates who were at the RSL as witnesses, which resulted in a miscarriage of justice.

During the hearing, security guards, police, RSL workers along with Sharp and his two mates were called to give evidence of the evening.

Some of the club’s workers revealed they saw Sharp that night who appeared to be “nearing intoxication” and was a “bit overbearing”. The RSL’s junior manager overheard Sharp tell one of the guards earlier in the night he was a “50-year-old retired boxer”.

The junior manager told the hearing she was called to a situation later that night where Sharp and his two mates were vaping at the pool table, which set off the fire alarms. She said it was Sharp’s “shorter friend” who had vaped.

Two security guards gave evidence about Sharp being aggressive towards them and alleged the Golden Beach man tried to use “standover tactics”.

Both alleged they told the trio to leave due to one of them vaping, with one recalling Sharp saying “why are you being so f---ing aggressive” and said “get f---ed, c---” when he was told to leave.

The alleged incident took place at the Caloundra RSL.

“I’m going to f--- you up c---,” Sharp allegedly told the security guard, according to court documents.

One guard recalled Sharp being a “larger, towering man” who “stepped” towards one of them while holding two drinks.

The other guard recalled Sharp abusing him and his colleague, where he allegedly said words to the effect of “f--- off fat c---” and “you just want to be heroes”.

The security guard said he was worried Sharp would hit his colleague and also feared for his safety when he decided to “take” Sharp down to the ground.

Sharp and his two mates denied the Golden Beach man was aggressive during their evidence and stated he tried to diffuse the situation. They also claimed security were the ones being aggressive.

Sharp said he “felt like it all happened rapidly and before I knew it, I was getting thrown on the ground”.

Sharp denied trying to use his size to stand over them or threatening security but was rather “in a defensive mode”.

In cross examination he described himself as “tipsy” but denied he was “over the top”.

Court documents allege the incident was sparked over a vape. Picture: Pema Tamang Pakhrin

During the hearing, Sharp confirmed he broke his ankle and had surgery which required screws and plates to be inserted.

The police prosecutor said at the time he believed the two mates were “unreliable” witnesses, but the decision not to call them for the trial was labelled “unsatisfactory” by Judge Glen Cash in the appeal judgement.

The District Court Judge said the men should have been called due to part of the CCTV from the incident being obscured by a pillar, which meant it did not contradict all of their evidence.

Judge Cash said if their evidence of the two men was plainly contradicted by the footage, it would not have mattered if they weren’t called as witnesses, but this was not the case.

He ruled Sharp was denied a fair trial and allowed the appeal.

The conviction was set aside and a retrial was ordered. Sharp was awarded costs of the appeal in the amount of $4917.02.