William Martin Finn sentenced for attack on Uber drivers
A teen who bashed two Uber drivers in a cowardly attack has “luckily” escaped prison. Read what the magistrate had to say:
Police & Courts
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A Sunshine Coast magistrate has said a teen who bashed two Uber drivers in a cowardly attack was lucky to have escaped prison.
William Martin Finn was sentenced to 12 months probation in Maroochydore Magistrates Court on Tuesday after he pleaded guilty to two counts of assault occasioning bodily harm while in company on Ocean Street, Maroochydore.
Finn, now 19, was filmed bashing the two Uber drivers in a “cowardly” assault on November 20, 2021.
“ … Finn has kicked the victim while on the ground, then continued the assault with a flurry of punches to the head and then struck that victim to the back of the head,” Police prosecutor Mick Ruddiman said.
Sergeant Ruddiman said another man was heard yelling racial slurs at the victims after the attack.
“It’s clearly heard one of the alleged defendants saying on the recording ‘f--k off back off to India’, then ‘f--k off back to your own country’ and finally f--king curry dogs,” he said.
He said he understood Finn did not make the remarks.
Sergeant Ruddiman said a witness to the attack was heard yelling to stop the “racist” assault.
“It’s hard for someone not to find that premise when a person who had nothing to do with anything, walking down the street starts filming something saying ‘stop your racial attack’.”
He said the Uber drivers were waiting to assist the next person home.
The court heard others involved allegedly blew cigarette smoke into the face of one of the uber drivers and stole a wallet, keys and a phone during the attack.
Sergeant Ruddiman said time behind bars was in range for Finn’s offending but said he could also be punished through an intensive corrections order.
Solicitor Steve McCrohon rejected the idea Finn was racially motivated.
“There is nothing that I saw (in the video evidence) that indicates he was the person addressing anything racial,” he said.
“When I heard something racially mentioned … (Finn) is not in the picture, so I reject that assertion.”
Mr McCrohon said Finn had been out drinking on Ocean Street when an argument broke out between his friends and the Uber drivers.
He said Finn was not the original instigator, but was extremely remorseful for his actions and had written an apology letter.
Mr McCrohon said references described Finn as having a generally good character.
Finn had undergone a six-week anger management program, had good rehabilitation prospects and was willing to pay compensation to both the drivers.
“He is not a risk to the community going forward,” Mr McCrohon said.
“He has the potential to be a strong contributor within our society.”
The court heard Finn, who had no criminal history and great family support, had obtained work as an apprentice carpenter.
Given his young age, remorse, cooperation with police, early pleas of guilty and personal circumstances Mr McCrohon asked for a lengthy period of probation to be imposed.
“Anything above that could have a serious impact on his life,” he said.
“Any term of imprisonment would see any career ambitions and employment terminated.”
He also asked for a conviction not to be recorded against Finn.
“He made a terrible mistake by getting involved on the evening of the assaults.” Mr McCrohon said.
Magistrate Raelen Ellis said Finn’s violent behaviour was unacceptable.
“You kicked a person while they were on the ground in a vulnerable circumstance at their place of employment where they deserved to be safe and make their way home uninjured,” she said.
Ms Ellis said she couldn’t accept beyond a reasonable doubt that Finn was racially motivated when he attacked the uber drivers.
“The attacks were opportunistic and motivated by a bunch of stupid people out drinking and these people were there,” she said.
She noted racial slurs had no place in our society and suggested Finn reassess his friend choices.
Given Finn’s rehabilitation prospects, family support, remorse, employment and young age Ms Ellis said she would not impose a prison sentence.
She said the victims suffered significant injuries and urged Finn how lucky he was not to be spending time behind bars.
“I hope you reflect on your behaviour and that a term of actual prison could have been on the cards today,” she said.
“Young people die from violence like this and the community expects that the courts will take a significant stance against such behaviour to ensure that there is a deterrence.”
Convictions were not recorded.
Three other men have been charged in relation to the incident.
Their matters are still before the courts.