Jordan Nelson appeals sentence after deleting video of alleged Eagle Vale gang stabbing

A young woman who deleted a video of an alleged stabbing of a man with machetes in the carpark of a suburban football game has appealed her sentence. Read what happened in court.

A young woman has appealed the severity of her sentence after deleting a “gruesome video” taken during the public stabbing of a man in the carpark of a sporting complex.

Jordan Nelson, 22, fronted Campbelltown District Court on Friday to contest the penalty she had received after pleading guilty to one count of hindering discovery of evidence.

It was heard in court that on May 2 last year, Nelson filmed an alleged melee in the carpark of an Eagle Vale sporting ground that saw one victim attacked by at least four others.

Prosecutors allege that members of a gang approached one man, chased him, punched him and stabbed him with machetes. He was rushed to Liverpool Hospital where he underwent surgery. He has since been released.

Nelson was one of five people who have been charged over the alleged incident when she was arrested at her home on May 6 last year, but she was only charged over deleting the video evidence she sent to a third party via WhatsApp.

It was further heard in court that CCTV footage gained by police showed Nelson filming the attack on the man.

Nelson appeared at Campbelltown Local Court on February 9 where she was convicted, placed on community corrections order for two years and ordered to perform 150 hours of community service.

Defence barrister Peter Nematalla told the court they were seeking a conditional release order without conviction.

Jordan Nelson.

“Deleting that video was something that had occurred almost spontaneously having reviewed the video herself on the occasion while at the scene, seeing how gruesome it was and not wanting to associate herself with it in any way, shape or form,” he told the court.

“She acknowledges the potentiality of that evidence that may have assisted an investigation … [but] the nature and the quality of the video that identified the participants of the assault is not known.”

Mr Nematalla acknowledged that when she was approached at her place of work, Nelson “panicked” and then lied, telling police she did not have a video.

“Ultimately when she was arrested and interviewed, she corrected that lie … the totality of her interview provided amplification and identification of persons that police already had CCTV of,” he said.

“The court ought to credit her under the law with the assistance that she had given to police.”

Mr Nematalla said she had entered a plea of guilty at the earliest opportunity, and also asked the court to take into account the fact that Nelson was exposed to significant domestic violence while growing up.

He also said that her young age should be taken into consideration.

“This young lady made a poor social decision to embark on something that was perhaps morally wrong,” Mr Nematalla said.

“That single act of indiscretion carried out by youth ought not to burden her as luggage for the rest of her days. This is a young lady who perhaps ought to be given a second opportunity.”

Jordan Nelson.

Mr Nematalla said Nelson is well supported in the community and by her family.

The crown prosecutor argued against a non-conviction, saying the need for general deterrence was still important.

“The deletion was not in fact a spontaneous deletion … the appellant sent the video to someone by WhatsApp and it’s an agreed police fact she deleted it to avoid police detection,” he told the court.

Judge Jennifer English said it was important to note that Nelson was not charged over being involved in the assault, and therefore should not be viewed as a co-offender in the traditional sense.

She added that Nelson had also co-operated with police during interviews in identifying the alleged offenders.

“Contrary to the Crown’s submissions, I do find it [deleting the video] to be a spontaneous reaction,” she said.

“She is entitled to 25 per cent discount … I find that she is genuinely remorseful.”

Judge English said that the initial penalty imposed was too harsh, and while the offence was proved, no conviction would be recorded. She placed Nelson on a conditional release order for 12 months.