Panthers McDonald’s brawl: Dean Hooper sentenced
A man involved in a violent and bloody public brawl outside a western Sydney McDonald’s early last year has learned his fate, as a court heard “he should have walked away” from the fight.
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A man involved in the vicious bashing of Shannan Rushworth and Tyson Gampe outside Penrith Panthers McDonald’s has been sentenced.
Dean Hooper, 23, was found guilty of a charge of affray for his involvement in a fight that occurred in the Panthers McDonald’s carpark in February last year.
However, Magistrate Geoffrey Hiatt found Hooper had not been involved in any direct violence against the pair, and instead had held a “shepherding” role in the incident.
Mr Rushworth was left with serious head injuries after the affray, while Mr Gampe suffered facial injuries.
During sentencing, the prosecution said they didn’t believe the Section 5 threshold had been crossed, meaning a jail sentence wasn’t in range.
“It’s on the cusp, particularly when it’s a very serious assault and there’s the question of moral and criminal culpability,” she said.
“There does seem to be some indication of remorse, and I don’t press that the threshold has been crossed.
“While the consequences of the affray were serious, he appears to have desisted when it became serious.
“If he had continued, my position would be different.”
Hooper’s lawyer, Thomas Woods, asked for a conditional release order, saying that while there was no plea of guilty, there was an acknowledgment that what he did was wrong.
“Mr Hooper has had time to reflect on what’s happened, and says he should have walked away from the start,” Mr Woods said.
“He understands, with sincerity, where your honour was coming from when you found him guilty.
“If he had foreseen the types of injuries and the extent of the violence, he would have walked away and behaved in a more appropriate manner.”
Magistrate Hiatt said the sentencing was difficult as this was “the worst case of affray I’ve seen in 13 years”.
“There was a large number of the public in and about the carpark, including several young adults who gave evidence,” he said.
“It can’t be said that this was anything less than a very serious example of affray in public.
“What is also not lost is the impact this had on each of the young people who gave evidence, and the other people present at the time.”
Magistrate Hiatt sentenced Hooper to a two-year community corrections order with supervision.
Hooper must attend his GP for a mental-health care plan, and attend any counselling as recommended by community corrections.
He must also abstain from alcohol for 12 months, and do 150 hours of community service.