David Wise appeals jail sentence for placing homemade petrol bomb on Palestine supporter’s car
Jailed for placing a homemade bomb on a Palestine supporter’s car, David Wise will attempt to convince an appeals court to dismiss his charges under mental health legislation.
Police & Courts
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A Sydney man who taped a rudimentary petrol bomb to a car at Botany then made a threatening phone call to a Palestine supporter will make a second bid in court next week to have his case dismissed under mental health legislation.
David Maurice Wise, 44, confessed to planting what appeared to be an explosive device, consisting of a jerry can filled with petrol, on the bonnet of the car on January 5, along with a note reading: “ENOUGH! TAKE DOWN FLAG! ONE CHANCE!!!!”
The resident who owned the car was flying a Palestine flag outside his home at the time, according to court documents.
Wise then made a threatening phone call to the same man from a phone box a few weeks later.
The matters were reported to police, who launched an investigation, resulting in Wise’s arrest in March.
He was taken to Mascot Police Station and charged with leaving an article to cause alarm, using a carriage service to menace, harass or offend, entering enclosed lands and intimidation.
Wise subsequently pleaded guilty to the charges but sought to have them dismissed under mental health legislation at his Local Court sentencing hearing in May.
Wise’s barrister George Thomas detailed his client’s history of mental illness, including documented concerns about him being depressed, having suicidal thoughts, and “vivid dreams” which were sometimes violent.
The court heard Wise had become “fixated in what he believed to be” false information regarding the Gaza conflict and he had “attempted to present an alternative view” to the victim, who had rejected it.
“He took it personally … [he] only had a dreamlike memory of placing the offending items [on the car],” he said.
The court heard Wise didn’t hold “anti-Muslim or anti-Palestinian beliefs” and there was no suggestion of terrorism ideologies at play.
Magistrate Megan Greenwood rejected the mental health application, finding the seriousness of the case warranted the charges being dealt with according to criminal law.
She sentenced Wise to 12 months in jail, with a three-month non-parole period. He was released to parole in June.
Wise launched an appeal against the decision, with Mr George telling the NSW District Court on Wednesday that his client intended to renew his bid to have the matters dismissed under section 14 of the NSW Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
Under the act, a magistrate has the power to dismiss criminal charges against a person and order they undergo mental health treatment if the court deems it appropriate given the circumstances of the case.
“We’re seeking section 14 diversion, or in the alternative, no conviction disposition,” Mr George told the court.
The appeal has been set down for hearing next week.
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