Kenneth James Whittaker attacked a man while he lay in his hospital bed with “smashed legs”

A criminal with a “disobedience” for the law attacked an injury stricken patient while he lay in his hospital bed.

Kenneth James Whittaker punched an injured man in his Sunshine Coast University Hospital bed on September 5, 2019. Picture: Generic/Turner Grant

A man survived a motorcycle accident only to be set upon by a criminal, who attacked him while he lay in his hospital bed, a court has heard.

Kenneth James Whittaker punched an injured man in his Sunshine Coast University Hospital bed on September 5, 2019.

The man was receiving treatment after his legs were “smashed” in a motorcycle accident.

Crown Prosecutor Alex Stark told Maroochydore District Court Whittaker was talking to the man about a motorbike before he punched him in the face.

Mr Stark said the man suffered bruising and swelling of his left cheek because of the attack.

Whittaker, who the Daily understands to have been a Bandidos bikie member, pleaded guilty in Maroochydore District Court on Thursday to one charge of assault occasioning bodily harm.

The court heard Whittaker had an “extensive” criminal history that included previous assaults.

Mr Stark suggested a 12 to 18-month prison sentence as an appropriate punishment.

He said the 47-year-old had nearly 22 months of pre-sentence custody that could be declared as time already served.

Barrister Kim Bryson told the court Whittaker had spent 676 days in custody under tougher than usual conditions.

Ms Bryson said he endured three separate Covid-19 lockdowns while in custody at Woodford and Brisbane Correctional Centres.

She said visits were suspended and he was unable to see his siblings or five children and had limited access to phone calls.

Ms Bryson said Whittaker could be sentenced to 676 days in prison and have his pre-sentence custody declared as time already served.

Judge Michael Byrne said Whittaker had shown an ongoing “disobedience” to the law and he would prefer to give a sentence that offered an incentive to stay out of trouble.

Ms Bryson said an incentive wasn’t needed.

Mr Byrne said given the suggestions from the bar table he couldn’t impose a sentence that hungover Whittaker’s head

He sentenced Whittaker to 12 months in prison and declared his 676 days of pre-sentence custody as time already served.

A conviction was recorded.

Whittaker’s release was pending a bail application that was granted in Pine Rivers Magistrates Court on Thursday.

Originally published as Kenneth James Whittaker attacked a man while he lay in his hospital bed with “smashed legs”