'I'm a gangster': Alleged C'ville shooting victim in court
A MAN allegedly shot in the abdomen by another man at Collinsville has been told getting shot was the 'price you pay' for the way he had been behaving.
Cody Wiri Davies pleaded guilty in Bowen Magistrates Court yesterday to four charges including spitting on a security guard at Airlie Beach, but escaped jail time as his lawyer Michael Hibble argued being shot had served as a wake-up call and shown him he was not invincible.
Mr Hibble explained Davies previously thought he was a 'gangster' and had a high opinion of himself and his abilities, but that all changed when he was seriously injured.
Mr Hibble said Davies was shot in the abdomen, with the bullet entering one side of his body and exiting the other, causing damage to his bowel, colon, bladder and pelvis.
"He's had a significant wake-up because if the bullet entered slightly lower or slightly higher he may not be here," Mr Hibble said.
This sentiment was echoed by Acting Magistrate John Milburn, who said Davies demonstrated that he had a high view of his own abilities, which was misguided.
"As your counsel rightly points out, it may have taken the fact of being shot to get the wake-up call you clearly needed but if that's what it took for you to change your ways, then I guess that's the price you pay for the way in which you conducted yourself over a period of time," Mr Milburn said.
Davies yesterday pleaded guilty to one count each of common assault, contravention of a banning order, driving under the influence of liquor and driving while his licence was suspended.
Police prosecutor Chelsea Pearson explained the circumstances of Davies' assault charge to the court, which started after Davies was kicked out of Magnums for being intoxicated on the night in February.
The court heard he then walked along the street and approached a different security guard to ask where a man, who later became his assault victim, was working that night.
"The security guard declined to answer," Ms Pearson said.
Davies then walked to Boaty's, where the victim was working on the front door at the ID scanner and he immediately called for back-up because he expected an altercation.
Ms Pearson said a verbal fight ensued, where the guard asked Davies to move away from the venue.
"The defendant stated 'Come on, come on, I will f*** you up, I'm a gangster'," Ms Pearson said.
Ms Pearson said Davies then tried to slap the guard but missed, with the guard again asking him to leave and threatening to call the police.
"The defendant has then spat at the complainant approximately four times … the complainant saw the spit leave the defendant's mouth and hit his chest, arms and land on his shoe," Ms Pearson said.
The court heard the guard then palmed Davies and he fell down the stairs, before police arrived and took Davies home. He was later given a notice to appear.
Ms Pearson said the contravention of a banning order was related to Davies trying to get into Boom nightclub in March and the two driving offences occurred in February, when he was found to be driving with marijuana in his blood and had a blood alcohol concentration of 0.135 per cent.
Davies' criminal history from Western Australia and Queensland were presented to the court, with Ms Pearson noting there were a number of convictions for offences involving violence.
Ms Pearson said given his history, and the fact Davies was already serving a suspended sentence, he should spend actual time in jail.
But lawyer Michael Hibble argued that the alleged shooting had completely changed Davies' attitude.
Mr Hibble gave some insight into Davies' background, saying he left school at Year 10 and then became an underground miner, but developed a significant ice habit in his early 20s.
Now 29, the court heard Davies had rid himself of ice but now binge drinks.
Mr Hibble said Davies went to Collinsville last November and when his father travelled back to WA, Davies 'ran amok' and became known to Collinsville police officers.
"He's got a bit of a smart mouth about him and thinks he's a gangster at least according to the security officer," Mr Hibble said.
"That all came to a screaming halt on the 29th May (when he was allegedly shot).
"He's been in hospital doing rehab effectively since that time.
"My client understands for the first time in a long time that aggression and violence doesn't get you anywhere."
Mr Hibble said Davies had applied for a permit to return to Western Australia and his family had put their hand up to support him.
Acting Magistrate John Milburn opted to spare Davies from serving actual time behind bars, instead deciding to suspend his jail sentence.
But he pressed the seriousness of the charges, particularly the common assault offence.
"The common assault is an example of the charge at the high end … you have pleaded guilty to spitting at a security guard and that carries with it the potential of long-term harm through the transmission of disease," Mr Milburn said.
"I'm sure you understand how traumatic that is for people.
"You have to your credit, taken steps to address those issues."
Mr Milburn acknowledged Davies' early plea and said the fact he had family support was a significant factor.
Davies was sentenced to nine months' jail but the sentence was suspended for two years.
He was also fined a total of $1900 and disqualified from driving for one year.
All four convictions were recorded.