Teen who ran over fisherman has appeal dismissed
THE Court of Appeal has dismissed an appeal by a teen who ran over a fisherman at River Heads.
Joshua Vincent Muller was sentenced to five years prison, to serve at least two, after a trial at the Hervey Bay District Court.
He was found guilty of dangerous operation of a car while intoxicated causing grievous bodily harm.
On March 28, 2014 a drunk Muller was driving a LandCruiser around the River Heads boat ramp car park.
He sped around the car park doing burnouts, drove over the fishermen's gear and close to a group of backpackers who were sitting under cover.
He eventually drove the car at one of the fisherman and hit him.
He ran over the man's head, arm and foot causing a severe ankle injury.
The court heard muscles and bones in the man's foot were exposed after being run over and he had to receive a graft to repair it.
Hours after the event Muller registered a blood alcohol reading of 0.199 - although he denied in court he was drunk at the time.
Muller represented himself at the appeal after Legal Aid declined to represent him - declaring his appeal was without merit.
Muller's appeal claimed the sentence was "unsafe" and made written submissions claiming the fishermen had tried to get their dog to attack him, had thrown a rock through his windscreen and chased him armed with metal poles.
Muller maintained he was attempting to flee but could not see out the windscreen after it had been broken and hit the victim.
However, Justice Philip Morrison found these same arguments had been made at Muller's original trial - and the jury had rejected them.
Evidence from the backpackers suggested the LandCruiser's windscreen had not been broken until after the collision and Muller had got out of the car and yelled "who wants to fight the beast" after hitting the fisherman.
Justice Morrison said the jury had "ample evidence" to accept Muller's guilt.
The appeal was dismissed.