Home detention for gang stabbing

Court House-Sept-2013-07A fight that ended in a man being stabbed twice outside McDonalds in Linwood last August has led to a home detention sentence for a rival gang member.

Nathan Anthony Whelan, 23, was sentenced on charges of wounding with intent, resisting police, and breaching community work.

Defence counsel Rupert Glover said Whelan had a positive probation report, and he had finished his previous sentence of community work.

Crown prosecutor Deidre Orchard said she recommended Whelan had judicial monitoring added to his sentence. She said he had been brought up in a gang, and was a patched member of it, and would need help to change his ways.

Whelan stabbed the rival gang member after the victim had been abusive and thrown a drink at him. In the fight he cut the victim behind his ear and in the back, which needed stitches.

Judge Jane Farish said Whelan had been on electronically monitored bail since October last year and had been compliant.

She said it would be hard to move away from a gang, but he needed to make his soon-to-be-born baby and his family his priority, or end up affiliated more with the gang and end up in jail.

She sentenced him to nine months home detention and suggested he would become very good at looking after the baby, and have a good bond with the child.

She imposed special conditions for 14 months, with assessment, treatment, and counselling recommended by probation to address his offending, and judicial monitoring where the judge will receive reports every three months to check he was staying on track.

She recommended to probation that he be allowed to attend the birth of his child if possible.



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