A MAN accused of using excessive force against an intruder during a ram raid at his father’s mower business last April has escaped jail time.
Shane Fisher (30) was sentenced to an 18 month suspended jail term for causing grievous bodily harm in Perth District Court on Thursday.
The court heard that Mr Fisher and his father Pat were on the way home with dinner, when Mr Fisher Snr received a notification there was a break in at his Mower Magic business.
When they arrived the back roller door was destroyed.
The court heard that security camera vision captured victim Peter John Bryant loading mowing equipmement into a trailer.
The vision showed Mr Fisher chasing Mr Bryant, who tripped.
Mr Fisher straddled Mr Bryant and punched him approximately 15 times.
At one point Mr Fisher was seen picking Mr Bryant up at waist-height while unconscious and dropping him on the ground.
Mr Bryant spent 15 days in intensive care at Royal Perth Hospital and 17 days in the brain rehabilitation unit at Fiona Stanley.
Counsel for the accused Max Crispe described the incident in April as an “overreaction”, but said his client was not a vigilante.
This is the first case of significant offending on Mr Fisher’s record.
Prosecution lawyer Gabrielle Clarke described the offending as “revenge”.
She said the business had been suffering and had numerous break-ins in the past.
“Although the victim was clearly not a law abiding citizen that evening, he is still entitled to the full protection of the law,” she said.
“A message must get out that violence of this sort, that is vigilante justice, is intolerable.”
The Fishers received an overwhelming amount of public support following the attack.
More than 14,000 people signed a petition asking WA Attorney General Michael Mischin to drop the charges against both Fisher Snr and Jr.
Mr Bryant and Mr Fisher Snr will face court later this year.