A judge’s controversial decision to quash the assault sentence of a former Knox grammar student will not be appealed.
This month, 21-year-old Nicholas Drummond received a 14-month prison term for good behavior, but was convicted after drunkenly punching two men on Sydney’s lower north coast in December.
He first called a victim as a s*** and told her to ‘put off his t***’, allowing him to confront her over and over again.
Nick Drummond (pictured) has issued an apology to the victims of his drunken night last December, where he punched a man and hit a woman in the face
A judge has drawn up what a judge described as potentially ‘provocative’ before allowing Drummond to run without conviction.
The second victim was hit from behind as he was standing in a queue outside the pub from where Drummond was pulled out.
In September, Judge Sutherland found that the junior soccer coach was remorseful, characterless and had suffered a difficult year due to the illness of his father, the death of his dog, and the breakup of a relationship.
He had also heard a suggestion that after punching the woman, the perpetrator had become so emotionally disturbed that he threatened to jump out of the car park.
Dismissing the convictions laid down by the Hornsby magistrate, the judge cited legal precedent from 2012 in which a man was caught with 20 bullets of ecstasy at a concert.
On Wednesday, the office of the Director of Public Prosecutions said it has noted the availability of appeals against Judge Sutherland’s orders.
Women’s health start-up Ovira put up a giant billboard in front of Knox Grammar in September in support of the victim of a former student’s vicious assault
The junior soccer coach and state-league player called his female victim ‘s**t’ and asked her to ‘t*t’ away before calling her a ‘f*** off’ when apologizing.
A spokesman said such an appeal can only take place if the sentencing judge has “decided beyond the limits of his actions and powers, or has done something which he has no power to do”.
“The prosecution guidelines available on the ODPP website outline the relevant criteria for filing an appeal, including whether the appeal has a reasonable probability of success,” he said.
‘The directors have been unable to identify any appellate error in the case. Accordingly, the Director has decided not to appeal.’
Judge Sutherland’s decision, first reported by the AAP, drew widespread outrage and condemnation from anti-violence campaigners.
Attention was also drawn to the judge’s comment that Drummond had made ‘a lewd and completely inappropriate remark’ to his female victim ‘whom he did not know’, but whose dress, attributable to him, might consider. Being provocateured by Knox’s 20-year-old former student.
The woman said she had spoken to another victim of Drummond’s unprovoked attacks at the Greengate Hotel (pictured) and both were “really disappointed” by the court’s decision.
Hayley Foster, chief executive of Rape and Domestic Violence Services Australia, said last week: “A decision like this sends a very dangerous message to the community and a very acceptable one for those who use domestic and sexual violence and victim-blaming.” sends a message.”
The victim said the overwhelming response from the public “made me feel that some sort of justice had been done because it was clear I was not alone.”
Drummond has issued an unconditional public apology to those hurt by his actions.
“I don’t apologize to the public, but know that I have to work hard to get a second chance at life.” Whatever I need to do, I will try to do it,’ he said in September.
The male victim said he didn’t know what Drummond looked like until police showed him CCTV, adding that he was by chance in the garden later that night (pictured) but never crossed the path