Ipswich Magistrates Court
Ipswich Magistrates Court Rob Williams

Biker bashed with shovel

A DRIVER ran a motorbike rider off the road before repeatedly punching him as his passenger attacked the victim with a shovel.

Kane Sema Magalogo, 32, was stopped at an intersection when the bike rider pulled up behind him and started revving his engine to stop it from stalling.

As the traffic started moving Magalogo became angry because he thought the motorbike rider was tailgating him.

So he hit the brakes and deliberately swerved, causing the bike rider to hit a traffic island and crash.

The rider approached Magalogo's car to get the registration details and Magalogo, feeling he had been provoked, got out of his vehicle to confront him on Alice St, Goodna.

Magalogo's passenger armed himself with a shovel and the two set upon the rider, inflicting a vicious and lengthy bashing.

Witnesses reported seeing Magalogo repeatedly kicking the victim in the stomach and punching him in the head.

The victim sustained bruising and swelling to the head, and injuries to his elbow and back.

Yesterday at Ipswich District Court Magalogo pleaded guilty to assault occasioning bodily harm in company and dangerous operation of a motor vehicle.

He was sentenced to 18 months in prison and released on parole.

Defence barrister Steve Kissick said Magalogo's behaviour on the day of the offence, November 22, 2010, was completely out of character.

Mr Kissick said Magalogo, a carpenter who ran his own business, was dedicated to his community and had a strong network of friends.

Mr Kissick said his client had volunteered in the "mud army" after last January's flood disaster and usually led a very quiet life.

"He's an insightful man ... (but) he accepted he'd gone overboard on that occasion," Mr Kissick said.

Judge Sarah Bradley said Magalogo's actions, by repeatedly assaulting the complainant over a relatively long period, meant he was capable of acting in a violent and thuggish way.

She said it was important the community realised thuggish behaviour on the road could result in a prison sentence.

She noted Magalogo was genuinely remorseful about his actions.

Last June Magalogo's 21-year-old co-accused pleaded guilty to assault occasioning bodily harm while armed in company and affray, was sentenced to 10 months prison and also released on parole.



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