No TV, 22 hours a day in cell: My time in a bikie superjail
TIME spent in a jail with no television and only two daylight hours out of a cell were considered in sentencing a known member of a bikie gang.
Ricky Wayne McDougal pleaded guilty in the Maroochydore District Court this week to stealing a motorcycle on January 22, 2013.
His defence barrister James Godbolt said Mr McDougal was part of a "criminal motorcycle gang" and had been subjected to a restricted regime which should be given consideration in sentencing.
The regime was introduced by former Premier Campbell Newman in October 2013 as part of the controversial VLAD laws.
It involved prisoners spending time in solitary with "no tvs in their cells and only allowed two daylight hours out of the cell".
These conditions were given "substantial allowance" in Supreme Court Judge Peter Appelgarth's sentencing of three men in 2013.
"His honour reviewed the sentence to impose on the prisoner in light of fact would be spent in those conditions," Mr Godbolt told the court.
"It was a matter for which he gave substantial allowance."
Mr McDougal spent "35 days under those conditions" for a previous offence.
Judge Long debated the "serious offence" of a valuable bike stolen against the information provided.
Mr McDougal was already in Woodford jail for another offence and would remain imprisoned until April 21, 2018 and the court heard he was hoping for a transfer to a prison farm.
Judge Long detailed Mr McDougal's "significant criminal history dating back to 1998" when he was 17 which included drug offences and "most significantly" a manslaughter charge in 2006 for which he served eight years.
The period of 35 days was taken had to be taken into consideration for the stealing offence.
"I accept this was served under severe conditions and have given this some added weight in dealing with you," Judge Long said.
He said Mr McDougal's interests and the community interests would be best "under a parole regime" which would come into effect from April 21, 2018.