Phil Rudd swore at media while climbing into a car and told one to "get a real job". Photo / John Borren
Phil Rudd swore at media while climbing into a car and told one to "get a real job". Photo / John Borren
Phil Rudd's lawyer has lodged an appeal against the rocker's "manifestly excessive" sentencing in Tauranga District Court yesterday.
The 61-year-old drummer kept a quiet demeanour through most of the two-hour sentencing but on leaving the building, Rudd swore at the assembled media and told one to "get a real job".
He was given a home-detention sentence of eight months by Judge Thomas Ingram on three charges - threatening to kill, possession of methamphetamine and possession of cannabis.
A substantial reparation payment, the amount of which was suppressed by the judge, had already been paid to the victim after a successful restorative justice conference.
Rudd's lawyer, Craig Tuck, told the Bay of Plenty Times yesterday he had lodged an appeal against the "manifestly excessive" sentence. Mr Tuck had sought a discharge without conviction on the charges because of the impact a criminal conviction would have on Rudd's prospects of touring internationally with AC/DC, particularly to Canada, Japan and the US. A conviction could cause him to lose "tens of millions of dollars" of income.
Phil Rudd's demeanour was quiet during the two-hour sentencing in Tauranga District Court yesterday. Photo / John Borren
Crown prosecutor Anna Pollett debated this, saying "the elephant in the room" was whether Rudd actually had a place in AC/DC at all. Judge Ingram said Rudd was not currently a member of the band.
"Queen replaced Freddie Mercury and it's clear the band is currently touring without you."
The judge said Rudd had been in AC/DC for about 40 years and in that time, he had always known the consequences of a drug conviction, especially as he had appeared in court before on a drugs charge.
"If anyone could understand the consequences, surely it would be you." Rudd needed help with drug addiction.
"It's very easy to judge somebody ... The reality is only those who have led the rockstar lifestyle understand it. I haven't had it, I don't understand it. In many cases, it had a serious and unpleasant set of consequences for others that have led the lifestyle you have."
The judge acknowledged the substantial contribution Rudd had made to the community, including employing locals.
Phil Rudd after his sentencing. Photo / John Borren
He noted Rudd had been attending one-on-one sessions with a psychiatrist.
In sentencing Rudd, Judge Ingram said he considered the rocker had "no future with the band until you have successfully dealt with your problems".
Rudd was given conditions not to consume alcohol and drugs he was not prescribed - the consequences of a break would be imprisonment. He would be monitored by GPS and police would be watching him 24 hours a day.
On September 26, Rudd had phoned the victim and said he was going to kill him. Rudd's wealth and connections made the victim fearful for his safety.
Earlier that day, Rudd had rung an associate saying he wanted the victim "taken out".
Police became involved and executed a search warrant, finding half a gram of methamphetamine at his home and about 91gm of cannabis, triple the threshold for a supply charge.
Rudd originally pleaded not guilty to all charges, but changed his plea the day his defended hearing was due to start in April.
