Former AC/DC drummer Phil Rudd loses appeal

Estranged AC/DC drummer Phil Rudd has lost an appeal in his “threatening to kill” and drug possession case, for which he is now serving home detention.

Rudd has also been banned from having alcohol in his house and faces a court appearance next month (Nov15) after a guest arrived at his home with beer. He was also told to pay $120,000 in reparation to his victims and he’s continuing a rehab program for addiction to methamphetamine.

And he said Rudd was rightly refused a discharge without conviction at his sentencing.

However, in a High Court judgment released today, Justice Raynor Asher dismissed the appeal.

“In my view they are not”. And he countered the suggestion that conviction affected his job by saying: “Mr Rudd may practice as a musician in session work, and in concerts in New Zealand and other countries”.

Justice Asher notes there is the potential for Rudd to lose significant income because of the conviction, but says for that to arise two things would have to happen. Second, the convictions would have to operate as a barrier to him travelling with them.

“Mr. Rudd’s threat was not a spontaneous outburst; it was a manifestation of a serious intention to intimidate and at least cause grave fear to the victim”, Asher wrote in his statement.

Rudd had faced up to seven years behind bars for threatening the life of his former security chief in September last year. He attempted to justify the actions that led to his arrest by citing his disturbed mental state at the time, claiming the death threats were him simply “nutting off” on the phone. “They turned up at his home – nine police officers, a dog and the media”.

Rudd initially faced another charge of “attempting to procure murder”, but it was dropped after prosecutors decided there was insufficient evidence.