AC/DC drummer Phil Rudd has lost his appeal against conviction and an 8-month home detention sentence.
The New Zealand Herald reports Rudd’s appeal that the sentence on his guilty pleas to charges of threatening to kill a contractor, possession of methamphetamine and possession of cannabis was excessive was dismissed in Tauranga District Court on Tuesday.
Justice Raynor Asher denied Rudd’s request on the basis that the case involved a relatively serious threat to kill charge, there was a real need to denounce Rudd's actions.
The Justice noted there was potential for Rudd to lose significant income because of the convictions, but said for that to arise two things would have to happen.
"First, the band would have to want him to play with them. Second, the convictions would have to operate as a barrier to him travelling with them on tour. Neither are certain,” he stated in his decision. “It is far from clear that, at the time when the offending took place, there was any place in the band available to Mr Rudd, given his drug addiction and state of mind."
At a July 9 sentencing, Judge Ingram banned Rudd from alcohol and taking any drugs not prescribed to him as part of the sentencing, but the drummer was arrested at his Tauranga home on July 18 after being caught allegedly consuming and possessing alcohol.
Rudd was charged with breaching conditions of his sentence and was remanded on bail until November 24.
After Rudd recorded “Rock Or Bust” with AC/DC in Vancouver last year, the band hired former member Chris Slade to handle drum duties in his place for the group’s world tour, which launched on April 10 at Coachella.
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