A Mongols bikie who was sentenced to 12 years behind bars for opening fire at a Gold Coast shopping centre is appealing his conviction and sentence.
Mark James Graham, 29, fired two shots in the Robina Town Centre in April 2012 after a chance meeting with rival Bandidos member Jacques Teamo.
His first shot hit Teamo and the second bullet struck an innocent bystander in the buttock.
Graham was last year sentenced to 12 years and three months in jail after claiming he only fired after Teamo pulled a flick knife.
The threat from the knife constituted the assault of Graham by Teamo and therefore gave rise to the notion of self defence, barrister Peter Davis QC, for Graham, told the Court of Appeal on Thursday.
But the key question was whether it was a consensual assault, Mr Davis said.
"The argument here seemed to be put to the jury that they were eyeballing each other in the Sony shop (before the shooting), therefore the whole event was consensual," he said.
"There's no evidence to suggest that Mr Graham knew or suspected Mr Teamo had a knife."
Mr Davis said during the trial it was put the jury Mr Graham was consenting to the likelihood of being stabbed.
"There is, in our respectful submission, absolutely no basis upon which that could possibly have been put to the jury."
Graham's legal team is seeking a retrial rather than an acquittal.
Prosecutor Vicky Loury, for the Crown, accepted there was no evidence Graham knew about the knife.
"There was a body of evidence from which that inference could be drawn," she said.
Both men were using raised, angry voices and were seen to be placing their hands in a bag or pocket prior to the incident, she said.
"Inferentially they are preparing their respective arms. They both draw their arms very close to one another."
Ms Loury told the court there had been no miscarriage of justice and the court of appeal was in as good a position as a jury to make a decision, given the availability of CCTV footage.
The court reserved its decision.
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