News

Fight over poker machine was provoked - court

A REDBANK Plains man will not return to jail for a fight over a poker machine that broke another man's eye socket, after the Court of Appeal ruled he was provoked.

On July 21, 2015 Ben Van Nguyen, a friend and his friend's mother-in-law were playing poker machines at the Redbank Plains Tavern.

When the friend's mother-in-law left her poker machine to get more money, Redbank Plains man Mulufuaina Iese, 42, began using the machine.

Mr Nyugen approached Iese and told him the machine was being used and asked him to refund his money out. Mr Iese refused.

The two got in an argument and Mr Nyugen put his beer down and took "swift" steps towards Iese.

Iese then punched Mr Nyugen in the head, breaking his eye socket and leaving him concussed.

Later that week Iese returned to the pub where he apologised to the manager and left his contact details. He was later arrested.

Iese pleaded guilty at the Ipswich District Court to causing grevious bodily harm and was sentenced to 18 months jail, suspended after serving four months. Iese appealed the decision just three days later and was released on bail after he had been behind bars for 12 days.

The Court of Appeal heard although the altercation was captured on CCTV the sentencing court did not view it.

Iese's lawyer told the court he believed he was about to be attacked.

"His instructions were that he believed that he was about to be punched. It's apparent from the CCTV footage that both men are of a comparable size and stature to each other," he said.

Justice Robert Gotterson agreed Mr Nyugen's rushed steps towards Iese was provocation.

"The description of (Mr Nyugen) as depicted on the CCTV footage paints a picture of some aggression on his part towards (Iese)," he said.

"He put down his beer and then took a number of steps very quickly towards (Iese)."

Justice Gotterson ruled the 12 days Iese had already served were sufficient. He re-sentenced him to 18 months jail, to be suspended after the 12 days already served.

ARM NEWSDESK

Topics:  assault court of appeal grievous bodily harm mulufuaina iese poker machine redbank plains tavern


Stay Connected

Update your news preferences and get the latest news delivered to your inbox.

Flying foxes causing a fracas for councils

CONTROVERSIAL: The issue of flying foxes and their dispersal was discussed on the final day of the Local Government Association of Queensland's annual conference.

'There must be a way': Plan to deal with flying foxes

24 cattle killed, 40 saved after Warrego Hwy rollover

The scene of the truck rollover on the Warrego Hwy about 40km west of Miles.

Several cattle killed, others euthanased in Warrego Hwy rollover

Cattle truck rolls near Drillham

The incident has left the eastbound lane of the Warrego hwy closed.

Emergency services are at the scene of the accident near Drillham.

Local Partners