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.

Tobacconist calls for nicotine e-cigarettes to be legal

DEMAND: Tobacco Station Group Riverlink's Naeem Ismail started stocking e-cigarettes four months ago.

IPSWICH tobacconist hopes inquiry aligns Australia with world.

Police officer Brett Forte: Hero who served Toowoomba

Brett Forte has been identified as the police officer fatally shot. Picture: Facebook

Brett Forte had been in Toowoomba for a long period of time

Pauline Hanson's plane story contradicted by leaked tapes

Pauline Hanson with the One Nation plane — complete with party logo and a caricature of Senator Hanson — flown by James Ashby.

Senator Hanson indicates developer Bill McNee donated the cash

Local Partners

Wonder Woman is a kick-arse superhero romp

WITH so much at stake, thank Zeus that Wonder Woman didn’t fall into the same trap as its DC Extended Universe predecessors.

Everything coming to Netflix, Stan, Foxtel and Amazon Prime Video this June

Orange Is The New Black returns for another season.

Find out what's being added to our streaming services in June.

Sam Armytage and Tom Cruise? Saaaaay what?

Apparently, the answer is no.

Musical tribute to flood volunteers released

Songwriter honours flood volunteers who helped their neighbours.

Lismore songwriter Simon Thomas was moved by strangers' kindness

Karl Stefanovic's rant about Schapelle Corby 'a bit rich'

Karl Stefanovic is sick of hearing about Schapelle Corby.

Maybe he just wanted to make himself the story.

Could Schapelle be heading for Gladstone?

Australian Schapelle Corby is escorted by Bali Police at the parole office in Denpasar, Bali, Indonesia, 27 May 2017.

Schapelle's mother teases her free daughter could be Gladstone bound

Six things you never knew about Men in Black

Mushu the pug

It's been 20 years since Men in Black first hit cinemas

New $46.7m counter-terrorism facility to be built in Wacol

Premier Annastacia Palaszczuk, pictured with Police Commisioner Ian Stewart, has announced plans to build a new counter-terrorism facility in Wacol.

The facility will be built over three years.

Home to a sex worker: Sordid history of iconic Coast shed

Milojevic Djordjevic's daughter Linda at the derelict shed on Yandina-Coolum Road.

The shed was once a liveable 'barrack'.

This is real estate's billion-dollar man

Bob Wolff at AREC with John McGrath of McGrath Real Estate.

They don’t call him the “Billion dollar man” for nothing

Man's amazing comeback from monster crisis

Pat O'Driscoll agents Penny Keating and Doug Webber sold 56 Agnes St, The Range at auction over the weekend.

NOT long ago, he sold his possessions to pay staff. Now he's back.

Report reveals progress on $319m airport upgrade

Aerials of the Sunshine Coast.Jetstar plane in front of the Susnhine Coast terminal, Sunshine Coast Airport.

Over two dozen government approvals needed for airport expansion

Ready to SELL your property?

Post Your Ad Here!