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.

CQ loses thousands of jobs in weeks as downturn bites

Wesfarmers Curragh Mine Blackwater.
Photo Meghan Kidd / CQ News

NO BACK-UP plan for mining boom end has left thousands out of a job.

Truck carrying cattle rolls near Clermont

Queensland Fire and Rescue are responding to a cattle truck rollover near Clermont.

Scene of cattle truck crash cleared

Rocky's golden ticket to 1500-job Adani FIFO hub revealed

NEW LIFE: Could abandoned mines bring thousands of jobs?

ROCKHAMPTON has one huge advantage in its fight for the FIFO hub.

Local Partners

Bruno Mars brings his 24K Magic tour to Australia

But fans are going to have to wait until 2018 for the pop superstar to drop his grenade on our stages.

Most ridiculous thing about the MKR finale

High fives if you managed to watch the MKR finale right through to the end.

“COME on, just tell us who won already!”

Godfather cast reunites at Tribeca

Coppola and the cast of "The Godfather" reunited for one evening and a double feature at Radio City Music Hall to celebrate the film's 45th anniversary. The Tribeca Film Festival closed out its 16th edition Saturday, April 29, 2017, with a grand double feature of "The Godfather," parts one and two.

It was an offer The Godfather cast couldn’t refuse

Val Kilmer confirms cancer battle

Val Kilmer, left, and his son Jack attend a basketball game in Los Angeles in 2014.

Batman actor Val Kilmer tells Reddit Q&A he had cancer.

Groomed by her teacher: Mary-Rose MacColl's sexual abuse

Mary-Rose MacColl’s extraordinary new book ­rewrites the misery memoir.

Mary-Rose MacColl’s new book ­rewrites the misery memoir

American Gods a dream role for Ricky Whittle

Ricky Whittle in a scene from the TV series American Gods.

THE 100 star talks mythology and working with Ian McShane.

House Rules: "I watched as they destroyed my house"

Fiona and Nicole were both in shock at the move. Picture: Supplied

Contestant given just minutes before her entire home was demolished

Falling rents could spell doom for housing prices

What if I told you housing in Australia was getting cheaper?

Couple gets rich renovating run-down city homes

RENO RADICALS: Baden and Nelson Marino-Hall have turned three Toowoomba homes around for profit, saying the Garden City was a haven for renovators like themselves.

The couple has already turned around three homes

Townhouse pitch raises questions over 'high density'

BIG PLANS: Residents have a chance to offer their opinion on plans to build 42 townhouses at Raceview.

Developer plans 42 townhouses for Ipswich suburb

7 million dollar city homes for sale right now

3 Keira Court, Blue Mountain Heights.

Here are seven of Toowoomba's best, and most expensive, houses

'Raping and pillaging': Landlord's anger with nightmare cost

Chris Duane, who is chairman of the body corporate for Terralina Court, says insurance companies are charging too much for premiums.

BODY corporate boss unleashes on huge costs dumped on home owners.

Ready to SELL your property?

Post Your Ad Here!