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.

Monto woman pleads guilty to stealing

SENTENCED: A 38-year-old Monto woman pleaded guilty for stealing.

A 38 year old Monto woman pleaded guilty to two charges of stealing.

Travellers and backpackers enjoying soup night

Backpackers at the Mundubbera soup kitchen every Wednesday night.

IT'S been a successful program for seasonal workers and backpackers.

Animal activists protest at Swickers

Animal rights activists descended on Swickers in Kingaroy on Wednesday to protest against the slaughter of animals.

The protest happened on Wednesday afternoon.

Local Partners

Crash on the Boyne bridge

THE North Burnett Regional Council deputy mayor Faye Whelan believes the Boyne River bridge should be replaced.

Jemma's bewitching voice

STAGE PRESENCE: Suzie Mathers and Jemma Rix in a scene from Wicked The Musical.

Wicked musical theatre star Jemma Rix has released her debut album.

This laughter yoga video will have you in fits of giggles

BEST MEDICINE: Karen Flannery is spreading happiness through laughter throughout Hervey Bay.

New members needed for a laughing good time

Amber Heard, Elon Musk among Splendour celebs

Bernard Fanning plays the main stage at Splendour in the Grass 2017 on day 2.

DAY TWO of Splendour in the Grass was the day of celebrities.

Survivor twist bound to shock

TARA Pitt benefited from a shock twist on Australian Survivor, but will everyone be happy? She’s bracing for a viewer backlash.

The Block goes back to school with gorgeous kids rooms

Ronnie and Georgia's winning kids bedroom in a scene from The Block.

ONE magical bedroom received the first perfect score of the season.

A prince is sailing around the Whitsundays

Prince of Denmark Frederik is racing on Wild Oats in the Whitsundays.

Rumours circulating about where the princess is

What's on the small screen this week

Rob Collins and Jessica Marais in a scene from season two of The Wrong Girl.

JESSICA Marais returns in The Wrong Girl.

Playing Tom Cruise's wife was a dream for Sarah Wright

Tom Cruise and Sarah Wright in American Made.

The actress stars opposite Cruise in the action comedy

Taylor Swift wipes presence off social media

Singer Taylor Swift has deleted her social media accounts

Social media wipeout prompts rumours of a new album

Swedish TV drama turns up heat

Louise Nyvall stars in the Swedish TV series Farang.

Scandinavian crime thriller goes troppo