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.

Residents urged to dispose of hot ashes safely this winter

WARMING UP: With more residents lighting their wood fires or fire pits this time of year to escape the chilly weather please take care and dispose of hot ashes responsibly and safely.

Here are some tips for disposing of hot ashes safely

Tree planting works: Matthew Tce/James St upgrade

TREE PLANTING: Tree planting coincides with other works scheduled for the Matthew Terrace and James Street road upgrade

Caboolture will notice a greener link to the CBD in coming weeks

BREAKING: Burpengary properties raided for cockfighting

An illegal cockfighting ring has been uncovered on the Coast.

11 warrants executed in relation to cockfighting

Local Partners

NBN change over could put lives in danger

It might feel like life isn't worth living without power or internet, but for some it could actually leave them in a life or death situation.

Working class? Man, Gympie's got the show for you

Jimmy Barnes

Aussie rock icons coming to Gympie for 150th celebrations.

Tables turn as rescue crew takes on gruelling mountain

EPIC CHALLENGE: Hundreds of runners will tackle the 4.2km run from the heart of Pomona to the top of Mt Cooroora and back on Sunday.

They are usually the people coming to the rescue of adventurers

VIDEO: Girls can feel safe at Splendour

Punters at Splendour in the Grass 2016 at Byron Bay.

High visibility police will be among the crowd at all times

Beauty blogger’s horribly racist product review

A POPULAR beauty blogger and model has come under fire for using a racist slur in a recent post.

Outrage as Ninja Warrior cuts Australia's fittest man

Adelaide’s James Newbury was mysteriously cut from the Ninja Warrior broadcast.

Australia's fittest man wasn’t good enough for Ninja Warrior.

Maggie's whirlwind trip around Japan

Maggie Beer pictured in a scene from her TV special Maggie in Japan.

Cooking icon serves up the best of Japanese cuisine in new TV show.

Exploring our complex relationship with the Southern Cross

Warwick Thornton in a scene from his documentary film We Don't Need A Map.

Filmmaker Warwick Thornton explores national identity, nationalism.

Ben will be cooking with Oma

Masterchef 2017 contestant Ben Ungermann.

MASTERCHEF'S last man standing will draw on his Dutch heritage.

Prince Charles and Camilla heading for Qld

Prince Charles and Camilla

It promises to be a holiday fit for a King

Eddie McGuire to come back as Footy Show co-host

Eddie McGuire at the Million Dollar Lunch annual fundraiser for the Children's Cancer Foundation in Melbourne, Friday, Aug. 6, 2015. (AAP Image/Tracey Nearmy) NO ARCHIVING

Footy Show axes Craig Hutchison, Sam Newman survives

Mum buys $900,000 apartment for her 8-year-old son

Tania Katsanis beat another couple of homeowners to secure the winning bid.

The apartment was a 'bargain' as the property market bottoms out

Townhouses planned for Nicklin Way site

CBRE's Brendan Robins and Rem Rafter on site at Wurtulla.

Prime 1.5ha Sunshine Coast property set for town homes development

Owner tells of ghostly goings on at old Mackay pub

GHOST STORIES: Several people have died at the Mirani Hotel

Owner says pub is 'definitely haunted'

Developers 'pushing the envelope' with subdivisions

Darren Boettcher.

"When I said the block couldn't be subdivided, he just walked out"

Ready to SELL your property?

Post Your Ad Here!