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.

Meet Gatton's gorgeous cop and stunner girlfriend

Mason Jago and his girlfriend Tayla Lange.

We talk dogs, day-trips and community policing with Constable Mason

Motoring buffs experience 'unreal' trek

ROLLING ON OUT: More than 50 vintage tractors rolled out of Gatton on Saturday morning for a weekend enjoying nature and camaraderie.

Sel Hawley hasn't let age stop him having a bash around the bush.

Barber Lisle Thomas still as sharp as ever on Gatton return

LEGACY: Lisle Thomas returns to the Gatton barber shop where he started working in 1952 as a 13-year-old, to present an old photo to current owner of Pete's Barber Shop, Natalie Cannan.

Lisle Thomas returned to the Gatton barber shop where it all began.

Local Partners

Fancy a head full of Coldplay on Samsung VR?

Coldplay fans will be able to enjoy the supergroup's A Head Full of Dreams Tour live in virtual reality from Chicago’s Soldier Field on Friday.

CMC ROCKS: Organisers reveal 2018 festival dates

CMC Rocks will return to Willowbank in March, 2018.

Country music fans mark these dates in your calendar

MOVIE REVIEW: Cinderella story classic comedy of errors

Toni Collette in a scene from the movie Madame.

EVERY time Toni Collette does comedy, a fairy takes flight.

Nikki responds to rumours she’s now dating Richie

Nikki Gogan, Richie Strahan and Alex Nation on The Bachelor.

Bachelor runner-up has responded to rumours she’s now dating Richie.

The Dark Tower review round-up

Idris Elba and Tom Taylor in a scene from the movie The Dark Tower.

Stephen King adaptation disappoints both newbies and fans.

WATCH: Johann Ofner's run on Australia’s Ninja Warrior

Johann Ofner on Ninja Warrior

Ofner’s girlfriend, model Kati Garnett, shared a montage of series

‘Lose 10 kilos in two weeks’

Be Fit Food founders Kate Save and Dr Geoff Draper.

A WEIGHT loss meal plan sparked a bidding war on Shark Tank.

Developer tears up couple's contract for new home

Jade and Edward Roberts were stung by the sunset clause on the first day of their honeymoon.

The developer has the right to do this under the sunset clause

Reports of Ibrahim family connections to farm and food hub

John Ibrahimat Bluesfest 2012.

REPORTS circulate colourful Sydney family have investments on the NR

Stunning, heritage-listed Coast home going under the hammer

STUNNING: Buderim House, a stunning heritage-listed Queenslander estate, is going to auction.

Coast home that played host to royalty is set for auction

Internet king Kim Dotcom house-hunting

Kim Dotcom and his partner Elizabeth Donnelly have apparently been in Queenstown scoping out houses. Photo / Kim Dotcom

Dotcom tweeted pictures and video of himself and partner Elizabeth Donnelly

First home deposits hits $200k for some

Call for Reserve Bank limits to be scrapped for new buyers

Ready to SELL your property?

Post Your Ad Here!