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.

INFERNO: Dalby school shut as investigations continue

DEVASTATING: Fire burned for several hours at Dalby State School.

'This is devastating for us but our school is one of the hubs of the Dalby'

Medicare boost to improve mental health

The $9 million four-year telehealth program will ensure residents of small towns and other remote areas can access rebates for seven online videoconferencing consultations with psychologists.

$9 million rebate helps remote Aussies get a fair go on health

Local Partners

It's a gas! Energy giants forced to put Australia first

RESOURCE companies will be restricted from exporting gas under a radical intervention by the Turnbull Government in a bid to keep prices down.

Toowoomba woman's Africa trip to share song

HERE TO HELP: Women in Harmony music director Elaine Coates (right) will travel to Uganda later this year to work with the African Children's Choir. Former members of the choir travelled to Toowoomba to perform last year incuding Elizabeth Panga (left) and tour manager Abraham Kiyingi.

A Toowoomba woman is preparing for a trip of a lifetime

Hundreds of cars going for bargain at record Coast auction

Mike Clayton at the Nambour car yard in the lead-up to a previous year's sale.

Impounded cars going under the hammer, no reserves

Anthony LaPaglia steps out with new fiancee

Screen legend Anthony LaPaglia has confirmed his engagement to his much younger girlfriend, Alexandra Henkel

Ronan Keating a dad for fourth time

Ronan Keating and Storm Keating.

Bouncing baby boy for Boyzone star

Lion King remake well under way

Seth Rogen.

More Lion King remake cast members revealed

Splendour auctions VIP passes for flood appeal

Crowd at Splendour in the Grass 2016.  Photo Marc Stapelberg / The Northern Star

Each pass will have a reserve price of $500

The pic that could cost Khloe Kardashian $200k

Khloe Kardashian has admitted she "loves" watching porn, but doesn't think her family are famous purely because of her sister Kim Kardashian West's sex tape.

Khloe Kardashian has been slapped with a $A200,750 lawsuit

Silence of the Lambs director Jonathan Demme dies

Director Jonathan Demme, 73, has died of cancer. He is pictured here attending the premiere of "Song One" in New York.

TRIBUTES have poured in for the Oscar-winning director.

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!