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.

Div 3 councillor implores Prossie to shop local

Division 3 councillor and local businessman, John Collins, is urging Proserpine to shop locally.

Div 3 councillor implores Prossie to shop local.

What is open in Proserpine this Anzac Day

Whats open and what's not in Proserpine tomorrow.

What is open in Proserpine this Anzac Day

Lions fuel up Debbie emergency crews

Just some of the emergency services workers to be fed at the Lions pop-up kitchen in the wake of Cyclone Debbie.

Lions fuel up Debbie emergency crews

Local Partners

Billionaire Elon Musk and Amber Heard hit Shingle Inn

Actor Amber Heard and billionaire boyfriend Elon Musk have begun enjoying Queensland.

New Netflix doco on JonBenet Ramsay's death makes huge claim

A new documentary will air claims that child beauty queen JonBenet Ramsay was murdered by a paedo sex ring.

New claims that JonBenet Ramsay was killed by a paedophile sex ring

Movie review: Guardians Of the Galaxy Vol. 2 delivers on all fronts

Star-Lord/Peter Quill (Chris Pratt) and Drax (Dave Bautista) in Guardians Of The Galaxy Vol. 2.

Does Guardians Vol. 2 live up to high expectations set by original?

Sir Elton John hospitalised with rare infection

CROCODILE ROCKER: Sir Elton John will head to Mackay in September for the first stop of his Australian tour.

Elton John cancels shows after becoming violently ill.

Sunshine Coast singers out to turn chairs on The Voice

NEXT BIG THING? Tune in to see Glasshouse Mountains folk artist Benjamin James Caldwell on The Voice.

Do our Coast folk singers have what it takes to turn judges' chairs?

Former Glee star Lea Michele posts nude selfie to Instagram

Former Glee star Lea Michele has posted a very revealing snapshot

Gold Logie winner defends Molly Meldrum's Logies hijack

Samuel Johnson has defended Molly Meldrum after Logies speech

Lisa Curry and fiance sell up Sunshine Coast property

I'm a Celebrity, Get me Out of Here! contestant Lisa Curry with partner Mark Tabone after being evicted from the South African jungle. Picture: Dylan Robinson ***EMBARGOED 7:30pm March 9th***

Plans for dream home on hold at Mount Mellum place on market

SOLD: Iconic M'boro pub set to be transformed

Shane Muller from Maryborough Motorcycles will be opening up a showroom and café at the Shamrock Hotel.

The Shamrock Hotel is set to be transformed in the next two months.

Family loses everything to fire then cyclone

The Williams family has been doing it tough since a fire destroyed their home and Cyclone Debbie destroyed what they'd rebuilt.

A family of five was left with nothing after Cyclone Debbie.

Coast developer looks to prime real estate's future

MANY OPTIONS: Sunshine Coast developer Graeme Juniper is considering what to do with a prime piece of real estate he owns on Radical Bay on Magnetic Island, near Townsville.

Radical Bay is World Environment Heritage-listed.

This small box of a unit just sold for $1 million

Elizabeth Bay unit has charming views to Sydney Heads.

If this doesn't scream 'housing bubble', nothing does.

Ready to SELL your property?

Post Your Ad Here!