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



FATAL CRASH: Motorbike rider dies after serious accident

Ambulance with lights on

Photo Tony Martin / Daily Mercury

The man died on scene when a motorbike and a car collided.

The best places for lunch in Ipswich

A number of readers voted Brassall Seafood and Takeaway as the best place to grab lunch.

WE ASKED you where your favourite place to go for a local lunch is

Why these Ipswich teams are recharged for state league

Force co-captain Bree Farley (middle) keeps her teammates focused during Ipswich's comprehensive victory over Toowoomba on Saturday night.

Force basketballers have positive impact

Local Partners

Amy and Tyson Murr feast on My Kitchen Rules win

Controversial Queensland siblings secure $250,000 prize after out-cooking Valerie and Courtney Ferdinands in MKR finale.

Sam Thaiday stars in Broncos’ carpool karaoke

Sam Thaiday makes people laugh

What's on the small screen this week

My Kitchen Rule's mother and daughter contestants Valerie and Courtney.

MY KITCHEN Rules grand finalists face off and Love Child returns.

Ipswich serves up two home cooks for MasterChef auditions

CHASING A DREAM: Ipswich father Ben Ungermann, 32, has auditioned for the ninth season of MasterChef.

Dad of three makes it in front of MasterChef judges

Anthony LaPaglia steps out with new fiancee

Anthony LaPaglia.

Actor Anthony LaPaglia engaged to much younger girlfiend

Ronan Keating a dad for fourth time

Ronan Keating and Storm Keating.

Bouncing baby boy for Boyzone star

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!