Man appeals sentence after brutal pub attack
A man found guilty of a violent assault at the Criterion Hotel in Young in January 2021, has challenged the severity of his sentence, while judge Judge Gordon Lerve has maintained the sentence is “extremely lenient”.
The brutal pub attack left the victim with brain injuries, after the offender pushed him off a table while he was dancing and punched him unconscious.
Ueseli Pupualii, who has been in jail since 5 April, appealed his two-year, 15-month non-parole sentence via video link from custody before Wagga Wagga District Court.
The 23-year-old pleaded guilty to one count of affray and two counts of assault occasioning actual bodily harm.
“I am firmly of the view that not only is this sentence not too severe it is bordering on the extremely lenient,” he said.
The judge who did not apply the initial sentence, told Pupaulii that if he had been presiding the initial case, the sentence would have been much harsher.
Three other people were injured in the affray as a security guard had to separate Pupaulii from the victim who was on the ground with the help of two other patrons.
“(The victim) was dancing on top of one of the tables before the appellant pushed the victim off the table,” Judge Lerve read from the facts.
Pupualii was escorted out of the pub and told not to return but not before “throwing two punches at (the victim’s) head causing him to be rendered unconscious and collapsing on the ground”.
The security guard, who had placed Pupaulii in a headlock, had earlier called for an ambulance.
“The appellant punched (the victim) to his forehead twice causing him to fall to the ground,” the facts stated.
Pupaulii attempted to start another fight outside the pub.
While police were attending another incident at the pub, they were informed of Pupaulii’s actions.
The victim was flown to a Sydney hospital with “significant right frontal hematoma” as well as haemorrhages.
“The appellant is fortunate in my view that he was not charged with something more serious so far as the victim is concerned,” Judge Lerve said.
“A bleed on the brain with residual sequelae could well justify a more serious charge.”
He said it was “essentially unprovoked violence in a licenced premises”.
Pupualii who has no prior criminal history wrote a letter of apology stating he had issues with alcohol, was regretful for his actions and sorry to the victims.
While it was said he has good prospects of rehabilitation, the judge said, “In my view the seriousness of the offending and the need to general deterrence overwhelms the other considerations in play.”
Irit Jackson, 26th May 2022
