‘Cowardly’ attacker escapes jail due to brother’s sentence
MAGISTRATE Jason Schubert said he would have sent Namuka Dowling to jail had it not been for the “lenient” sentence his co-offender brother had already received.
Dowling, 22, of Emu Park, pleaded guilty in Yeppoon Magistrates Court last Thursday to two counts of assault occasioning bodily harm.
The charges stemmed from fights which occurred at an 18th birthday party at Brisbane in March, which was attended by a big crowd, mostly 17 and 18 year olds.
One of the victims suffered a fractured nose, swelling and bruising to his left eye socket and other areas of his face, and was taken to hospital.
The other sustained facial injuries.
Namuka’s brother and co-offender, Lenakel Dowling, was sentenced in September after pleading guilty to assault occasioning bodily harm and common assault.
Lenakel, 22, was fined a total of $1500 and ordered to pay $1000 compensation to one victim and $250 to another by Acting Magistrate John Milburn.
In court last Thursday when hearing Namuka’s matters, Magistrate Schubert said he had to take into account the sentence which had been imposed on Lenakel.
“This offending involved cowardly violence,” Mr Schubert said.
“It’s occurred in circumstances where you were having an argument with someone.
“Your brother comes along and punches him in the face.
“You then take the opportunity to assault that person with your brother standing there punching him numerous times in the face and the body.
“A good Samaritan comes along and tries to intervene.
“You and your brother decide to sort the good Samaritan out.
“Again, a cowardly manner, in a two against one situation you and your brother proceed to assault the good Samaritan, in the circumstances, with a closed fist to the mouth.
“I need a sentence that adequately punishes you for your cowardly acts of violence.
“I do though, have to take into account the sentence, the lenient sentence, that I believe was imposed on your brother, the co-accused.
“Albeit he had no history and wasn’t subject to a probation order (like Namuka).
“If not but for that sentence for the co-accused, the circumstances (here) where I have two assault occasioning bodily harm charges, where the nature and the seriousness of them calls for specific deterrence, general deterrence and protection… I would have ordered you actually spent some time in jail.”
Mr Schubert sentenced Namuka to three months’ jail, wholly suspended for 15 months.
He also placed Namuka on a 15-month probation order with conditions.
Namuka was further ordered to pay $1000 compensation to one of his victims, and $500 to the other.
A conviction was recorded.
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