Brawls and Chinese Takeaways

"Chinese Takeaway" by Nick Page Photos

The dock
The prosecution had begun their case by describing Mr O as a 'towering man'. I can tell you now, that he was quite a large gentleman standing up. He had been a builder for over 30 years, and you can tell that he had that look about him: rough hands, a large build, and quite masculine. Yet, he appeared quite small sitting down, he was hunched over. He looked like he was in a bad way, and he was. He faced a minimum of 5 years custody for a section 18 offence which he had just pleaded guilty for. He looked towards his two adult children in the public gallery throughout the sentencing process. Perhaps he looked to comfort them, or maybe he needed the reassurance at that point. 

The facts

One fateful night in 2022, Mr O went to the pub for a drink. He had lost his kids to a housefire three decades prior. Perhaps he was drinking to remember them, or maybe because he was just stressed from work. Mr O decided to place a bet on a horse while he was in the pub. His horse won but he was not given any of the money, and so he became understandably agitated. Mr P allegedly made a comment about how Mr O was a poor father for allowing his children to die in a housefire. After a verbal accost, he was asked to leave by the pub landlord. 

Mr O went first to a chip shop where he purchased some chips. Then, he went to a Chinese takeaway, but before placing an order, he saw Mr P withdrawing money from the local ATM. Mr P was taking out cash for his cab home. Mr O then snuck up behind Mr P, and with Mr P's back turned, punched him. Mr P, who was suffering with arthritis and abnormally weak bones, instantly fractured his femur and lay down in pain. 

Mr O verbally abused Mr P, kicking him in the back and threatening to kill him. At one point, he raised his foot over Mr P's head. 

Impact of offending

Mr P became wheelchair bound for two years. In 2024, he was finally able to walk again with the help of cutches. He has lost his job and suffers from clinical depression. He is afraid to socialise or leave his home without support from his family and friends. He says that he is a new man because of it and that his family see him differently too. 

Mr O, the defendant, did not fair any better. He had gained weight, suffers from depression, and has also lost his job. Mr O was in a good way before this and was a well recognised man in the community.

Requested adjournment

'I would like some time to sort out my finances, get my things in order, and get my medication' is what the defence barrister said Mr O requested. Mr O had committed the offence in 2022, and that is what the judge remarked. Mr O had already had enough time to get his life in order. I imagine the judge had little sympathy for him given the gravity of the offence and how he had been on bail for almost 3 years. Mr O had pleaded guilty on the same day that he was sentenced. 

No pre-sentence report

His honour, with the assistance of Archibald, decided that he did not need to order a pre-sentence report because Mr O had previous convictions. He had lost his good character in 2006 for an assault. The defence argued that he had not committed an offence since then, that he had turned his life around, and that he had never served a custodial sentence. The prosecution offered no reply. His honour was not required to order a report, but was strongly encouraged by Archibald. After careful deliberation, he did not. 

The sentence

Mr O was asked to stand up. As I looked at my watch, the sentencing lasted no longer than 10 minutes. I imagine that it must have lasted a lifetime for Mr O. His whole life came crashing down, and he was no longer in control of the direction it went. His barrister had done all she could to mitigate the offence to the lowest category, citing his work in the community, lack of offending, and general good character. 

He was shaking. I could not tell if he was on the verge of tears and was just trying to man it through, or whether he was just nervous. I felt bad for him. It looked like he made a mistake. But the law makes no allowance for drunk mistakes, in fact, it aggravates them.

As the sentence of five years and a half was read out, one of his children sobbed, one comforting the other. Mr O looked back one final time 'I will be alright, don't worry'. They both got up and left. The sentence got retribution for Mr P,. but he will never move like he used to. We can be sure that one family was destroyed three years ago, and another today.