A Tongan hotel bouncer has launched an appeal after he was given a seven-month jail sentence on Friday.
He was released on bail later in the day and is expected to reappear at the Orange District Court.
Joseph Tulikaki, 21, of Newport Street, appeared in Orange Local Court where he was given the jail sentence, which included a three-month non-parole period, for assault occasioning actual bodily harm, the Central Western Daily reported.
The charges were laid after Tulikaki, who was employed at a Summer Street hotel as a responsible service of alcohol (RSA) marshal, pushed a patron down three stairs resulting in them breaking their wrist.
According to a police report, the victim had been banned from the hotel after a previous altercation, in which Tulikaki was the victim, and one of the victim’s relatives was charged.
However, the victim was not told he was banned and when Tulikaki told him to leave about 1am on October 21, he reacted angrily and protested the ban saying he was being punished for his relative’s offence.
Although the victim slowly walked backwards towards the door he continued to protest the removal and yelled personal abuse at Tulikaki and threatened to fight.
When they got to a set of three stairs, Tulikaki grabbed the victim and pushed him down.
The victim put out his right hand as he fell and broke his wrist, and when he got up was marched out the door.
The victim’s right distal radius was broken and required surgery, he had to have plates and screws installed and was told he’d be unfit for work for six months.
Tulikaki’s solicitor Mason Manwaring said his client was only 20 years old at the time of the offence and his reaction was out of character.
“He says the abuse that was directed at him got to him,” Mr Manwaring said.
Tulikaki had a clean criminal record and positive references including from members of the Rural Fire Service and junior sport he volunteers with.
However, magistrate David Day said because he breached the trust of his position and severely injured the victim, the offence should incur a custodial sentence.
“People speak very highly of him and he has ambitions to end up being a paramedic,” Mr Day said.
He said a need for general deterrence also required a jail sentence.
“In my career on the bench your client is the second and second only RSA marshal that’s come before me [as an offender],” Mr Day said to Mr Manwaring.
