Front Page
Logout

Advertisement

Popular Stories

Christmas Eve pub brawl a ‘classic scenario for manslaughter’

THE co-accused involved in one of several skirmishes that broke out on Christmas Eve outside The Caledonian Hotel last year led to a shearing contractor being charged with affray and assault but no conviction.

Reignbeau Apuwai, 30, of Hamilton, pleaded guilty in the Hamilton Magistrates’ Court on Wednesday and was represented by lawyer, Michael Fuller.

Police Prosecutor leading senior constable, Paul Harris, told the court that prior to the incident in the early morning of December 24, 2022, a large group had been celebrating the festive season and were drinking at The Cally.

The court was told the parties involved in the affray were not all known to each other prior to the offending behaviour.

At about 2.41am several patrons exited The Cally and stood outside, when one patron shoved another leading to the outbreak of a scuffle in which security personnel intervened and Hamilton police were called.

A witness later told police it was a “pretty full-on incident”.

“(They were) - all punching on.”

The court heard security was worried colleagues would be hit and at one point, a security officer was shoved, he stumbled, and Mr Apuwai noticed and attempted to intervene.

At another point, the accused was grabbed in a bear hug by an “aggressor” but was able to escape by throwing a punch.

This led to the victim falling backwards and onto the footpath. A security officer then drove the accused home.

The victim did not suffer any injuries - only a cut to the lip.

Mr Apuwai was arrested on February 7, 2023, and upon interview, said he had tried to de-escalate tensions outside the venue and “didn’t mean for it to go that far - I just wanted it to be over”.

“I had had enough of getting hit,” the court heard the defendant said.

“I threw a punch - I didn’t mean to knock him out.”

The court heard the accused admitted it would have been a scary incident for onlookers.

Mr Fuller told the court his client had substantial business in Victoria and Tasmania with around 100 shearers on his books.

Mr Fuller said it was a work break-up party his client was attending when several scuffles broke out involving multiple people.

He said his client was grabbed and assaulted and that in the incident he incurred bruised ribs and scratches.

“My client was assisted by another security guard and taken home,” Mr Fuller said.

“My client was cooperative with police and has no criminal history whatsoever.

“He has an unblemished record.”

Magistrate Gerard Lethbridge said this incident was exactly the reason people need to “keep themselves in check when drinking”.

“Reading between the lines, (the parties involved in the scuffle had obviously been) drinking for hours and hours,” he said.

“I accept that you (intervened) with the best of intentions, but you were no doubt affected by liquor.

“You then decided to intervene and more violence ensues.

“You ended up punching someone (resulting in their) loss of consciousness.

“That is the classic scenario for manslaughter.

“The number of times individuals end up dying because they are hit when they are drunk ... their reflexes are affected.

“They develop a subdural haemorrhage - they often recover consciousness, go home and die in their sleep.

“I have done countless manslaughters (court cases) on that basis.

“You could very easily have ended up in the County Court looking at a manslaughter sentence.”

Magistrate Lethbridge took into account that the defendant was not the main aggressor and that he was reacting to violence against him.

He also took into account that he was a person of good character and accepted the contribution the accused makes to the community.

Magistrate Lethbridge accordingly placed Mr Apuwai on a good behaviour bond for 12 months and fined him $1000 to be paid to the court fund.

“That’s a charity that assists people in need,” he said.

More From Spec.com.au

ADVERTISEMENT

Latest

ADVERTISEMENT

crossmenu