A "cowardly" Canberra father who assaulted a man during an eight-hour "torture session" at Moncrieff has walked free from court after spending nearly nine months in custody.
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Chol Bol Nyuon, 30, was one of three people put on trial last Monday over what prosecutors called the "sadistic" kidnapping and assault of a 33-year-old man on October 2, 2019.
Nyuon was the last of the trio to change his plea midway through the trial, admitting to one count of common assault on Thursday.
The ACT Supreme Court previously heard 27-year-old Clinton Saki was the "ringleader" of the October 2 attack, which started when Saki accused the victim of stealing $450.
The victim denied stealing the money, and prosecutor Soraya Saikal-Skea said Saki went on to escalate the dispute to a "grossly disproportionate" level; burning the man with a clothing iron and a lighter, beating him with electrical cables, punching him, and choking him during the eight hours.
Mary John Ayuel, 22, was also at the Moncrieff house on October 2.
She strangled the victim with an electrical cable, stuck a knife in his mouth, dragged him into the laundry and jumped up and down on his head. When Ayuel threatened to kill the victim with the knife, Saki said: "We're not going to kill him this way, kill him in slow motion".
Lawyers agreed Nyuon had no part in kidnapping the man or confining him to the house, but the 30-year-old accepted he punched and kicked the victim at some point during the hours-long ordeal.
Barrister Beth Morrisroe on Friday said Nyuon had been in custody since October 6 last year, which was an excessive period for a common assault matter.
Prosecutors dropped more serious charges against Nyuon when he pleaded guilty.
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Ms Saikal-Skea said Nyuon's crime was made more serious by the context he committed it in. The victim had been tied up and stripped naked when Nyuon attacked him.
He was defenceless and in an extreme amount of pain, Ms Saikal-Skea said, and Nyuon's offending was cowardly and inexcusable.
Justice David Mossop said Nyuon had turned on and betrayed his victim, who in a statement said he was traumatised by the incident and would be permanently affected by it.
Justice Mossop sentenced Nyuon to 102 days or about three-and-a-half months' prison, backdated to account for the time he's already served.
Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
