After being wrongly accused of stealing a drink, then being punched in a bar fight, a business owner threw a glass towards a group of people in a “moment of madness” that struck an innocent woman’s head.
Rafi Asfar Jisan, 32, avoided being sent to jail over the attack on 6 August 2021 when he was sentenced in the ACT Magistrates Court on Thursday (13 January).
His lawyer, James Maher from Kamy Saeedi Law, said it was close to midnight when his client was drunk at the bar with a friend.
Jisan was wrongly accused of stealing a drink, he said, which led to a confrontation. He was struck in the face, even though he was initially passive.
In “a moment of madness”, Mr Maher said, he was being kicked out of the bar when he threw a glass back at the people behind him that struck a woman who wasn’t involved in the incident.
This triggered another melee and he was punched a second time, then arrested that night.
Mr Maher said throwing the glass was retaliation for the situation his client had found himself in, and he had no malice for his victim.
Also, he said in his submission, Jisan wasn’t the original aggressor and the person who was hadn’t faced any charges.
Magistrate James Stewart described what he had done as an “extraordinarily reckless act” and showed him “striking out” by “lobbing” the glass, but fortunately, it hadn’t shattered, and the woman was only left with a small cut.
“It certainly will be embarrassing because he should be embarrassed,” he said.
“A man of his character should not have done what he did.”
The court heard Bangladesh-born Jisan owned a multifaceted business involving cleaning, painting and plastering, and had shown insight and remorse into his behaviour.
He pleaded guilty, was convicted of a charge of recklessly inflicting grievous bodily harm, and was fined $1500.
“Learn the lesson. Not acceptable,” Magistrate Stewart told him.