Man bit part of his cousin's finger off after being called a 'witch'

After being called a “witch”, a man jumped on his cousin and bit his finger off, although he later claimed it had been an accident.

Yaak Akoi, 37, pleaded guilty to the assault just days before he was to face a hearing to fight his charges and was spared being sent to jail when he was sentenced on Wednesday (13 December).

He and his victim were extended cousins and had been drinking at a gathering in Watson on 2 April 2022, the ACT Supreme Court heard.

The pair got into an argument on the couch after Akoi called the other man a “witch”.

“If I am a witch, you are more of a witch,” the victim told him.

The victim tried to leave because he thought Akoi was drunk and getting aggressive, but Akoi pushed himself onto the victim and choked him.

When the victim tried to push him away, Akoi grabbed his hand and bit down on his little finger, severing the tip.

Another guest separated the pair before Akoi spat the fingertip out of his mouth.

He told the guests it had been “an accident”, and when police arrived, he appeared to be heavily intoxicated and told them “sorry” and “I plead guilty”.

The severed fingertip was found and the victim went to hospital to have it reattached. However, this was ultimately unsuccessful as it became infected.

Justice David Mossop said the attack on the victim was unprovoked and had resulted in permanent damage, but it was not premeditated.

He said Akoi was born in what is now South Sudan and grew up during the Sudanese Civil War, during which he witnessed violence. For instance, his father was murdered during the conflict.

He later fled with his uncle to a refugee camp in Kenya, and when Akoi tried to return to Sudan to find his mother, he was shot.

He came to Australia in 2005 on a refugee visa before obtaining citizenship.

Akoi has been working precasting and patching concrete slabs and sends $250 a week to his mother and siblings who are in a Kenyan refugee camp.

Justice Mossop said he did have a problem when it came to drinking alcohol, as he had drink driving convictions and intoxication was part of this assault.

Akoi did minimise his offending to the author of a pre-sentence report, saying the offence occurred by accident and positioned himself as a victim, claiming he had been slapped and choked.

Justice Mossop said that as he had a strong subjective case, a full-time jail sentence was not required due to his background and his generally successful life in Australia.

Akoi was convicted and sentenced to nine months’ jail, fully suspended for an 18-month good behaviour order as well as 70 hours of community service.

He pleaded guilty to an unlawful act causing grievous bodily harm and a choking charge.