Face of Nation : Nou Loeung was about to dine with his family and guests when his frightened neighbour came to his Sydney home seeking help because her drunk and angry boyfriend had threatened her.
The law-abiding Loeung went outside with a guest to help her but the night ended with them being attacked by nine men – one of whom was fatally stabbed.
Describing the circumstances as unusual and the case as deserving leniency, Justice Natalie Adams on Friday spared Loeung jail, instead imposing a community penalty for wounding the boyfriend. The jurors found Loeung acted in self-defence and was only trying to protect his home, family and the neighbour, who’d turned to him for help.
But he was found guilty of wounding the neighbour’s boyfriend, Danny Nguyen, with intent to cause grievous bodily harm and of being armed with intent to commit an indictable offence, namely, assault.
“The unusual circumstances of this case do not require any significant element of general deterrence,” the judge said before placing him on a 20-month intensive corrections order.
She found the offence was an aberration for Loeung, who had strong family support, presented a low risk of re-offending and had excellent prospects for rehabilitation.
After Loeung had tried to calm the boyfriend, telling him he was drunk and “hitting a woman is not the answer”, Nguyen returned with eight mates in two cars. The judge said Nguyen had incited the ensuing affray during which Loeung and his guest were attacked.
Loeung had taken a combat knife outside and after he was pinned down and then stood up again, Mr Ho received the fatal wound to his abdomen.
After Mr Ho was taken to hospital in one car, Nguyen smashed other vehicles before returning to his own car with the remaining attackers.
They remained in the car as, unbeknown to Loeung and his guest, Nguyen could not find his keys. Loeung then took two knives outside and Nguyen, whose leg was out of the car, was wounded. The judge found rather than acting in revenge, Loeung used excessive self-defence when he wounded him.
Although Nguyen required 20 stitches, he did not suffer ongoing or permanent damage. Loeung spent over a month in custody after his arrest, when he did not receive adequate medical treatment for his hand injuries which occurred when he had tried to defend himself.
