Man jailed after attack in bathroom
admitted assault while on bail for another offence.
Heman Viera, formerly of Warwick, was told by Puisne Judge the Hon. Mr.
Justice Ward: "You have a number of convictions for offences of a violent nature and the attack on this victim in the bathroom is one which must be deplored.'' Viera pleaded guilty to assaulting the man on October 5 last year. Crown counsel Mr. Mark Pettingill described the complainant as "an unusually small man of slight build.'' He said the man was sitting alone at the Sparrows Nest Bar on Reid Street at 1.15 a.m. when he was approached by Viera, a stranger at the time. The two talked for a while before Viera asked the man for a ride home.
The man refused and went to the bathroom. Viera then entered, grabbed him from behind and wrapped his arm around his neck.
Mr. Pettingill said Viera demanded money and placed his hand in the man's trouser pocket. He then pushed the left side of the man's face against the wall and punched him.
The victim shouted for help and was assisted by two men who entered the bathroom. Viera ran away.
Mr. Pettingill said as a result of the incident, the man's left cheek and right eye became swollen and bruised. He also suffered a cut below his eye which required stitches.
There was $150 in the man's wallet, which Mr. Pettingill said was not touched.
In a statement, Viera admitted asking the man for money and punching him when he refused. He initially denied gripping him around the neck and reaching into his pocket but later said it was possible he did not remember as he was drunk at the time.
A report read by Det. Con. Craig Morfitt, showed Viera had an extensive record dating back to 1982 while he was still a juvenile.
Det. Con. Morfitt said Viera committed this offence while on bail for another for which he received a nine-month prison sentence on November 4. Viera's lawyer, Mr. Tim Marshall said his client was remorseful.
"His overall condition which his record reflects is an unattractive one ...
there comes a time in a man's life when he looks back at the overall picture with the help of his family and can say enough is enough. He recognises his pattern which certainly over the last decade, is not something he wishes to continue.'' Mr. Ward ordered that Viera begin serving his sentence at the end of his current term of imprisonment.
