A RUGBY league player jailed for breaking an opponent's jaw during a vicious on-field assault has successfully appealed against his 18-month sentence after a judge found that a "reprehensible" racial slur and a punch to the side of the head amounted to "gross provocation".
But Fijian national Iliesa Makita Cama, 27, could still have his VISA revoked and face deportation after his jail term was converted to an 18-month intensive corrections order in Newcastle District Court on Monday.
Cama, the Denman Devils reserve grade captain-coach, and Murrurundi Mavericks' forward Ryan Holman were opponents during a Group 21 game in May this year.
It was nearing the end of the game when Mr Holman tackled Cama and then struck him to the right side of the head while Cama was playing the ball. Cama punched Mr Holman to the ground and then Mr Holman called Cama a "black dog", according to an agreed statement of facts. It was then that Cama punched Mr Holman two or three times in the head while he was on the ground, knocking him unconscious for a number of minutes and breaking his jaw.
Mr Holman told the ABC in August that he "strongly disputed" Cama's claims of what provoked the attack.
But in Newcastle District Court on Monday it was an undisputed fact and the driving factor for Cama to avoid a jail term.
After hearing submissions from Cama's solicitor, Ben Hoffman, who said Cama could be placed on an intensive corrections order and perform community service in lieu of serving a jail term, DPP solicitor Brad Godson did not oppose that course.
"I think considering everything that would be suitable," Mr Godson said.
"It was a violent act but it wasn't without provocation. "And in the sporting arena that happens all too often. Racial slurs need to be eradicated. Cama reacted and reacted disproportionately... but he was hit and he was racially attacked."
Judge Tim Gartelmann, SC, agreed, noting the assault was extremely serious but the "gross provocation" reduced the objective seriousness of the offence.
"The conduct of the victim does not excuse that of [Cama]," Judge Gartelmann said. "However, it is clear that the conduct amounts to gross provocation."
Cama pleaded guilty to recklessly causing grievous bodily harm and was jailed in Muswellbrook Local Court in August for a maximum of 18 months, with a non-parole period of nine months.
He appealed the severity of the sentence and did not spend any time in custody.
Permanent residents who are not Australian citizens can fail the "character test" and be deported if they receive a custodial sentence of more than 12 months.
The conduct of the victim does not excuse that of [Cama]. However, it is clear that the conduct amounts to gross provocation.
Judge Tim Gartelmann, SC, said on Monday.
