A Sudanese woman who stole a mobile phone from a man who had been bashed unconscious by a male associate was ordered to undertake a Community Corrections Order to perform 100 hours of unpaid community work.
The County Court sitting at Mildura on 16 September 2013 was told that 18-year-old Agar Yak had been consuming wine with two co-accused Sudanese men for about five hours before the assault and theft took place.
Crown prosecutor David O’Doherty said Yak and the two men left the house in Chapman Street, Swan Hill, Victoria in the early hours of 21 January 2013 after a 21-year-old co-accused had made repeated references about wanting to knock out a white boy, drag him inside the house, cut his throat and kill him.
Mr O’Doherty said the group were walking along Chapman Street when the 22-year-old victim was seen walking towards them.
The prosecutor said the 21-year-old male commented “let’s bash him up” before he confronted the victim and said to his co-accused in his native Sudanese language that he wanted to “cut the white boy’s head off”.
He said another 21-year-old co-accused male – Chol Monydhot – told his co-accused male associate to leave the victim alone and the trio began to walk away.
However, the court was told the aggressor ran from Yak and Monydhot towards the victim and after a brief chase, punched him to the face.
The victim lost consciousness and fell heavily to the bitumen road before the co-accused punched him twice more to the head and twice kicked him to the head “with great force”.
The attacker then commented to Yak and Monydhot that they should take the victim inside and cut his head off, but he fled the scene.
Mr O’Doherty said Yak and Monydhot dragged the man into the front yard of the house where they had earlier been consuming alcohol – next door to the victim’s house – and stole $25 and an iPhone while the man was still unconscious.
The pair then dragged him inside the house and put him in a bed in the front bedroom before police arrived.
The prosecutor said the two accused told police they found the man unconscious in the front yard and had helped to put him to bed, but later admitted their roles in the offending.
He said injuries to the victim included a fractured skull, fluid on his brain, broken nose, black eyes, bloodied and swollen mouth and grazing.
The court was told the victim was taken to Swan Hill Base Hospital and was later transported to the Alfred Hospital in Melbourne for further treatment on the day of the attack.
Counsel for Yak, Phillip Bloemen, told the court his client had been “in the wrong place with the wrong people at the wrong time”.
Mr Bloeman said Yak’s male co-accused were “bad news” and her mother had earlier warned her to stay away from the men.
The counsel said Yak was still living with her mother and helping her to operate a childcare business in Swan Hill, however a conviction on charges of theft and assisting an offender would come close to excluding her from obtaining the necessary working with children accreditation for future employment.