Man suffers burns when evicted for perving on naked woman in shower

Two Army mates’ ‘honourable’ effort to remove a drunken party guest caught perving on a naked woman has landed them in court after the guest ended up in the fire pit.

Two Army mates’ ‘honourable’ effort to remove a drunken party guest caught perving on a naked woman has landed them in court after the guest ended up in the fire pit.

Samuel Isaac Bell, 28, from Deebing Heights, and Ryan John Nichols, 32, from Flinders View, each pleaded guilty to unlawfully pushing or tackling man causing him bodily harm in Ipswich Magistrates Court on September 17.

The court heart the men believed they were acting honourably and responsibly after the man was caught perving on a naked intoxicated woman in a shower at a party in Deebing Heights on August 4, 2019.

Both men were stood down from the Defence Force after being charged with assault causing grievous bodily harm.

However, after successful negotiations by their defence lawyers the Crown prosecution on Friday reduced the serious charge and both men pleaded to the lesser substituted charge.

No agreed Crown facts were read by the prosecutor onto the public record in the open courtroom. However, details gradually emerged during proceedings.

Samuel Bell leaves an Ipswich court with no conviction recorded after an incident at a party.

There was no updated medical report on the man’s injuries.

Defence lawyer Dominic Brunello said Bell had been stood down from the Australian Defence Force.

Mr Brunello revealed the context of the case, saying there had been an unpleasant situation and the complainant then became belligerent when asked to leave the party.

Mr Brunello said Bell pushed the man in response to his “drunken aggression”.

He was being removed after allegedly being found inside an ensuite bathroom where a drunk and naked woman was seen on the floor of the shower.

A female witness found the man sitting on the toilet watching the young woman and making comments to her.

Both men were told about his inappropriate behaviour and he was told to leave the bathroom but refused.

Mr Brunello said he was then forcibly removed.

While outside the man turned around and approached Bell and Nichols in front of a fire pit.

There had been yelling and the pushing incident occurred.

“He (Bell) concedes that his action (a push) was reckless,” Mr Brunello said.

“It was done on the grounds that the complainant was about to attack Mr Nichols or him.”
Mr Brunello said the long delay in the case being resolved caused Bell to suffer and there had been no offending since.

Ryan John Nichols leaves Ipswich Magistrates Court. Photo: Ross Irby

And as a result of the original more serious charge there had been additional punishment with the defence force intervening.

He said Bell was otherwise a man of very good character.

Mr Brunello sought as penalty either a bond or absolute discharge with no conviction recorded given the unusual circumstances and subjective analysis of what occurred.

Defence lawyer Justin Sibley said Nichols had also been with the Australian Defence Force and there was likely to be disciplinary action taken.

He was a fourth-generation soldier and as a result of being stood down Nichols was working in remote areas as a truck driver.

Mr Sibley said Nichols had not physically pushed the man.

He said the man was very intoxicated on the night and later given a version to police minimising his own role.

“He suffered bodily harm to his hand when fallen on the fire,” Mr Sibley said.

Mr Sibley said the circumstances (must be taken into account) where a vulnerable intoxicated female was potentially exposed to something of a sexual nature occurring to her.

“That is the basis he (Nichols) expressed his concerns,” Mr Sibley said.

“The complainant (man) had been saying things of a sexual nature.

“There was risk to the female naked in the shower.

“He was acting honourably (by removing the man).”

Mr Sibley conceded that the act (of pushing) had been reckless in the circumstances of occurring close to a fire pit. Because of his minimal role he sought an absolute discharge for Nichols with no conviction.

Magistrate Rob Turra found that the incident had been an aberration for both Bell and Nichols in their otherwise very good characters.

He found there was recklessness in the act of pushing the man near an open fire, but Bell had been acting to the man’s aggression in an otherwise controlled manner that “reduces your blameworthiness”.

Mr Turra said the bodily harm charge was made out by “deep burns suffered to the man’s hand”.

Bell was placed on a $1000 good behaviour bond with no conviction recorded.

Nichols was found to be party to the offence.

Mr Turra ordered that Nichols be released absolutely with no punishment or conviction recorded.