Steven Kapele Daniel pleads guilty in Roma District Court to grievous bodily harm

A former nursing student who attacked a good Samaritan outside the Mucka Pub has fronted court for the vicious assault that sent a man to a Brisbane hospital.

General, generic file photo of Queensland Ambulance Service advanced care paramedics responding to a medical emergency in Cairns. Picture: Brendan Radke

A former nursing student whose prolonged alcohol misuse has sent him in and out of jail has faced court again, this time for an unprovoked attack on a good Samaritan.

Appearing via videolink from custody, Steven Kapele Daniel, 29, pleaded guilty in Roma District Court to grievous bodily harm while adversely affected by an intoxicating substance.

Crown prosecutor Matt Le Grand said on Christmas Day 2022, the complainant was having lunch with friends and family at the Mucka Pub in Muckadilla when he observed a car pull over across the road.

Daniel, who was the driver, got out of the vehicle with two passengers and was seen yelling in anger.

“The complainant attempted to go and give assistance … Mr Daniel continued his aggression, ultimately punching the complainant,” Mr Le Grand said.

“When the complainant struck back, Mr Daniel threw another punch … on the complainant’s right side of his face.”

The court was told the second punch resulted in the victim suffering a broken nose and fractured eye socket, and he was taken to Princess Alexandra Hospital in Brisbane where he required stitches and three weeks later returned for surgery

“Without the surgery he would have had permanent issues with his vision and he did sustain a period of double-vision as a result of the injury any way,” he said.

“It should be noted the complainant has been approached for a victim impact statement.

“He did not wish to provide one, however he did advise my office that he felt it was a bad outcome for trying to help someone in distress, but he does not hold any prejudice against Mr Daniel and does not wish to see him rot in jail.”

Mr Le Grand said the defendant has continuously come before the courts for violent offences since he was 18-years-old, with alcohol being a “common theme”.

During his most recent offending Daniel was subject to a probation order and suspended prison sentence, which he received after assaulting a driver in 2021.

Roma Court House.

“Mr Daniel was walking along the Warrego Highway, a driver saw him and he was flagged down by Mr Daniel so the driver pulled over.

“Mr Daniel was offered a lift by the driver, Mr Daniel responded by calling the driver ‘dog scum’ and spat in his face.

“Mr Daniel is a danger to the public in a real sense. He’s shown a willingness to … continue to commit violent offences while the subject of court orders.”

Defence barrister Jens Streit said his client was a young man battling alcohol misuse, depression and the effects of foetal alcohol spectrum disorder.

Mr Streit said the defendant has completed high school and started a Bachelor of Nursing, and while in custody he has undertaken a Certificate III in hospitality.

“Save for his difficulty with alcohol and substance use … He otherwise has the significant capacity to be a functioning member of society,” Mr Streit said.

“So he hasn’t, perhaps unlike other defendants, he hasn’t sat on his hands while in custody.

“His plan for the future is to engage with rehabilitation, to be a father to his young son and reconnect with his two older sons and to advance his career and complete his study.”

Judge Ken Barlow KC said Daniel should avoid consuming alcohol altogether.

“This is not your first offence of a similar nature. There have been many public nuisances, being drunk in public places, assaulting people, damaging property since 2012,” Mr Barlow said.

“It’s clear most of your offences, if not all of them, have had some association with your misuse of alcohol and on occasion illegal drugs.

“So far it seems to be you haven’t been a good father to any of your three sons. That’s no doubt disappointing to them and your partners.

“You need to get a hold of your life. You’re an intelligent man, you finished school, started a Bachelor of Nursing and now you’re doing a Certificate III in hospitality.”

Mr Barlow said the complainant was “very forgiving” to not hold a grudge against the defendant given the circumstances.

“You were being offered help by the person (you assaulted), because you just happened to stop in front of the place where he and friends were having lunch. There was no aggression – you just attacked him,” the judge said.

Daniel was sentenced to three years in jail for the grievous bodily harm charge and the suspended six month prison sentence was fully activated to be served concurrently.

The 291 days of pre-sentence custody was declared time served and a parole release date was set for March 2024.

Daniel was handed a 50 hour community service order to be completed within 12 months of release. A conviction was recorded.