Christopher Khan sentenced for assaulting brother during dog attack
Instead of restraining his dog when it bit his brother, Christopher Khan hit the victim on the head after a fight over a hard hat.
Canberra Star
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A man has been ordered to perform community service after assaulting his brother in the midst of a dog attack.
The bizarre incident occurred after the siblings engaged in a hoo-ha over a hard hat at their mother’s Canberra home.
Christopher William Khan, of no fixed abode, faced the ACT Magistrates Court to be sentenced on Thursday, when he was fined $900 and ordered to perform 120 hours of community service as part of an 18-month good behaviour order.
The 37-year-old had previously pleaded guilty to charges of aggravated common assault, allowing a dog to attack a person, and driving while disqualified.
Court documents show he committed the first two crimes on a Saturday afternoon in June 2023, when he accused his brother of stealing his hard hat.
Following an argument about this, Khan went to a caravan out the front of the house.
An agreed statement of facts says his brother soon followed and asked another man in the caravan for some cannabis.
This triggered a second verbal argument, during which the facts say the victim “proceeded to wreck [Khan’s] tools and smash his things”.
During the physical altercation that ensued, Khan’s dog bit his brother on the right arm and both legs.
Prosecutor Ilsa Hattam told the court that instead of “restraining the animal while it was attacking his brother”, Khan took the opportunity to hit the victim on the top of the head.
By the time Khan eventually restrained the dog, it had left a number of puncture wounds on his brother’s limbs.
The victim also had a scratch and a red mark on his head as a result of Khan’s assault.
About four months later, at a time defence lawyer Simon Jackson said Khan was “deeply traumatised” by the death of his mother, he was pulled over on his way to her funeral.
Chief magistrate Lorraine Walker said Khan, who was disqualified from driving at the time, had come to the attention of police after overtaking them on the Monaro Highway in his hurry to make it to the funeral.
When police spoke to Khan, he pretended to be his brother.
Mr Jackson said his client had been “distraught” at the time of this “stupid representation”.
In sentencing, Ms Walker said the court was “clearly concerned about violence of any type”.
However, she said she was satisfied Khan could be dealt with by a sentence other than imprisonment.
Ms Walker noted Khan had spent three days in custody following the assault and dog attack.
She told him his fine would likely be discharged in recognition of his time behind bars.
The chief magistrate also disqualified Khan from driving for 12 months.
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