Anwar Chahine’s conviction for assault overturned on appeal

A judge found there was not enough evidence to prove an up-and-coming rugby league player punched a mentally disabled man who tapped on his car window.

Anwar Chahine was convicted at Sutherland Local Court in March. Picture: Ashleigh Tullis

A personal trainer’s conviction has been quashed on appeal after a judge found there was not enough evidence to prove he punched a mentally disabled man who tapped on his car window.

Anwar Chahine, 20, was sentenced in Sutherland Local Court in March after he pleaded guilty to assault occasioning actual bodily harm.

He was convicted, placed on a community correction order for 12 months and fined $880.

Chahine appealed the sentence in Downing Centre District Court on Wednesday.

Judge Warwick Hunt said there were new agreed facts for the appeal which state the actual bodily harm amounted to a graze on the victim after Chahine pushed him.

The original agreed facts state Chahine, who lives at Bexley North, was stopped at a traffic light on Stoney Creek Rd, Bexley about 1pm on January 3 when a stranger who was working for Bayside Council as a meter reader noticed Chahine was using his mobile phone.

A personal trainer had a win in court. Picture: Ashleigh Tullis

The man, who lives with mental disabilities and autism, used his meter stick to tap on the Mercedes’ window to warn Chahine not to use his phone.

The facts state, Chahine immediately got out of the car and physically confronted the man, before he grabbed and pushed him into a concrete pillar.

The documents say Chahine continuously punched the man while he was on the ground for about 30 seconds before the man attempted to get back up but Chahine wrapped both arms around the man’s waist and slammed him back onto the ground.

The man was “violently physically restrained” until police arrived a short time later upon witnesses contacting triple 0, the documents say.

Magistrate Jillian Kiely labelled Chahine a “thug“ during sentencing, adding his actions were “completely off the charts” after his lawyer submitted his client’s actions were an “over the top reaction”.

Judge Hunt said the Crown and defence agreed Chahine’s response was disproportionate but he may have subjectively thought it was necessary albeit unreasonable in the circumstances.

The court heard Chahine perceived the tapping on the window to be forceful rather than light and it could not be ascertained if he was using a mobile phone at the time.

Judge Hunt said the Crown could not prove beyond reasonable doubt that Chahine had thrown a punch at the man.

He therefore found the level of harm to the victim was at the lowest end of objective seriousness, adding Chahine had demonstrated insight into his actions, remorse and had good prospects of rehabilitation.

Judge Hunt labelled an original article about the original sentence by this publication as “unflattering”, noting it had impacted on Chahine’s personal training business and on his up-and-coming rugby league football career.

The court also heard a psychological report said Chahine had symptoms of PTSD from an unrelated incident where he was the victim of an assault.

Judge Hunt found there was a causal connection between Chahine’s mental health, his reaction and his flight or fight response.

Chahine was placed on an 18-month conditional release order without conviction where he must be of good behaviour and continue psychological treatment.