Hussein Saleh, Ali Salim appeal road rage attack in Carlton Covid testing line
Two friends who viciously attacked a couple waiting in a Covid testing queue with stomps to the head through a sunroof have appealed their jail terms. Watch the shocking CCTV footage.
St George Shire Standard
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A father has been ordered to complete 10 months of home detention after he and his mate attacked a couple waiting in a Covid testing queue with stomps to the head through a sunroof and punches to the back of the head.
Hussein Saleh, 34, and Ali Salim, 35, pleaded guilty and were sentenced in Sutherland Local Court on May 12 for assault occasioning actual bodily harm and common assault.
Saleh also pleaded guilty to damaging property.
Saleh was sentenced to 22 months jail with a 14 month non-parole period, while Salim was ordered to serve 18 months in jail with an 11 month non-parole period.
But both men successfully appealed their sentences and will not have to serve any full-time imprisonment.
Agreed facts tendered to the court said a male driver and his female passenger were waiting in a Covid drive-through testing line for more than three hours before 10am on December 28, 2021 when a white Lexus cut the line in front of a man’s Prado.
A couple got out of the Prado and approached the Lexus before they returned and beeped the horn repeatedly to try to make her leave.
The court heard the Lexus driver, Saleh’s wife – who was not charged – called her husband and a short time later, the mates arrived and stopped it next to the Prado.
Saleh immediately smashed the driver’s window with a screwdriver and Salim got into the back seat and punched the driver in the head, causing bruising and pain.
Saleh climbed onto the car and punched the driver in the head through the sunroof before he stood inside it and stomped his foot, hitting the driver and the female passenger.
Police arrived a short time later, reviewing the CCTV footage before the men were charged.
Following the sentence, Saleh was taken into custody before successfully being released to bail while Salim was immediately granted bail to wait for his appeal.
District Court Judge Garry Neilson granted Saleh’s appeal in September to instead spend 14 months in home detention and serve the remainder of the 22-month sentence in the community through an intensive correction order with 150 hours of community service.
In Sydney District Court on Friday, Judge Neilson heard Salim’s appeal where he agreed with Magistrate Hugh Donnelly’s remarks on sentence that Saleh’s actions were more serious because of the “high degree of violence...including stomping on the victims”.
Judge Neilson also accepted that Salim made multiple “closed fists punches to the back of the victim’s head in a confined space of a vehicle”.
The court heard Salim was initially assessed to be ineligible to undertake community service because of his work hours, but barrister Greg James said his client’s work commitments had changed.
Mr James said the civil construction contractor was working nights and days and provided care to his children, adding he could complete community service.
However, Judge Neilson noted there was no updated report indicating if community corrections would supervise him and therefore he could not impose any community service work hours, noting he did not want to delay the proceedings any longer.
Judge Neilson noted Mr Donnelly did not consider home detention.
He said Salim’s original sentence was too harsh given his more limited role and sentenced him to 14 months imprisonment with a 10-month non parole period to be served in home detention with the remaining four in the community on an intensive corrections order.