Nikolas Livingston, Jack Lindsell sentenced for Bella Vista brawl

CCTV footage showing two men kicking and punching a teen in a ‘shocking’ turf war fight outside a Sydney hotel has been labelled ‘abhorrent’. See how they were punished for the ‘provoked’ attack.

Nikolas Stephen Livingston (formerly Timpson) and Jack Lindsell have learned their fates following a disturbing fight.

Two young men, including a dad, have learned their fate after they kicked, punched and kneed a teenage boy who dropped to the ground and huddled in a corner outside Quest Apartments at Bella Vista — an attack a magistrate savaged as senseless and disturbing.

Nikolas Stephen Livingston (formerly Timpson) and Jack Lindsell fronted Parramatta Local Court on Friday when footage outside the apartments from December 5, 2020, was played and showed Livingston throw multiple punches, knee and kick the victim before Lindsell joins in and kicks the 17-year-old boy.

The clip showed the spill-over from an initial fight that night between two groups who were at the Norbrik Drive serviced apartments celebrating their mates’ birthdays before being ejected ahead of the 11.10pm attack.

Livingston, of Northmead, and Lindsell, of Parramatta, pleaded guilty to charges of affray in September.

On Friday, the matter for co-accused Farruah Roshan, 27, was adjourned to November 18 so he could make an application to change the plea of guilt he entered last month for the affray.

Mr Roshan is alleging he acted in self-defence. After Magistrate Stephen Barlow viewed the CCTV footage played to the court of Mr Roshan, he said: “Well he’s going to have some problems.’’

Livingston’s solicitor Jack Dunn told the court his client, who has attention-deficit hyperactivity disorder, was embarrassed about the melee.

Nikolas Livingston learned his fate after the ‘abhorrent’ attack at the Quest Apartments.

“The violence itself, it can’t be excused and it’s quite abhorrent to watch,’’ Mr Dunn said.

The court heard the warehouse packer showed little remorse but he did express some regret through the guilty plea.

“He’s shown he has moved on with his life,’’ Mr Livingston said, adding his client had not offended in the past two years since his arrest.

Mr Dunn told the court despite the victim falling to the ground, the teen and his group had provoked his client.

Lindsell’s lawyer Robert Kaufmann told the court the dad was caught up in the violent wash-up after the other group was brandishing weapons.

“He’s certainly of the view — the mistaken view — that he was acting in a form of self-defence but he’s seen the footage and he’s accepted he did the wrong thing,’’ he said.

“He certainly had no intention of being involved in any violent action that night.’’

“He is extra remorseful for the whole incident. He wishes he never went out that night.’’

Jack Lindsell pleaded guilty to affray.

Prosecutor John Marsh submitted Livingston’s actions warranted jail time, telling the court he threw 22 punches.

“The court is well aware a single punch alone can have a catastrophic blow,’’ Sgt Marsh said.

The court heard Livingston, 25, had just been handed a two-year good behaviour bond for drug possession and goods suspected stolen in/on premises just five days before the assault.

Affray carries a maximum jail sentence of 10 years in jail.

In sentencing the pair, Mr Barlow labelled the footage disturbing, and rejected the self-defence excuse as gratuitous and pulverising.

“It’s shocking,’’ he said.

He told the court the victim was initially aggressive but was “no doubt” cornered by Livingstone and Lindsell.

The boy was “relatively defenceless” and said the fight could have had catastrophic consequences.

“It was quite difficult to watch that footage and see …,’’ Mr Barlow said.

“He didn’t fall unconscious but he would have suffered pain from that.

“He was outnumbered at the time, which was really cowardly.

“It’s senseless. I don’t understand it. I really don’t get it but it’s quite obvious the court has to recognise these sorts of incidents are not in the public interest; they’re very dangerous.’’

He convicted Lindsell to a 12-month community correction order and 30 hours community service work.

Livingstone, whose mother supported him in court, was sentenced to an eight-month intensive corrections order, allowing him to serve his time in the community, and 40 hours’ community service.

How the ‘provoked’ attack unfolded

Before Livingston and Lindsell charged at the 17-year-old victim at the Quest Apartments, they were celebrating the birthday of their mate Farruah Roshan, who booked accommodation at the complex along with five other friends.

On the same night, a father had booked a room for the teen’s birthday.

Later that evening, court documents reveal security asked both parties to leave the Norbrik Drive hotel for being too noisy and having too many people in each room.

The groups did not know each other but about 11.10pm, they encountered each other in the foyer on the complex’s ground floor.

The court heard it was unclear what provoked the attack “or who the initial instigator was, however, it is likely to be related to a conflict between the Blacktown, Greater West and Inner West gangs”.

After a verbal stoush, the first fight erupted near the loading dock area of the serviced apartments.

A small part of the initial fight was captured on camera and shows the six teens assaulting a friend of Mr Roshan — who told police he was a professional fighter.

The court heard his attackers punched him “numerous times to the head and upper body area as well as kicking him to the abdomen”.

The court heard how Mr Roshan put his hands up towards his face in an attempt to protect himself before scuffling with the teen who allegedly caused the boy to fall to the ground.

It was the same teen who Lindsell and Livingston assaulted.

Farruah Roshan wants to change his plea of guilty.

The court heard how Mr Roshan was allegedly kicked to the groin area and struck to the left side of his face with an “unknown object” that left him with a 10cm laceration, several superficial wounds around his mouth and left eyebrow.

He allegedly saw blood on his clothes.

“It is possible that Roshan was wounded by one of the offenders wearing knuckle dusters or similar as Roshan recalls one of the males wearing a large ring on his finger,’’ court documents allege.

Livingston later told police one of the boys was wielding a box cutter but it was not known who caused the injuries.

Mr Roshan’s friend was struck to the back of the head with a blunt object and suffered several abrasions to his knees and legs, concussion, a 2cm laceration to his left shoulder resulting in his T-shirt being cut, superficial lacerations and bruising to his forehead and face.

Livingston sustained a small laceration to the back of his left shoulder.

After the initial fight, the groups began loitering in the carpark while they waited for an ambulance to arrive but that’s when Mr Roshan allegedly joined Livingston in kicking and kneeing the 17-year-old victim to the head and upper body.

The court heard how the boy “can be seen crouching down, attempting to cover his head with his arms”.

“Lindsell can then be seen charging at the victim and knee striking him to the abdomen before dragging him to the ground.’’

Two guests at the hotel then had to break up the melee before Mr Roshan and a friend were taken to Westmead Hospital for treatment.

Members of the teen group were taken to Castle Hill and Hornsby police stations.

Mr Roshan received temporary sutures to hold the wound together before being assessed by the surgical team for possible surgery.

While cops interviewed him and showed him the footage, Livingston conceded “the incident looked bad”.

“It is believed that all parties had consumed intoxicating liquor prior to the offence occurring,’’ the court papers said.

The teens’ matters were finalised in the children’s court.