Hussein Saleh appeals jail sentence for road rage in Covid testing queue

A Sydney dad jailed for stomping on the head of a driver in a Covid testing line has made a bid for freedom, claiming CCTV did not capture a key exchange.

A Sydney dad behind a violent attack in a Covid testing line has made a bid to be released from jail, with his lawyer arguing the assault was “not unprovoked”.

Hussein Saleh, 34, was sentenced to 22 months prison with a 14-month non-parole period after he stomped on a man’s head in the south Sydney suburb of Carlton.

The builder had pleaded guilty to assault occasioning actual bodily harm, common assault and damaging property for the incident on December 28, 2021 and was jailed last month.

The court heard he pulled up at the Covid line and stopped next to the victim’s car.

Hussein Saleh, 34, was jailed last month over the incident. Picture: Supplied

Without even talking to the couple inside, he and his friend Ali Salim tried to use a screwdriver to smash the driver’s window before breaking the driver’s side mirror. After Salim jumped into the back seat and punched the driver in the head, Saleh climbed onto the car and punched the driver through the sunroof.

Saleh then stomped on the driver and the passenger with his foot — all of which was captured on CCTV.

At Sydney’s Downing District Court on Tuesday, Saleh’s lawyer Greg James SC argued his client’s wife had called him to the scene after she had been “confronted, abused and intimidated” by the pair Saleh later attacked.

While the victims had argued they approached Saleh’s wife only because she cut in front of him in the queue, Mr James said that was not what she claimed happened.

Hussein Saleh (left) and Ali Salim (r) are appealing their sentences. Picture: Ashleigh Tullis

“She was proceeding down O’Meara Street with her mother,” Mr James said.

“She came out of O’Meara Street — she couldn’t turn right. If she was to have done anything else than what she did she would’ve had to turn out onto Princes Highway ... what she does is goes out into the line up of traffic”.

Mr James acknowledged the victim objected to that version of events and was adamant she had pushed in front of him in the line, but the “seed” to the unfolding incident was her impression he had left the gap open to her.

Judge Garry Neilson asked: “How does that in any way exculpate your client?”

In response, Mr James said: “We don’t suggest it did, but what it did not do was give rise to a reasonable basis for the provocation (by the victim)”.

CCTV caught the two mates brazenly and violently attack the driver. Picture: Supplied

He added the CCTV footage did not show an earlier altercation in which the victim intimidated Saleh’s wife, causing her to fear for her safety and call police.

Mr James argued Saleh aimed to come “to the rescue” and “he and his friend went right off overboard and attacked both people he felt were attacking his wife, mother and infant child”.

“They did not act rationally — they did act impassionated, not in the calmness of contemplation … it’s a serious offence but it’s not an unprovoked offence.”

Judge Neilson was asked to re-sentence Saleh to a three-year intensive correction order, which Mr James said was “not to be regarded as some sort of let off or cheap sanction”.

Judge Neilson ordered a fresh pre-sentence assessment report to assess supervision, community service, home detention and anger management courses.

The appeal was part-heard and will return to court on September 25.

Salim, 35, was sentenced to 18 months jail with an 11-month non-parole period after pleading guilty to assault occasioning actual bodily harm and common assault. His appeal will be heard at Downing Centre District Court on July 26.