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BackNicky Winmar appeals six-month jail sentence for assault in northern Victoria
Nicky Winmar appeals six-month jail sentence for assault in northern Victoria
Developing
ABC Business1 hour agoCrime2 min readAustralia

Nicky Winmar appeals six-month jail sentence for assault in northern Victoria

Quick Look

  • Former Australian rules footballer Nicky Winmar is appealing a six-month jail sentence for assaulting a woman in Cohuna, Victoria, after being found guilty of three counts of assault involving dragging her by the hair and smashing her head against a door.
  • The sentence includes a 12-month community corrections order, and Winmar has been released on bail pending appeal.

AI-generated summary

Why It Matters

Nicky Winmar is a former Australian rules footballer known for his iconic stand against racism in 1993. He has prior convictions for alcohol-fuelled assault, including a 2019 community corrections order for assaulting a taxi driver.

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Disgraced footballer Nicky Winmar is appealing a six-month jail sentence for assaulting a woman in northern Victoria last year.

Last month, Winmar was found guilty of three counts of assault after he smashed a woman's head against a door and dragged her by the hair in Cohuna, north of Bendigo.

At a plea hearing earlier this month, the victim, who cannot be identified, said Winmar's attack had left her a "shadow of the person" she was.

Winmar has since been removed from the Australian Football Hall of Fame and a bronze statue of his response to racist abuse, which stood outside Perth Stadium in his home state, has been removed.

On Friday the 60-year-old was handed a six-month jail sentence with a 12-month community corrections order to be completed upon his release.

Magistrate Trieu Huynh said Winmar's victim reported feeling broken and had told the court she could not understand how someone "could be so brutal".

"Your actions were unprovoked and came seemingly out of nowhere," Magistrate Huynh said.

Winmar sat alone in the front row of the court room as the magistrate delivered his sentence.

Magistrate Huynh accepted Winmar had been impacted by his removal of various footballing accolades, but said he placed "limited weight" on it in sentencing.

His lawyers immediately appealed the conviction and sentence in the Bendigo Magistrates' Court and Winmar was released on bail on the condition he not contact any of the prosecution's witnesses.

Winmar said nothing as he left the court on Friday afternoon. His lawyer, Dermot Dann, refused to comment.

Dragged by ponytail

Magistrate Huynh said he was most concerned about Winmar's history of "alcohol-fuelled violent offending".

In 2019 Winmar was sentenced to a community corrections order, including 100 hours of community service, for the drunken assault of a taxi driver.

Friday's sentencing followed a three-day hearing in May in which the victim described feeling "petrified" and fearing for her life.

She told the court Winmar came up "screaming" behind her, grabbing her arm and twisting it, before dragging her by her ponytail and smashing her head against a door.

Winmar pleaded not guilty during the case, but the magistrate found him guilty of the charges beyond reasonable doubt after hearing evidence from the victim and other witnesses.

During the previous hearing, the prosecution called for Winmar to be jailed over the attack, noting his prior convictions for assault.

But Mr Dann KC told the court a community corrections order was appropriate and that jail should be a "last resort".

He told the court Winmar struggled with depression, PTSD and alcohol use, and had made a significant contribution in taking a stand against racism.

Mr Dann said investigations were underway to determine whether Winmar had an acquired brain injury or developed CTE from concussions in his playing career.

Winmar's appeal will be heard at a later date.

What to Watch

AI outlook — possibilities, not facts

  • Winmar's appeal will be heard at a later date in the Bendigo Magistrates' Court

    Certain · Within weeks

  • Investigations into whether Winmar has an acquired brain injury or CTE will continue

    Likely · Within months

Open Questions

  • What is the outcome of the investigation into whether Winmar has an acquired brain injury or CTE?
  • Will the appeal succeed in reducing or overturning the sentence?
  • What conditions are attached to Winmar's bail besides not contacting prosecution witnesses?

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This article was originally published by ABC Business.

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