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The Canberra Times
The Canberra Times
Hannah Neale

Construction worker slaps 12yo, takes his shoes in 'unusual' case

A Canberra construction company worker slapped a 12-year-old across the face, causing the boy to bleed, before taking the child's shoes.

The boy had been with a group of other children "causing a disturbance" outside the man's home before the assault.

Dimitri A Nikias, 57, who also goes by the name James Nikias, was sentenced in the ACT Magistrates Court on Wednesday. He works at Nikias Diamond, where another man also named Dimitri Nikias is a director.

He pleaded guilty to one charge of assault occasioning actual bodily harm.

Nikias received a non-conviction but was handed a six-month good behaviour order.

Magistrate Glenn Theakston described the facts of the case as "unusual".

"I don't think I've seen something like this before in court," Mr Theakston said.

The magistrate stated that in March, Nikias confronted a group of boys who were outside the 57-year-old's home "causing a disturbance".

Court documents state that after a brief verbal altercation the boys walked away and Nikias noticed the children had left rubbish on the grass and damaged a nearby tree.

The boys then "engaged a neighbour" who contacted Nikias for help. Nikias grabbed and physically restrained the victim and the boy punched him in the face.

In retaliation he slapped the boy's mouth causing a cut on the inside of his lip which started to bleed.

Maintaining a grip on the 12-year-old's arm, the man led the victim to a garden tap and washed the blood off the child's face and clothing.

At some point, Nikias removed the boy's shoes to prevent him running away.

Still gripping the boy's arm, Nikias then told the boy to walk him to his home so he could speak with his parents.

The 57-year-old left the boy at the house of a friend and threatened to return.

Mr Theakston said after the incident a "posse of friends and neighbours" visited Nikias' home and the police were called.

Dimitri Nikias, 57, leaves court on Wednesday. Picture by Hannah Neale

Officers were required to restrain several of the victim's family members and deploy capsicum spray to prevent Nikias from being assaulted.

Speaking to the court on Wednesday, the boy's mother said her son was introverted and "very shy".

She stated that since the assault the boy had suffered post traumatic stress disorder, irritability, inability to sleep at night and a distrust of strangers.

Nikias' lawyer, Michael Kukulies-Smith, said his client's motivation on the day of the assault was to "render assistance to neighbours".

"He accepts he overreacted but it is clear from the [facts of the case] that his action was a response to the actions of the young person," Mr Kukulies-Smith told the court.

"[Nikias] deeply regrets the response he took in the heat of the moment."

Mr Kukulies-Smith said his client had taken the boy's shoes because he had intended to keep the victim at his home "so that police could deal with the situation".

"There has been a degree of specific deterrence already served in terms of my client being threatened in that later exchange."

Prosecutor Samuel Carmichael argued against a non-conviction saying there were a number of aspects of the case which were not provoked.

"The behaviour looked at in totality should give the court the view ... there is more to the situation," Mr Carmichael said.

The magistrate found that Nikias' actions were a "spontaneous response" to provocation.

"The group of boys triggered some degree of alarm in the community when they are seen together. I don't know why that occurs," Mr Theakston said.

"[There was a] history of harassment by young people in the neighbourhood.

"There was a time when a 12 year old who did something wrong parents would expect an adult to bring it to their attention."

Mr Theakston said now, parents might be alarmed someone else got involved.

Nikias and the victim have been referred to take part in restorative justice.

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