A court has heard Nikorn Phonsaya, 30, showed “bravado and aggression” during a late-2024 confrontation. Photo: Michelle Kroll.
A man who showed “anger and aggression” during a road rage confrontation will spend several years behind bars for an almost-fatal attack.
Nikorn Phonsaya, 30, had been driving in Mitchell in September 2024 when he started tailgating another car, carrying the victim and his partner.
In the ACT Supreme Court on Friday (18 July), Acting Justice Michael Elkaim described his behaviour as highly immature.
“[Despite his age], based on the facts of this matter, he is yet to grow up.”
Phonsaya stopped next to the victim’s car at a set of traffic lights and ”revved” his vehicle.
The woman waved her hand, which Acting Justice Elkaim said was an attempt to ”move” Phonsaya on.
“The offender interpreted the gesture as being rude.”
He would follow them, shouting for the other car to pull over. The two cars pulled off the road and stopped in a nearby bus bay.
Acting Justice Elkaim said the two men got out of their cars.
“The offender moved quickly [towards the victim], displaying a demeanour of anger and aggression,” he said.
During the confrontation, Phonsaya told the victim to ”Tell your bitch to say sorry” and, with the “bravado of the aggressor”, asked the victim to hit him.
Phonsaya would go back to his car and collect several items, ultimately using a four-inch knife to stab the victim, who was rushed to hospital.
The victim would spend several days in hospital recovering from his injuries, which included a broken rib and a lung contusion. He would also return to hospital after the wound became infected.
Acting Justice Elkaim said the wound would likely have been fatal without emergency treatment.
He said that while Phonsaya was later found to have bruises to his cheek and arm from the fight, he accepted the victim was acting in self-defence.
During sentencing, the court also heard of the ongoing effects on the victim, such as insomnia, hypervigilance and PTSD.
His partner has also experienced ongoing nightmares and anxiety attacks.
The court heard Phonsaya was born in Canberra and had left school after Year 11 to work in various jobs, and that a family member’s letter described him as supportive and encouraging.
He had also attended several sessions on drug and alcohol use while in custody.
Acting Justice Elkaim said a letter from Phonsaya “seems to attribute some blame” to the victim, but there was “absolutely no evidence to that effect”.
“I do not know the cause of the rage in this matter, but I can say it was totally unnecessary … [even worse was] the bravado and aggression in the confrontation after the two drivers emerged from their vehicles,” he said.
The court also heard Phonsaya had breached 17 good behaviour orders and had a suspended sentence at the time of the attack.
Acting Justice Elkaim rejected a request for an intensive corrections order (a kind of sentence served in the community), and handed Phonsaya a 38-month jail sentence.
He discounted the sentence for Phonsaya’s guilty plea to a charge of recklessly inflicting grievous bodily harm. The previously suspended sentence was also imposed.
Phonsaya’s non-parole period ends in December 2026.
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