Man avoids jail for attack on elderly man
A MAN has avoided jail for pushing a 63-year-old who had recently had both of his shoulders replaced.
The police report tendered in Warwick Magistrates Court yesterday revealed the attack by Mark Andrew Taylor came about after a feud over his caravan being parked on the victim's property.
According to the report, Taylor was living in a caravan parked on a block his sister rented from the victim on a 200ha cattle property in Karara.
When the victim came over to check on some cattle, and noticed the parked caravan he confronted Taylor who responded by shouting abuse, raising his fists and eventually shoving the 63-year-old.
The elderly property owner stumbled back and fell, though police said Taylor admitted he knew of the victim's surgery and did not punch him for that reason.
Magistrate Bevan Manthey noted while assaulting a man over 60 was more serious than a common assault, the 51-year-old attacker was "no spring chicken" who had a limited criminal history.
"It's at the low end... he's been out of trouble now for seven years," Mr Manthey said.
Taylor's defence lawyer Bonnie O'Brien told the court if it weren't for the victim's age, the charge would have been common assault rather than that of serious assault of a person over 60.
"It's nothing more than a slight push backwards and a verbal dispute that got a bit out of hand," she said.
The Karara man was further charged with one count of obstruction of police, after he pulled his arms away while being cuffed.
Ms O'Brien explained her client was in a car crash 14 years ago, that caused significant damage to his shoulders
"He can't hold his arms back behind his back to a certain angle," she said.
She said in the heat of the moment, her client was unable to tell police of his injury, and simply responded through resistance.
Taylor pleaded guilty to serious assault and obstruct police. He was placed on a $800 good behaviour bond for 12 months and fined $300.
"I want another crack at him should he fail to keep the peace," Mr Manthey said.