Throwing stuff in people’s faces appears to be all the rage these days, after an elderly man faced Darwin local court for “splashing a small amount of beer” in a woman’s face at Darwin Trailer Boat Club.
The 70-year-old Territorian with 30 years’ experience in the NT public service areas of education, health, police and corrections; pled guilty to aggravated assault yesterday.
Defence barrister Michael Drury said his client attended four psychological counselling sessions since the incident in February 2023.
“He had been a member of the Darwin Trailer Boat Club for 30 years, without any incident.
“He’s not stepped foot inside since. After this very nasty incident, he left of his own free will and wasn’t asked to leave.
“There was no complaint made until late December. In January the police came and he made a full admission.
“At the time that this occurred, he and his wife were having racial slurs thrown at them by the intoxicated woman. She was in their space. She was upsetting his wife.
“They were called white c#nts. [inaudible] said this is our country. My client became very upset. He was upset that she’d been allowed to come in intoxicated at the place where he’s [inaudible] for 30 years.
“He had said you have to leave, we’re going to call the police.
“When the unintended victim came across, she started to back up. The victim, or the intoxicated woman, without realising the situation, it was asserted, it was in fact my client and his wife that were being racist.
“That was his understanding. If it was a mistaken belief, he will accept that, but that was his understanding.
“It happened very quickly. He got the [inaudible] of the beer, splashed it in their direction, and said a little splashed on her face, and that was it.”
Judge Stephen Geary: “He pleaded to assault.”
Barrister Drury: “And the reason why, as your honour would be well aware, an assault captures any application of force. There’s a specter of objective seriousness [inaudible].
“The reason why he hasn’t pleaded to a disorderly, in my submission, which really would have been more appropriate by public disorderly, by the time that matter was complained on, it was already out of time for there to be a matter of complaint.
“He also doesn’t want to shy away from the significance of what he’s done, so he’s put his hand up immediately and undertaken therapeutic steps to ensure it doesn’t happen again, by taking himself off to counselling of his own bat, in circumstances where he just really wanted to ensure that his response would never be so over-the-top in similar situations.
“The racism was something that really affected him because he feels as though, as his records show, that he’s really been a champion of indigenous education and advancement across the last 30 or 40 years.
“So whilst he does plead to that charge, it is an example, at the very lowest end in my submission, in that there was no actual harm; there was no threatened application of force; there was a small amount of liquid that splashed on somebodies face.
“That doesn’t detract of course from the fact that it should never have happened, and that the person who had a little bit of liquid splashed on their face is in [inaudible].
“It shouldn’t have happened. He’s done all he can to address the matter. He said he wanted to apologise, but he hasn’t been afforded that.
In sentencing, the judge said: “Your lawyer’s done his best for you, but this is the second time you’ve been before the courts on assault. The last time though, was ten years ago.
“On that occasion, you were given a non-conviction and a bond.
“You’ve kept out of trouble for the last ten years, but then we have this situation here.
“Ultimately, the behaviour of that drunken lady; you needed to take into account she was intoxicated, and ultimately, it was none of your business to be involved in that situation.
“It was for the Trailor Boat Club to deal with, not you, and that lady got involved, and you may have a different view of her conduct and whether she understood what was going on or not, but at the end of the day, you behaved in a manner that shows that when [inaudible] you might lose your temper in a very undignified way.
“I have before me all those reports and they speak very well of you. You do a lot of good work for Men’s Shed, and a few other good things there. I do take that into account.
“It’s unusual that people who come before the court for a second assault, that they get a non-conviction, but I have to say, given the material before me and the contributions you still make, I’m prepared to do that on one last occasion.
“If you’re back before the courts on assault, a conviction is the least you will be getting.
The man got a $100 levy and a 12-month good behaviour bond.
Apologies if the specifics of the incident aren’t clear enough, but the statement of facts wasn’t read-out in court as they normally aren’t, and there wasn’t time in my day to go through the normal application process to get them.
We are The Mango Inquirer.
