A 54-year-old Eugowra man charged with assault occasioning actual bodily harm ended up with more injuries than his victim.
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Wayne Gregory Cheney of The Escort Way at Eugowra was charged with assault and stalk/intimidate following an incident on April 30.
According to police facts, about 11.20pm Cheney went to the victim’s home where the two had a discussion.
During the discussion Cheney called the victim a thief.
Following the discussion Cheney returned to his vehicle and retrieved a baseball bat.
He swung the bat at the victim once, missing, before swinging again hitting the victim on the elbow.
The victim was also hit in the stomach after Cheney swung the bat several more times.
The victim then tried to hold onto the bat to stop Cheney from hitting him.
The two then wrestled to the ground.
The victim then punched Cheney twice to the face and head butted him.
He then punched him again before getting the bat off him.
Cheney was restrained on the ground and told his victim “when I get up I’ll rip your heart out, I’m gonna get my gun and shoot you” which lead to the charge of stalk and intimidate.
Cheney was then restrained while the victim called for assistance from a local hotel and also called the police.
Police said Cheney was offered a drink of water but his solicitor told the court Cheney was told the drink contained urine.
As a result of the assault the victim received four stitches, two internal and two external to his elbow.
Cheney received two black eyes and bruising to his forehead and face.
Convicting Cheney of both offences, local court magistrate Peter Dare placed him on two Section 9 bonds to be of good behaviour for 12 months.
In defence of his client solicitor Madden told the court Cheney and the victim had a history which stretched back to their days together at school.
“He’s never had a victory against the victim,” Mr Madden said.
He added his client had been experiencing emotional turmoil.
“It was wrong, he shouldn’t have gone there, he went back to the car and got the bat.
“He doesn’t believe he made contact with the bat.
“He started this and it got out of hand.
“It shouldn’t have happened and wouldn’t have happened if he didn’t go around there,” Mr Madden said of his client’s actions.
“He has nothing else on his record.
“His possessions were taken from his house.
“This all created a perfect storm.
