A Canowindra man who pushed another person in an attempt to remove the person from an open doorway while smoking found himself before Cowra Local Court last week charged with common assault.
A Community Corrections Order to be of good behaviour for 12 months and convictions for common assault and possessing a prohibited drug were recorded against the man, Barry Clifford Selwood, 38, of Tilga Street.
According to police Selwood began arguing with the victim about 7pm on October 14 last year, pushing the victim in the chest and telling the victim, who was smoking, to move away from a doorway.
The victim, police said, moved to another location and verbalised an intention to call police.
Selwood then attempted to take the phone from the victim.
When police attended they could hear yelling from inside the Tilga Street house.
Police searched the house but were unable to immediately locate Selwood.
He was located, hiding in a cupboard, during a second search.
Police searched Selwood and found a clear bag containing cannabis.
During an interview with police Selwood denied pushing the victim but made admissions to physically trying to remove the phone.
The bag found on Selwood contained 6.4 grams of cannabis.
Convicting Selwood, magistrate Michael O’Brien said, “having regard to the facts, it would appear the assault is at the lower end of objective seriousness regarding an act of pushing the victim”.
“But it wasn’t the best way of getting his point across,” Mr O’Brien said in relation to Selwood attempting to remove the victim, who was smoking, from an open doorway.
“Having regard to his prior history, which doesn’t assist him, I’m proposing to deal with this matter by recording a conviction and placing Mr Selwood on a Community Corrections Order for 12 months,” Mr O’Brien said.
Referring to a Sentencing Assessment Report prepared for the court Mr O’Brien said Selwood had been assessed as being at a “low to median risk of re-offending”.
“What I am going to do is order supervision for him to contact Community Corrections, they will indicate to him what his obligations are.
“You are not to assault or threaten (the victim), “ Mr O’Brien told Selwood.
He was also told not to harass the victim or damage any property belonging to the victim.
He is also not to approach or accompany the victim within 12 hours of consuming alcohol.
“There are heavy penalties, including fines of up to $5500 and two years in prison for breaching these conditions,” Selwood was told.