Court hears assault was to "calm" victim

A 73-year-old Wyangala man has been given 12-month community corrections orders at Cowra Local Court.

Barry John Legge was before the court charged with common assault and intimidation intending fear.

According to police facts, on November 17, Legge and his victim were drinking, celebrating the victim's birthday.

He then went to a local club and continued drinking.

He then returned home and continued to drink with the victim, becoming well affected by alcohol.

This resulted in an argument between the victim and Legge over him not buying the victim enough birthday presents.

Legge then stood over the victim, intimidating them before punching them in the face and the back of the head with a half clenched fist.

He then grabbed the victim's hair and pulled it.

The victim then retreated to a bedroom and contacted their daughter and told her what had happened.

Police arrived around 10pm and spoke to both the victim and Legge in separate rooms.

The victim informed police that Legge had pulled their hair and punched them but declined to make a recorded statement.

Legge admitted to pulling the victim's hair but denied doing anything wrong.

Legge was arrested and taken to Cowra Police Station.

During a formal interview, Legge made full admissions to pulling the victim's hair saying, "I did it to shut [them] up".

Legge, who represented himself, told the court the victim had a lot of alcohol in their system and was only trying to clam the victim down when he assaulted them.

"I pulled [their] hair that's all it was," he said.

In sentencing Magistrate Michael O'Brien said alcohol played a role in Legge's offending but it was not a mitigating factor.

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