Magistrate Michael Allen said a clear message must be sent to the community that taxi drivers were to be protected and that attacks were far too common.

Mr Allen’s appeal this week came as he convicted and fined a 34-year-old man $800 on a charge of common assault.

Simon Holmes, formerly of Morts Estate, was before the court in relation to an incident in Newcastle on March 9 this year.

A second charge of assault occasioning actual bodily harm had earlier been withdrawn.

Holmes’ solicitor Emma Mason had asked the court to consider finding her client guilty without recording a conviction, but Mr Allen said the assault was “far too serious” for that.

He described Holmes’ behaviour on the day as “disgraceful” and said violence against taxi drivers was occurring far too often in the community.

“Taxi drivers work for not a lot of money and too many taxi drivers are subject to this type of abuse,” Mr Allen said.

“It is a matter in my mind that calls for the stern condemnation that only comes with a conviction.” 

Police facts tendered to the court said Holmes called for a cab on the evening of March 9, but as soon as he got in the car he started yelling at the driver, saying he had been waiting 20 minutes for the cab.

When Holmes tried to get out at a red light, telling the driver he wasn’t going to pay, the driver asked him to calm down and wait until he could pull over at the side of the road.

When the taxi stopped and the driver asked him to get out, Holmes refused before moving into the middle of the back seat and accusing the taxi driver of trying to kidnap him.

The driver again told Holmes to calm down. He told Holmes to get out of the cab, but Holmes refused, and continued yelling and swearing at the driver.

When the taxi driver started driving to a police station, Holmes grabbed the driver on the shoulder and began squeezing it.

He then grabbed the driver by the hair, pulling his head backwards before putting his forearms around the driver’s neck and choking him.

The driver flagged down another car for help and when the police arrived, Holmes still had hold of the driver.

Ms Mason told the court her client had endured difficult times, including the loss of his job and end of his 10-year marriage.

She said his behaviour was the result of both frustration and intoxication.

But Mr Allen said this did not excuse his behaviour, which could “only be described as abhorrent”.

“Too many people get drunk and act out,” he said. “A message of deterrence has to trickle out to the community that it’s not on.”

“... That fellow [the driver] is probably a battler trying to make a living to feed his kids, pay their school fees and put a roof over their head.

“It’s not on.”