A MAN who backhanded another man after he swore at him has been convicted and placed on a Section 9 bond for 12 months.
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Mark Andrew Bennett, 39, of Loren Street, Eglinton, appeared before magistrate Michael Allen in Bathurst Local Court to answer a charge of assault occasioning actual bodily harm.
Police facts tendered to the court told how Bennett was called to a home in Kelso on October 23 last year to take the victim away from the house.
The victim refused to leave and police were called.
Police spoke with both the victim and Bennett and police told the victim he was to leave with Bennett, as the victim was no longer allowed to stay at the property.
Police facts said after Bennett and the victim left the property, the victim called him a [expletive] and Bennett, angered by the comment, backhanded the victim to the face.
The accused stopped the car near Eleven Mile Drive and the victim said he got out and was about to run away when the accused stood in front of him and punched him in the forehead.
The victim said he fell to the ground and, crawling backwards on his hands, tried to escape the accused. As he returned to his feet, the victim said the accused body-slammed him to the ground, climbed on top of him and punched him in the forehead. The victim said he climbed to his feet and ran to a safe place, where he was given ice for his injuries.
Police attended after receiving a call and spoke to the accused, who told them: “He swung at me a couple of times, so I punched him twice.”
Police spoke to the victim and saw the victim had a lump on his forehead and a cut lip.
Police took a statement from the victim and Bennett attended Bathurst Police Station later that night.
During the interview, he said at no time did the victim fall to the ground, nor did he climb on top of the victim to punch him. He said the victim ran from the car and he ran after him and tried to grab hold of him and then punched him twice in the face.
References for Bennett spoke highly of his character and disposition.