The court also heard Damian John Fisk, 42, of Amber Close, Kelso, spat on a female victim during the incident.

Fisk appeared in person before magistrate Michael Allen in Bathurst Local Court charged with two counts of common assault.

Police facts tendered to the court told how the accused in the matter, Damian Fisk, attended the property of the female victim in the matter to assist her with moving items.

At this time the second victim, a male, attended the address in Messenger Street.

Police facts said the male victim and the accused became involved in a verbal argument a short time later.

As Fisk confronted the victim, the victim made inappropriate comments levelled towards Fisk’s now girlfriend, the police facts said.

The argument escalated and Fisk followed the male victim into the front room and physically assaulted him.

Fisk grabbed the victim and put his right arm across his throat, police facts said. 

The female victim attempted to get involved, which resulted in her being verbally abused and spat on by Fisk, police facts said.

She retreated from the situation in fear of being injured.

Fisk loosened his grip and the victim managed to move himself away from the accused and made his way to the front lawn, but Fisk followed him before pushing him into a garden bed.

The victim scrambled away and ran across the road screaming for help, police facts said.

Fisk continued yelling and screaming while the female victim stayed a safe distance away trying to talk the pair down.

Police were called to the scene and said they were met by the victims, who said the accused was inside.

Police entered the property and said they found him in the back room of the property.

Fisk was arrested by police. 

Police said both the female victim and the male victim told police she had been spat on and possibly physically assaulted.

They said the female victim would not provide a statement, however.

Fisk was subsequently charged.

On each charge of common assault, he was convicted and fined $440, with 28 days to pay.