WITNESSES to the assault of a woman who was kicked repeatedly in a busy Bathurst street thought she was dead as she lay slumped and unconscious, Bathurst Local Court has heard.
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Five people who saw the Saturday afternoon assault in Howick Street told police of being “horrified by the brutality”.
The 38-year-old man who kicked the woman, Jamie Douglas Waring, has been jailed for two years by Magistrate Jan Stevenson.
Ms Stevenson heard Waring was pleading guilty but denying the facts as outlined by police.
Waring claimed through solicitor Leigh Haywood that “it was not the way it happened”, but the magistrate said it was a very serious assault.
Waring, of Durham Street, Bathurst was jailed by Ms Stevenson over contravention of apprehended violence orders and assault on August 15.
He was also jailed over a unrelated earlier assault in almost identical circumstances on May 3, when Waring was also charged with behaving in an offensive manner in central Howick Street.
The magistrate jailed Waring for two years for breaching the apprehended violence orders, expiring on August 18, 2011, and a concurrent 12 months with non parole one month for common assault, commencing on August 17, 2009, over the August incident near the corner of Peel and Howick streets.
In that incident, Waring was on bail as he and the woman walked with three children in Howick Street near Peel Street, about 4.30pm on Saturday, August 15.
Witnesses called police after observing an argument and Waring pushing the woman to the ground before kicking her back.
One witness called 000 and another person driving past in a car stopped, only to be confronted and abused by Waring, police said.
After kicking the woman as she lay on the ground, Warring picked up bags and threw them at the woman, who appeared to be unconscious.
According to police Waring yelled at the woman “get the [expletive] up”. Realising the woman was not getting up, Waring came back and kicked her again, the court heard.
Police said in the statement witnesses who saw the woman slumped in Waring’s arms “thought she was dead.”. She regained consciousness and Waring pulled her to her feet.
