Man belts council worker
A MAN who punched a 66-year-old council worker in the face for impounding a dog was not sent to jail, despite having another conviction for the same offence.
Karl Eric Werner, age 31, was charged with serious assault of a person over 60 years after he attacked the Bundaberg Regional Council worker on Bargara Road last year.
Crown prosecutor Sandra Cupina told the court about two weeks before the July 2 assault took place, the victim had impounded the defendant's partner's dog and it had been put down.
“On the day of the offence the complainant was attending a job on Bargara Road, when the accused approached the complainant,” Ms Cupina said.
“The accused said 'this is for f...ing you'.”
The defendant formed a fist and then punched the 66-year-old council worker on the chin.
The victim suffered swelling and bruising on his face.
As court continued the defendant burst into tears, quietly sobbing in the prisoner's dock.
The prosecutor said Werner had a previous conviction of assault on a person over 60, breaching a domestic violence order, assaulting police and drugs offences.
But defence counsel Julie Sharp said her client had taken steps to change his ways by doing an anger management course and volunteering with Drug-Arm.
Ms Cupina responded and said many defendants, when faced with a jail term, stayed on the straight and narrow before their day in court.
Ms Sharp said she thought his efforts to rehabilitate were genuine and incarceration would not be worthwhile.
“He's not only completed, of his own accord, an anger management course, he's also sought regular help from a psychiatrist.
“In my submission the efforts he is making is addressing the root cause of his offending behaviour and imprisonment would be counter-productive.”
Judge Michael Noud said he also believed the defendant's efforts were genuine.
“You may well be at the crossroads because this kind of offending cannot be tolerated,” he said.
He convicted Werner and sentenced him to a six month intensive correction order.