A MAN who viciously assaulted an 81-year-old man during a violent road-rage attack two years ago has been sentenced to six years’ jail.
Neville Cleland, 37, was yesterday sentenced in the Bendigo County Court, after being found guilty by a jury in August of one count of intentionally causing serious injury related to the 2008 road-rage bashing.
The attack upon 81-year-old John Scott knocked him unconscious on the side of the road near the busy Marong and Eaglehawk road intersection.
Mr Scott sustained injuries including a fractured eye socket, broken jaw and severe cuts and bruising, when he was attacked after a minor road accident on July 28, 2008.
In sentencing yesterday Judge Carolyn Douglas said the attack upon an elderly man who did not threaten Cleland in any way was appalling.
“As the trial judge I saw Mr Scott in the court room. Mr Scott clearly presents as an elderly man, it would have been obvious to the accused that he was an elderly man.’’
After the accident, Mr Scott was picking up glass from the middle of the road and moving it out of the way of other motorists when Cleland punched him from behind, knocking him to the ground.
Four witnesses gave evidence during the hearing last month saying they saw Cleland punch Mr Scott numerous times. Some said they saw him punch the old man while he lay limp on the side of the road.
Cleland pleaded not guilty to the attack. He said he punched Mr Scott in self-defence after the old man hit him first.
Cleland was 35 at the time, less than half Mr Scott’s age.
“This was an unprovoked attacked where Mr Scott was punched a number of times to a fragile area of anyone’s body, his head and face,’’ Judge Douglas said.
“That caused a number of fractures and it’s significant that Mr Scott was around 50 years older being in his early 80s and Mr Cleland in his 30s.
“I must send a message to others who consider elderly people soft targets.’’
Cleland, who has a history of violence on the roads, including convictions for recklessly causing serious injury, reckless conduct endangering serious injury, driving a motor car in a manner dangerous to the public and failing to stop after an accident, was sentenced to six years’ jail. He will be eligible for parole in four years.