A MAN has avoided time in jail after he attacked his neighbour with a wooden stick, causing him to fall off a mobility scooter.
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Anthony Charles Guy, 58, appeared in the Bendigo Magistrates' Court on Wednesday where he pleaded guilty to one charge of recklessly causing injury.
The court heard about 7.30pm on January 2 last year, Guy was in his Bendigo property when the neighbour rode past on his mobility scooter.
Guy believed the man was yelling abuse at him so he came at the victim while carrying a wooden stick.
The court heard Guy used the weapon to hit the man three times to the back of the head.
The victim fell out of his mobility scooter and onto the grass. He had a cut to the back of the head, which was bleeding.
Guy left the victim on the ground and returned to his property. Another resident in the area contacted police and paramedics.
The court heard the victim had to be treated for a broken bone in his hand and a cut to the back of his head.
Police arrested Guy and took him to the Bendigo Police Station for questioning. He admitted to the assault but told police he had reacted to the man calling him a paedophile.
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Defence lawyer Deniz Yildirim told the court while there had been an ongoing dispute between Guy and the victim, there had been no further offending since the January 2020 incident.
Magistrate Russell Kelly acknowledged there was history between the two men but said it did not justify the behaviour.
"Sticks and stones will break my bones, as is evident in this case, but words will never hurt me," Mr Kelly said. "Bottom line, don't assault anybody."
Police prosecutor Senior Constable Martin Friend told the court a prison sentence would be within range given the seriousness of Guy's offending and his prior convictions.
But Mr Kelly chose to convict and fine Guy $1200. The magistrate said if the 58-year-old assaulted another person, he would be looking at a prison sentence.
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