Two men fight because of a noisy dog

TWENTY-YEAR-OLD Darcy Andrew Webb punched his 65-year-old neighbour in the head and face "about 10 times" in the driveway of his residence after the men argued over a noisy dog.

In the Mackay Magistrates Court yesterday Webb pleaded guilty to unlawful assault and was ordered to spend last night in the watch-house before today's expected sentencing.

Prosecutor Sergeant Sabine Scott told the court that at 8.30pm on June 15, Webb yelled to his neighbour to "shut the (expletive) up" before the men exchanged words over a small wire fence separating their properties.

Sgt Scott said the victim tried to climb over the wire fence and fell to the ground on Webb's driveway.

Webb then punched the victim about 10 times until a friend told him to stop.

Sgt Scott said Webb admitted to police that he had an argument with the neighbour, who then tried to punch him from across the fence, lost his balance, and fell onto the driveway.

Webb told police the neighbour continued to attempt to punch him from the ground but none of the punches made contact.

Sgt Scott said the victim spent the night in hospital and suffered multiple face and eye injuries, hematoma, bleeding and fractures of the face, head and nose.

The incident was an example of a "high level" assault, falling just short of grievous bodily harm, she said.

Defence solicitor Dennis Lynch said his client thought the victim was about 40 or 45 years old and couldn't see properly because it was dark.

He submitted that fines were appropriate for the offence, saying his client had no prior convictions and genuine prospects for the future.

Magistrate Damien Dwyer adjourned the matter for sentencing tomorrow.

"If anything is going to save him, it's his age, that's the only thing," he said.

He denied a request for bail, saying Webb should spend the night in the watchhouse because it was a "serious" offence.



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