Richard Mark Weatherby convicted over coffee and tennis racquet assault in neighbourhood dog dispute

Ashmont man Richard Mark Weatherby, 57, was on Wednesday sentenced on one count of assault occasioning actual bodily harm over the incident, which took place in the street two months ago.

About 3.10pm on September 11, the victim was walking his son home from school when he noticed two dogs out on the street playing ball.

The victim shouted out to Weatherby to come and get his dogs, but he didn't respond and the dogs ran towards the victim, frightening his son who was scared the dogs would bite him.

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After ensuring his son was out of harm's way, the victim returned and approached Weatherby, asking that he put his dogs in the backyard, but the accused continually refused to do so and ignored him.

At this, the victim became frustrated and picked up the dogs, putting them in Weatherby's backyard himself.

In response, Weatherby poured a cup of coffee over the victim's head and whacked him with a tennis racquet, injuring his right forearm.

Fortunately, the coffee was warm and didn't burn the victim, but the police facts note that "at no stage did the victim give the accused permission to hit him or pour coffee on him".

The victim shoved Weatherby away in an attempt to stop the racquet assault, but Weatherby would not relent, shoving the victim against a caravan and causing injury to his left arm.

The victim then walked back towards his house, stepping on plants belonging to Weatherby in the process, exchanging further remarks.

"Just keep your dogs in your backyard," the victim said, but Weatherby hit back saying, "how bout you keep your kid in the backyard."

The situation threatened to ignite once more as Weatherby again approached the victim who snatched the racquet out of Weatherby's hands and threw it over the fence.

He then returned home and the police were called.

Attending the street a few hours later, police spoke with the victim before arresting Weatherby over the assault.

At Wagga police station, Weatherby later admitted to hitting the victim with the tennis racquet and shoving him into the caravan.

Police facts noted Weatherby was "extremely remorseful for his actions" and reflecting back he acknowledged the situation "could have been handled better".

Explaining why he hit and shoved the victim, Weatherby said he was afraid the victim would injure his elderly dog when he picked it up.

In Wagga Local Court this week, Weatherby's solicitor David Barron told the court there had been ongoing issues between the victim and his client, with the victim allegedly kicking the "younger dog" on a previous occasion.

Police facts reveal the dogs have been a repeated issue between the parties over the past three years.

Reflecting on the incident, Magistrate Rebecca Hosking said if the dogs had been restrained, the owner could have prevented them from getting anywhere near the victim in the first place.

Magistrate Hosking noted Weatherby had pleaded guilty at the earliest opportunity but said matters could have been much worse.

"You tipped a cup of coffee on the man in circumstances where you were very lucky it was not hot enough to burn," she said.

"You then hit him with a tennis racquet. This is not how people of your age should behave towards neighbours."

Weatherby was sentenced to a 12-month community corrections order, convicted, fined $550 and ordered to undergo an anger management program.

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