A Waverley man was provoked when he used his vehicle as a weapon in a hit and run incident in 2019, a Supreme Court judge found.
Shane Christopher Blair, 40, pleaded guilty recently to one count of assault by running into Barry Stewart Foon with the bullbar of his motor vehicle on Boxing Day 2019.
Justice Michael Brett said that the crime had serious aspects that could have resulted in lethal injury.
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But he said mitigating circumstances prompted him to suspend the 12-month jail term for 18 months on the condition that Blair commits no imprisonable offences. He disqualified him from driving for 18 months.
Justice Brett said Blair and Mr Foon had ongoing bad blood characterised by abusive and threatening behaviour which prompted Blair to seek a restraining order in the weeks before the incident.
He said Mr Foon was entirely responsible for the incident.
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He said Blair had been walking out of the Coles Express service station in Hoblers Bridge Road when Mr Foon drove past and began verbally abusing him from the car. "This meeting was by chance," he said.
Mr Foon reversed his car quickly and stopped in Olive Street and walked across the street and began abusing Blair who was seated in his vehicle.
He pulled the windshield off the driver's side of Mr Blair's vehicle and dumped it on the rear seat of the vehicle before walking back to his car. Bair was flustered, irritated and angered when he turned left towards the Coles Supermarket, he said.
He said Blair was flustered, irritated and angered when he turned left towards the Coles Supermarket.
"You were understandably upset," he said.
But Blair changed his mind and did a u-turn and headed back towards Mr Foon who was on a grassed area on the eastern side of Olive Stree.
"The accused drove over the kerb onto the grassed area striking Mr Foon with the bullbar," Justice Michael Brett said.
The complainant jumped to try and avoid the vehicle, the impact threw him into the air and he landed on the bonnet.Justice Michael Brett
"You drove off without stopping."
Justice Brett said he accepted that Blair initially drove towards Mr Foon with the intention of causing fear but when he got close he spontaneously and deliberately struck him with the vehicle.
Blair immediately rang police upon arriving home.
The crime was made worse by the fact it was committed in public and that he had driven off leaving the injured man on the side of the road.
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Justice Brett said that he accepted the act was out of character because Blair had no history of violent behaviour and held a responsible position of employment and was in a stable relationship.
He said that the fact that he used a motor vehicle as a weapon required a sentence of imprisonment to serve as general deterrence for the community, albeit suspended because of mitigating circumstances.
He said the disqualification from driving would be inconvenient for Blair and that is what he intended as part of the punishment.
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