Court heard motorcyclist attacked over ‘intolerable’ noise
Anger over a noisy bike and an "excessive" response to a perceived threat landed a Suffolk Park man in trouble with the law.
Leon Geoffrey Murray, 41, faced Byron Bay Local Court on Monday to be sentenced for a charge of assault occasioning actual bodily harm.
The court heard Murray took issue with another man's loud revving of a motorbike at the Shell service station in Suffolk Park on the afternoon of July 26 last year.
The court heard he verbally conftonted the man before punching him twice.
The motorcyclist suffered a cut lip, sore jaw, chipped teeth and soreness to his spine.
In court, Murray's solicitor Tom Ivey said it was a "fairly unusual" incident.
"He was not looking for any type of conflict that day," Mr Ivey said.
"He (was) dressed in a towel … coming back from the beach."
He said CCTV showed the victim approach his client in what he claims was an aggressive manner "prior to his physical involvement".
Mr Ivey argued there was initially an element of self-defence to Murray's actions, but conceded his response was "excessive".
"He accepts the second strike was unnecessary and gratuitous," he said.
On his version, Murray approached the other man who was "revving" his motorbike and said something to the effect of: "society would be intolerable if everyone drove a vehicle that was that loud", Mr Ivey said.
The court heard Murray had a previous similar incident on his record, also sparked by "a sense of moral outrage".
Mr Ivey said his client had been getting help to temper this response to difficult situations.
Magistrate Karen Stafford took into account that Murray instigated the dispute, but also that the victim may have behaved threateningly toward him.
"My assessment, though, is that your response was disproportionate and then the second punch was certainly not in self defence, it was done in anger," she said.
She said Murray had an "appalling record for violence" including time behind bars.
But she accepted Murray's treatment was going well.
She sentenced him to a 12 month intensive corrections order.