A Wodonga father with a long-running cannabis addiction attacked a man in an Albury shopping centre because he claimed an ongoing campaign of threatened violence by the victim.
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Brendon Icely said the threats had included bashing his wife and breaking into his home to “slit my daughter’s throat”.
Icely said he was at a loss as to what he could do as the threats, mainly on social media, were relentless.
“It was all over Facebook. It would still all be there.”
Magistrate Rodney Brender told Icely, 40, that he should give this information to the police, given his assertion that he had proof of Facebook posts and the like.
“And you’re also dealing with your mental health issues and cannabis treatment?” he asked Icely, who said he was doing just that.
But Mr Brender said all this still was no excuse for what he had done, despite the level of provocation.
“You can’t have people taking the law into their own hands and assaulting people in public places,” he said.
Icely said the catalyst for the assault were threats that followed his son and his son’s girlfriend decision to bring a cat “to my house”.
The assault happened at West End Plaza in Albury on January 31.
Police said the victim and his partner went to the shopping centre about 10.30am.
He was lined-up at KFC when Icely approached him from behind and pushed him, knocking him to the ground and hurting his knee.
He turned around and tried to get up off the ground, “however, the accused has punched the victim in the face and then taken hold of him by the throat”.
Shopping centre security intervened and separated the pair. When police turned up soon after, the victim told him he had been assaulted.
As the police tried to talk to Icely, the accused’s son approached them “and became confrontational” and so they took Icely to Albury station.
“The accused stated that he had only acted after being told by his son that there had been an earlier incident at Aldi (supermarket) in Albury involving the victim.”
Icely pleaded guilty to assault, having previously been convicted in his absence.
He was fined $880 and put on a two-year bond.