The 65-year-old’s car had been crashed into by Billy Bolton, who was riding a bike without headlights at night and wasn’t wearing a helmet.

He was killed at the scene and his friend, Harley Turner, took out his anger on the driver, who had been turning his Nissan Navara into his driveway.

Albury Local Court on Thursday heard Turner’s attack on the man was completely unjustified.

While officers continue to investigate the 65-year-old driver’s actions, there was nothing in the police facts to suggest he had done anything wrong during the fatal crash on July 19.

Turner, by contrast, was disqualified from driving.

Like his late friend, he wasn’t wearing a helmet and did not have any lights on his dirt bike.  

Magistrate Imad Abdul-Karim noted Turner had a “history of like offences” – he has previously been jailed for disqualified driving. 

He said the driver had no doubt been left “shocked and distressed” after the fatal crash through “no fault of his own”, and was then assaulted.

It was an unprovoked attack, Mr Abdul-Karim said.

Turner had punched the man repeatedly in the head following the crash on Lowe Street in Howlong about 8.10pm.

Turner knew straight away that Bolton was dead and could be heard shouting “you killed my mate, you killed my mate”.

The victim’s partner witnessed the assault and called the police.

Turner took the man’s utility and left the scene and again attacked him when he returned.

He punched him in the face and when he fell to the ground, he continued to hit him.

Lawyer Graham Lamond said Turner had been distressed at seeing his friend killed. 

“It's an unusual manner in many respects,” he said. 

But the magistrate said the incident didn't amount to provocation. 

“The defendant engaged in an unprovoked assault on a 65-year-old,” Mr Abdul-Karim said. 

The victim was taken to hospital in an ambulance with a large amount of swelling to his face and head. 

Turner narrowly avoided jail for the incident and must perform 350 hours of community work. 

He was banned from driving for six months.