Man avoids jail after drunken assault on neighbours
A MAN has avoided spending time behind bars for a drunken assault on his neighbours.
Michael James Davies, 29, pleaded guilty to one count of common assault and assault occasioning bodily harm in Bundaberg Magistrates Court on Friday.
Police prosecutor Sergeant Grant Klaassen told the court that at 7.15pm on September 7 police were called to a disturbance in Moore Park Beach.
Sgt Klaassen said one of the victims was in the garage of his sister and brother-in-law's house when they heard a male yelling in the street.
Davies walked up the driveway of the home and stood beside the male victim and his brother-in-law.
The man told police they could tell Davies was heavily intoxicated and they could not understand what he was saying.
Tensions then escalated with Davies saying something about his dog being attacked.
Davies then swung his right arm and hit the male victim in the right side of the face, causing a laceration to his lip.
During this time the woman took out her phone and began filming the incident.
Davies then pushed the woman, who was six months pregnant at the time, causing her to fall back and hit a boat.
Sgt Klaassen told the court Davies did not have much memory of what happened when he spoke with police.
Davies' lawyer Rian Dwyer told the court his client had turned to alcohol to deal with PTSD.
Mr Dwyer told the court Davies was "not proud" and "disgusted" about what he did.
He said Davies was also diagnosed with a brain tumour two years ago but it was too risky to operate because of where it was located.
Magistrate Andrew Moloney took into account Davies' plea of guilty and the fact he was intoxicated at the time.
Mr Moloney said he could see the disgust in Davies' face when the facts were read to the court.
"As much as I sympathise with you, you just have to stop," he said.
"I seriously thought about putting you in prison today."
Davies was sentenced to three months imprisonment suspended for 18 months.
He was also sentenced to two years of probation for the assault occasioning bodily harm charge.