Benjamin James Harrison pleads guilty to assault, wilful damage

A Gympie region man’s assault on and threats towards his 73-year-old landlord over a rental dispute has left the man ‘sleepless’ with anxiety, a court has heard.

A 42-year-old former tradie has been released on parole after assaulting his ex-landlord while the 73-year-old was driving his car, leaving the man with severe anxiety.

Benjamin James Harrison pleaded guilty to one count of assaulting a person of 60 years or more and one count of wilful damage of a car in Gympie Magistrates Court on Tuesday.

Harrison was the tenant of the victim.

The pair had a dispute during the finalisation of the lease, the court heard.

Harrison was travelling in the back seat of his partner’s car when it encountered the victim’s car travelling in the same direction at Langshaw on December 17, 2021, the court heard.

Harrison’s car overtook his victim’s before stopping in front of it.

The court heard he then got out and hit the victim’s window.

When the 73-year-old opened his door Harrison punched him in the face, the court heard.

The victim was unable to defend himself from inside the vehicle, only able to lean away from Harrison.

Magistrate Chris Callaghan said the victim told Harrison he was 73-years-old, only for Harrison to reply “I don’t give a f--- how old you are c---, I’ll kill you”.

“I know where you live, I know where your house is,” Mr Callaghan told the court.

“I know where your cattle are, I’ll get them, you b-----d.”

Gympie Magistrates Court generic.

Mr Callaghan said Harrison then lied to police, saying the victim had opened the door and he kicked it closed which “may have hit the victim” and threatened to let the victim’s cattle run free.

“There’s an imbalance of power,” Mr Callaghan said.

“You’ve taken advantage of that.”

The court was told the punches left a large bruise on the 73-year-old’s upper right cheek; he was left feeling anxious and constantly thinking about Harrison, particularly at night.

The man now drives with locked doors, checking his rear view mirrors constantly.

He even considered selling the car after it was fixed due to the anxiety, Mr Callaghan said.

The court heard the victim was constantly in fear of another encounter with Harrison as his farm was close to where Harrison lives, the court heard.

“You’ve had a great impact on this older man’s life,” Mr Callaghan said.

Harrison was sentenced to 12 months imprisonment, and released on 12 months’ parole.

He was ordered to pay $600 compensation for the car’s excess insurance costs and $1200 for the man’s anxiety.

Convictions were recorded.