Peregian Springs father fined for assault after playground fight

A Sunshine Coast dad has been fined after an attempt to confront his son’s playground tormentors ended up in an altercation with an 11-year-old child.

James Andrew Garratt outside Noosa Magistrates Court.

A Peregian Springs father has pleaded guilty to assaulting an 11-year-old boy after the child got into an altercation with his son at the local skate park.

James Andrew Garratt, 40, plead guilty at the Noosa Magistrates Court to one count of common assault after he went to the local park where his son had been playing, as his child allegedly came home with a ripped shirt and bruising.

Police prosecutor Sergeant Allison Johnstone said police attended the scene of an alleged assault on a child by Garratt on Thursday March 23, 2023 after he had confronted a child who he said had stolen from and assaulted his son.

“The victim child said he was playing in the skate park when he took another child’s drink,” she said.

“He opened it and drank some of it without that child’s permission.

“The child spilt the drink over him for taking it which led to an altercation.

“The children (at the park) also took (Garratt’s child’s) bike and were riding it around and not returning it when asked.”

Ms Johnstone said police were told the boy left and his father, Garratt, later returned, grabbed the victim by the shirt and pushed him up against a concrete wall.

“Then verbally abused him,” she said,

Ms Johnstone said Garratt had told police he had only intended to give the children “a scare” and a talking to.

“However, when he confronted them, one of the kids said ‘what are you going to do then?’ which caused him to become angry,” she said.

“The defendant was remorseful, he was apologetic for his actions and asked if he could speak with the parents and child to apologise for his actions.”

Ms Johnstone said Garratt had no criminal history and the child had sustained no injuries.

Defence lawyer Steven Brough said Garratt’s child was painfully shy and his parents had been trying to encourage him to go out more when he left for the park.

“His child has come back with a ripped shirt and bruising,” he said.

“He should have of course not gone there and allowed the police to deal with it.”

Magistrate Chris Callaghan said he had taken into account Garratt’s plea of guilty, good history and that he spared the children from having to give evidence in a trial.

“This seems to be an aberration on your part but what you did was just wrong on so many levels,” he said.

“It’s a vigilante type of thing and it has got to be discouraged, we can’t let citizens take the law into their own hands because things go completely pear shaped when that happens.”

Mr Callaghan said he had also factored in that there was some provocation.

“In that your own son was affected by the interaction with this kid,” he said.

“But you can’t go around to frighten these kids, you can’t do that, as that’s an assault in itself whether you touch them or not.”

Mr Callaghan fined Garrett $800 and did not record a conviction.