Eagleby aged care resident James Nelson, 74, sentenced for second serious assault of person over 60

A 74-year-old former tradie faces expulsion from his aged care facility after bashing a man with a glass while armed with a dart. It followed a recent headbutt assault over a game of pool.

A 74-year-old former tradie who previously headbutted a fellow aged care resident in a games room, has been handed a criminal conviction for seriously assaulting another man with a glass while brandishing a dart.

Appearing at Beenleigh Magistrates Court on Thursday (June 30) Eagleby aged care resident James Nelson admitted he had one “strike” left before he was booted from his secure live-in facility.

The former bricklayer pleaded guilty to a single charge of serious assault of a person over 60 years of age.

The court was shown video of Nelson’s “protracted” bashing of a 74-year-old man on March 2 that left the victim with deep bruising and ongoing trauma that has extended to his wife.

Over the course of about five minutes an irate and “very aggressive” Nelson could be seen leaning over his seated victim before striking the man with a glass, slapping him and threatening him with a dart.

Police prosecutor Sergeant Karine Evans noted the blow with the glass only nearly missed the victim’s eye.

Eagleby aged care resident James Nelson, 74, leaves Beenleigh Magistrates Court after pleading guilty to his second offence of seriously assaulting a person over 60 years of age. Picture: Marcel Baum.

The man suffered deep bruising and was left trembling from extreme fear, the court heard.

A victim impact statement noted the victim suffered ongoing poor sleep, feared further assaults from the defendant, and stated his wife was left similarly traumatised.

Nelson’s offending was aggravated for occurring after he headbutted another man in the same games room last year.

In that incident he objected to the victim wanting to play pool.

Sgt Evans said it was made worse still for Nelson having shown “no remorse”.

The court heard Nelson at first denied the assault and after being shown the video told officers there was nothing wrong with what he did.

The prosecution urged a prison sentence and $1,500 in compensation to the victim.

Defence solicitor Sharan Kang said her client had completed six counselling sessions on his own initiative in the aftermath.

The defence noted Nelson had gained insight into his offending, acknowledged he had anger management issues and confirmed a diagnosis of bipolar syndrome.

Letters tendered from a doctor and psychologist stated the defendant posed little risk of reoffending.

The court heard due to the facility’s “three strikes” policy, Nelson faced expulsion with further violence and was banned from the games room.

Acting magistrate Mark Howden said there was “no excuse” for the protracted assault which sparked from an argument over “Christmas funding”.

Nelson was sentenced to 18 months’ probation with a conviction recorded.