Man dragged along gravel, struck in the face
A Grafton man has been convicted in Local Court for a “distressing” assault which involved the victim being dragged along gravel.
Police & Courts
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A court has heard a “distressing” incident which saw a 69-year-old father begging his son to stop hitting him, before he was dragged along gravel.
Appearing in Grafton Local Court on Monday for sentencing, Daniel Matthew Hicks, 45, pleaded guilty and was convicted of assault occasioning actual bodily harm and damage to property following the incident with his elderly father.
According to the agreed fact sheet, the incident unfolded on the evening of November 6, 2020 a few weeks after Hicks had asked his father to move out of his Grafton property.
Hicks’ father had been living in a separate converted shed on the property for the past five years. However, when the 69-year-old refused to leave, Hicks struck his father several times in the face, stating “I want you out now.”
Hicks’ father fell to the ground, sustaining bruising and swelling to his face, a bleeding nose, swollen ear, pleading with him to stop, according to Local Court documents.
While still on the ground, Hicks then grabbed and dragged his father out the door, along the gravel, around the shed and outside of the gate. Hicks then stated “You remember when I was a kid, you smacked me, well I’m getting even now,” before locking the gate with a chain, court documents reveal.
Hicks’ father sustained a ripped shirt, swollen left hand, abrasions on his left hip, a bruise on the right side of his ribs, swelling on his left knee, scrap marks on both legs and abrasions on both of his feet.
A witness across the street contacted triple-0 and police arrived a short time later. Hicks’ father was taken to Grafton Base Hospital via ambulance where police obtained a domestic violence video recorded statement.
Hicks was later arrested over the incident and his father has since moved out.
“I understand that you invited him into your home to live, but that affords absolutely no excuse for your conduct,” Magistrate Kathy Crittenden said.
“It’s troubling that it consisted of a number of acts of violence on your behalf that would have caused physically and emotionally distressing to the victim.”
Hicks‘ defence submitted that it was highly unlikely he would reoffend due to the nature of the incident, stating that it alluded to “issues between himself and his father that became irreconcilable,” however Ms Crittenden raised some concerns about Hicks’ “long history to this kind of offending.”
Hicks was convicted and ordered to pay $400 for property damage, and complete a 12-month Community Corrections Order which includes a domestic violence education program.