Backmede father has Tamworth Hungry Jack’s common assault charge dropped in Lismore court

A dad whose child accidentally ran in front of a taxi pleaded guilty to hurling a bottle through the window of another vehicle before he was run down – but a charge has been dismissed.

A dad whose child accidentally ran in front of a taxi outside Tamworth Hungry Jack’s pleaded guilty to hurling a bottle through the window of another vehicle before he was run down.

But a magistrate has dismissed the 34-year-old Backmede man’s charge of common assault and he has not been convicted.

It came after his partner was criticised by an occupant in the car for “disciplining” the boy following his mistake.

“She gave the child a quick kick to his bottom and verbally berated him for going out in front of the taxi,” police told Lismore Local Court.

The Northern Rivers man faced the court on Monday pleading guilty to common assault. He cannot be named for legal reasons.

The man and his family were walking on Peel St to get a meal at Hungry Jacks about 7pm on January 6.

A woman and her partner were in a car parked across the road outside Dragon Palace restaurant, getting Chinese food.

The man suffered minor injuries outside the Hungry Jack’s. Picture: Richard Walker

As the father and his family approached, one of the children ran out in front of an approaching taxi, according to police facts.

The vehicle stopped and the man’s partner grabbed the boy, told him off and delivered the kick.

The woman getting Chinese food noticed and loudly exclaimed “she just kicked her child”, which was heard by the father.

He and his family ignored the comment and continued walking.

The partner of the victim said: “Get back in the car – not our circus, not our monkeys”.

About a minute later, the victim and her partner drove into the Hungry Jacks car park to park and get a drink.

The dad spotted the woman speaking to a friend on the phone and believed she was recording him on her mobile phone, court documents state.

He approached the passenger side of the car and the victim wound down the window.

The father then hurled a large metal drink container into the rear of the car, narrowly missing the woman, according to police.

She was scared by the attack and quickly wound up her window, yelling for her partner to “go”.

As he moved to exit the car park, the victim’s partner allegedly drove into the dad and forced him up onto the bonnet of the car causing minor injuries.

The dad believed the woman was filming him on her mobile phone, the court was told.

Police told the court there was insufficient evidence to proceed with criminal charges against either the woman or the man in the car.

The father admitted to officers he threw the water bottle: “I lost it”.

His solicitor, Guy Draper, told the court his client was “extremely remorseful” for his “terrible conduct”.

However, he said no one involved in the case “covered themselves with glory that day”.

He said the Backmede man had already faced “extra-curial punishment” because he was hit by the car.

Magistrate Michael Dakin said comments made about the father and his family were quite insulting and would have caused many patient people “an inflammation of emotions”.

He said there was a level of “restraint” shown, but it did not make the assault acceptable.

“He is otherwise a law-abiding citizen,” he said.

Mr Dakin dismissed the charge without proceeding to conviction.