Jail term for man who thought driver tried to run over son

A FATHER who assaulted another motorist because he thought the man was trying to run over his assistance dog and his son has been handed a six-month jail term.

A father who assaulted another motorist because he thought the man was trying to run over both his assistance dog and his son has been handed a six-month jail term.

A FATHER who assaulted another motorist because he thought the man was trying to run over both his assistance dog and his son has been handed a six-month jail term.

James Franklin Burton pleaded guilty to assault occasioning bodily harm and wilful damage, offences arising from an April 2018 incident.

In sentencing remarks published recently, Judge Dennis Lynch QC gave Burton to six months in jail, suspended for nine months.

The Toowoomba District Court in March heard Burton, his son, his son's friend, and his assistance dog were travelling in their car on April 25, 2018, when unbeknownst to Burton, his passengers became involved in "some byplay with the occupant of another vehicle".

Because of "what transpired" between the two vehicles, Burton followed the other motorist to where it pulled up "to find out what was going on".

With his assistance dog in tow, Burton approached the driver of the other vehicle.

"In the course of what occurred, the complainant reversed his car," Judge Lynch said.

The court heard Burton thought the motorist was trying to run over his dog, so he punched the window of the car and it smashed.

"Your son positioned himself in front of the car. The complainant drove forward, not intending to drive into your son, but you were concerned that that is what he was doing, and so you approached the driver's side and you delivered a single punch to the complainant. He suffered some bleeding on his nose, which required one stitch," Judge Lynch explained.

Acknowledging Burton's traumatic upbringing, his lengthy criminal history - "which includes many serious offences, but it must be said they were committed a very long time ago", history of drug use, mental health issues, and post-traumatic stress disorder Judge Lynch said a short period of imprisonment, wholly suspended, was appropriate.

"I appreciate your psychiatric diagnosis and the difficulties you have with controlling

anger and your reactions, and I accept that this was not a planned assault, but it really

was something that arose on the spur of the moment," he said.

For the charge of assault occasioning bodily harm, Judge Lynch sentenced Burton to six months imprisonment, suspended for nine months.

For the offence of wilful damage Burton was convicted and not further punished.

"I have no reason, Mr Burton, to think that you will be back here, but you have just got to do your best to make sure that is what happens, that you do not come back. I wish you luck," Judge Byrne said.

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