Dayvd John Allen: Willmot man sentenced for assault, affray after sugar cane bashing

A man was sentenced in court after a dispute with his neighbour descended into a violent brawl involving a piece of sugar cane. Read what happened.

Davyd Allen outside Mount Druitt Local Court on November 2. He received a 12-month CCO after assaulting his neighbour with a sugar cane stick

A dispute between two neighbours descended into a vicious brawl, with both men bashing each other with pieces of sugar cane and ending up in hospital, a court heard.

On Wednesday Willmot man Dayvd John Allen, 55, fronted Mount Druitt Local Court after pleading guilty to affray and assault occasioning actual bodily harm.

Documents tendered to Mount Druitt Local Court reveal how Allen, who was already on a community correction order (CCO) for choking a person and causing malicious damage, found himself assaulting his 72-year-old neighbour with a piece of sugar cane.

On August 25 Allen walked outside of his apartment to collect his cat, which caused a neighbour’s dogs to start barking at him.

When his neighbour Aires Malho heard the dogs he allegedly began yelling abuse at Allen.

Davyd Allen outside Mount Druitt Local Court on November 2.

After Allen told him to “f*** off”, Malho was allegedly heard saying something along the lines of “I am going to deal with this, I have had enough,” the agreed facts state.

Police allege Malho then went back into his unit and grabbed a piece of sugar cane, which he used to hit Allen in the face, breaking his reading glasses in half.

After Allen fell on a bin, Malho allegedly continued striking him on the back with the sugar cane.

According to police, the 55-year-old then managed to grab the sugar cane from Malho and returned blows with it, leaving his neighbour lying on the ground after a few blows to the shoulder.

After a brief reprise, the two men allegedly continued on to pick up other pieces of sugar cane and swing them at each other until two neighbours intervened and Allen called the police.

Allen and Malho were both taken to hospital and charged with affray and assault.

When Allen was questioned by police, he told them: “I did it out of retaliation, what I should have done is grab the stick off him and thrown it away, I didn’t, I hit him back. That was pure anger,” court documents state.

In court, the 55-year-old told Magistrate George Breton he was guilty of retaliating but he was not the one who started the brawl.

“I was walking away and he attacked me from behind,” Allen said.

Mr Breton convicted Allen and placed him on a new 12-month CCO.

Malho’s case remains before the courts, and he has not entered pleas. He is scheduled to appear in Mount Druitt Local Court on November 16.