Dean Victor Gale: Trangie farmer punches nephew in the mouth after ‘drunken prank’
A Trangie uncle who punched his nephew in the mouth over what was described as a ‘drunken prank’ has learnt his fate in court. Here’s how it unfolded.
Dubbo News
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A Trangie farmer involved in a “drunken prank” has escaped conviction after punching his nephew in the face, a court has heard.
Dean Gale, 43, appeared in Narromine Local Court on Tuesday, supported by his father and sister, as he pleaded guilty to assault occasioning actual bodily harm.
According to agreed facts tendered to court, Gale was drinking with his victim and other family members at the Imperial Hotel in Trangie about 8.30pm on October 20.
Just before midnight, Gale called his sister telling her he had damaged one of his rims after air was let out of his tyres while parked at the hotel.
An enraged Gale said her son – the victim – was responsible for the incident and he would return to the hotel to find him.
Gale’s sister called a witness who was with the victim, saying she would pick them up.
The witness noticed the victim speaking on the phone and asked him who he had been speaking with, to which he responded, “it was Dean and he’s going off”.
A short time later, the witness saw Gale walking towards the victim, and then punching him in the mouth, causing him to fall to the ground. The victim’s mouth “immediately started to bleed”, agreed facts reveal.
As Gale walked away, the witness helped the victim into his mum’s car, before a member of the public called the police.
When police arrived, Gale’s sister told officers “Dean punched him in the face” and an emotional witness was shocked and upset because “I saw my uncle punch my brother”.
The next day, police visited the victim’s house, and although he “did not have a good memory of the assault”, he provided officers with a version of events.
“Police observed the victim to have several lacerations to the inside of his lip, as well as bruising to his gums and inner lip,” agreed facts state.
After being unable to locate Gale at his house, police spoke with him on the phone, where he told officers he was “out of town” and would be returning the next day.
He presented himself to Narromine police station in the afternoon of October 23, where he was cautioned, arrested and taken into custody.
On Tuesday, Gale’s lawyer Rachel Waugh spoke on the “unfortunate circumstances” which brought her client before the court for the first time.
She told the court Gale was “someone of prior good character” and was appealing for a conditional release order without conviction.
Ms Waugh said the 43-year-old father of two was “someone who is very active in the local community”.
In addressing the assault, Ms Waugh said the flat tyres “sparked an emotional reaction” out of Gale, but he accepted he “acted out of character”.
“Since the incident … [Gale] continues to have a good relationship with the complainant,” Ms Waugh said. “They’re from a small, close family.”
In sentencing Gale, Magistrate Stephen Barlow detailed the assault as a “big mistake”.
“You lived a blame free life … those references speak very highly of you,” Magistrate Barlow said.
“On this night you were the victim of what seems to be a drunken prank by your nephew … to some extent some sort of provocation [was involved] … but you still did lose [your temper].
“You clocked him in the mouth, you’re a pretty sizeable lad, you’re lucky no damage was done.”
Magistrate Barlow accepted Ms Waugh’s submissions, saying “we make mistakes from time to time”.
“You’ve demonstrated remorse … I think it’s highly unlikely you will commit another offence,” Magistrate Barlow said.
“Your good character extends for more than 40 years so in my view [it] warrants some leniency.”
Ultimately, Gale was placed on a 12 month conditional release order without conviction.