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Matthew Smyth pleads guilty to assault and intimidation in Hornsby

A drunken man unleashed a horrific unprovoked attack on three of his neighbours, pushing an elderly woman in the chest at a northwest Sydney apartment block, a court has heard.

Matthew Smyth (R), with his lawyer outside Hornsby Local Court after pleading guilty to assault and intimidation charges.
Matthew Smyth (R), with his lawyer outside Hornsby Local Court after pleading guilty to assault and intimidation charges.

An intoxicated man pushed an elderly woman before placing a man in a headlock during a shocking unprovoked attack in a Hornsby unit complex.

Matthew Smyth, 44, pleaded guilty to common assault and three counts of intimidation and appeared at Hornsby Local Court on Wednesday (April 12).

Smyth sought for his offences to be dealt with under mental health legislation, but the application was ultimately unsuccessful.

Tendered police facts reveal Smyth had consumed several drinks last year on his balcony in a Hornsby unit block, where three of the victims also resided.

Two victims were unloading furniture from a truck when Smyth began abusing them without provocation at about 7pm on December 5, according to facts.

Hornsby Local Court.
Hornsby Local Court.

Police say Smyth called a victim a “fat sl*t”, before yelling threats.

“Here she f*cking is, a f*cking sl*t, I’m gonna’ punch her head in,” Smyth said, according to police.

Police say the victims were scared due to the “aggressive nature and anger in his voice” and Smyth’s “large physical size”.

Smyth continued hurling threats to his neighbours.

“I’m gonna smash you,” he said.

Police say the scared residents attempted to ignore Smyth as he continued to berate them.

Smyth then exited his unit down the stairway, as a fearful resident attempted to obstruct his path by dropping furniture in the doorway.

Matthew Smyth (Right), leaving with his lawyer (Left) outside Hornsby Local Court after pleading guilty to assault and intimidation charges.
Matthew Smyth (Right), leaving with his lawyer (Left) outside Hornsby Local Court after pleading guilty to assault and intimidation charges.

Facts state Smyth pointed his finger at a victim, threatening “I’m gonna get you,”, before repeating it to another victim, prompting them to call police in fear.

According to facts, Smyth continued yelling in rage while holding a drink.

Police facts reveal the victims were perplexed by the outburst, explaining to Smyth they were simply trying to unload furniture.

At one point Smyth pushed one of the elderly female victims to the chest, causing her to “lose footing”, before grabbing another male victim around the neck in a headlock.

Another resident grabbed Smyth and managed to push him, causing him to fall down a set of stairs.

Police arrived at the scene at 7:30pm, and say Smyth had an cut to the eye and was heavily intoxicated.

The court heard Smyth had previously served suspended jail terms.
The court heard Smyth had previously served suspended jail terms.

Magistrate Alexander Mijovich said the victims were “just trying to go through day-to-day activities”.

Mr Mijovich refused Smyth’s Section 14 application, but said he would not impose a jail term considering Smyth had previously complied with court orders.

Smyth was handed two apprehended violence orders and given a stern warning by Mr Mijovich.

“You can’t even say good morning (to the victims), even if they say it to you – you cannot respond to anything. If you breach these orders, you will have problems,” Mr Mijovich said.

Smyth was convicted and sentenced to a two year community corrections order.

He must abstain from alcohol for 12 months and attend alcohol rehabilitation treatment, with the court hearing he has already abstained from alcohol of his own volition for four months since the incident.

“It’s up to you to make decisions,” Mr Thompson said.

Original URL: https://www.dailytelegraph.com.au/newslocal/hornsby-advocate/matthew-smyth-pleads-guilty-to-assault-and-intimidation-in-hornsby/news-story/cde6a0666004583de31ff94665447bb0