Roberto Gutierrez-Duran, 33: Crows Nest dad convicted for punching driver for stopping on a pedestrian crossing

An angry dad, on a walk with his little girl and their dog, ended up punching a BMW driver in the head because he had blocked their way on a pedestrian crossing.

Roberto Gutierrez-Duran (left), 33, a design consultant of Crows Nest, outside Manly Local Court on Wednesday where he was convicted of assault occasioning actual bodily harm for punching a BMW driver twice in the head for blocking a pedestrian crossing while he was trying to cross with his six-year-old daughter and a pet dog. Picture: Manly Daily

An angry dad, out walking with his six-year-old daughter and their pet dog on a Sunday afternoon, twice punched the driver of a BMW in the head for stopping on a Sydney pedestrian crossing.

The blows from Roberto Gutierrez-Duran, 33, incensed that he could not get round the car at traffic lights in Crows Nest, left the victim with concussion and a bloody nose.

“I got really irritated”, the retail industry design consultant of Crows Nest, told police after the attack on the corner of Falcon and West streets on August 20.

Roberto Gutierrez-Duran 33, of Crows Nest, outside Manly Local Court on Wednesday where he was fined $1200 for assault occasioning actual bodily harm. Picture: Manly Daily

Gutierrez-Duran pleaded guilty to one count of assault occasioning actual bodily harm in Manly Local Court for punching Zhouyuan Zhang in the nose and temple while the driver was sitting behind the wheel of his car.

The court heard that the accused’s little girl was standing by his side, with the dog, and burst into tears while her father was hitting Mr Zhang.

Magistrate Robyn Denes told Gutierrez-Duran on Wednesday that he should have walked away after the two men got into a verbal argument when the BMW was stopped on the crossing while waiting to make a right hand turn into West St.

Roberto Gutierrez-Duran said he “got really irritated” when a BMW blocked a pedestrian crossing on the Lower North Shore while he was trying to cross with his six-year-old daughter and a pet dog. Picture: Manly Daily

In a facts sheet tendered to court police stated that Mr Zhang was trying to reverse his car back from the crossing as Gutierrez-Duran yelled at him move the car so he and his daughter could pass.

Mr Zhang beeped his horn at the accused.

“The victim was in a vulnerable position, he couldn’t get away from you,” Ms Denes said.

“Guess what? Stuff happens,” she told Gutierrez-Duran.

“Everyone is selfish at the moment.

“We need to stop and take a breath and not react.

“There’s too much violence.”

The intersection of Falcon and West streets at Crows Nest. Picture: Google Maps

Gutierrez-Duran’s solicitor Kruz Cupitt said his client was under stress at the time of the offence with his wife going through a difficult pregnancy and trying to cope with the recent death of his father in Mexico.

Mr Cupitt said Gutierrez-Duran’s action were “out of character” and that he apologised to Mr Zhang soon after the incident.

The victim was taken to Royal North Shore Hospital by ambulance here he was treated for concussion and the injured nose.

Gutierrez-Duran was convicted and fined $1200.