David Eden sentenced for assaulting man with a garden hoe in San Souci

An elderly father-of-two went to aid a woman who had been hit in the face. But the initial “good intentions” turned violent when he hit a man with a garden tool.

David Eden, 69, was convicted of assaulting a man with a garden hoe after he saw the man hit a woman. Picture: Ashleigh Tullis

An elderly man who had “good intentions” to intervene in an assault of a woman ended up hitting a man with a garden hoe and knocking him unconscious onto the road.

David Tau Eden, 69, was convicted after he pleaded guilty to assault occasioning actual bodily harm and using an offensive weapon to intimidate in Sutherland Local Court on Tuesday.

Agreed facts tendered to court said on February 15 this year, Eden was sitting on his balcony at his San Souci home when he saw a man, who he did not know, punch a woman in the face with a closed fist, with his swing causing him to become unbalanced and fall to the ground.

A woman who witnessed the assault asked the woman if she needed help and said she could go to a medical practice.

The man said to the woman, “I’ll hit you next if you don’t keep walking”.

Eden left his house and picked up a garden hoe for his protection and walked towards the man.

The woman who was hit in the face tried to stop Eden from intervening, telling him “seriously it’s fine, I promise, it’s fine, please don’t”.

Eden walked towards the man who said “you wanna to f----n go there n—-” and made a threatening gesture towards him.

Eden took hold of the tool with both hands and struck the man on the neck, with the spikes narrowly missing his head.

The victim fell face first onto the road unconscious and unable to break his fall.

David Eden, 69, was supported in Sutherland Local Court by his son. Picture: Ashleigh Tullis

The female witness recorded the incident and police were called. They attended Eden’s home where he admitted to his actions.

In court, Eden’s defence lawyer Tayla Regan said her client acknowledged he should have walked away from the incident and accepted it was a serious offence.

“His intentions were good though not properly thought through,” Ms Regan said.

“There was some level of provocation when a verbal racial comment was made and Mr Eden immediately reacted.

“What he did in the moment was spontaneous and short lived.

“He accepts the way he responded was unacceptable.”

Ms Regan said Eden had trouble sleeping since the incident because he was “extremely regretful” of his actions and feared for the safety of his family should there be retaliation.

The court heard Eden was “not a well man” who had numerous health concerns and cancer.

Ms Regan said her client was on a pension and sent money to his family struggling in New Zealand.

Magistrate Phillip Stewart said he accepted Eden’s intentions were initially good when he saw the male assaulting the woman and the verbal abuse made him react.

Eden was convicted of the assault charge and ordered into a conditional release order where he must be of good behaviour for 12 months.