Frank Husak pleads guilty to assaulting woman at Yeppoon

A man who struck an elderly woman in the head with a bucket during an assault also used his mobility scooter to ram and injure a shopping centre security guard.

A man has faced a Yeppoon court after he assaulted an elderly woman during a communal garden dispute. Generic image.

An 85-year-old man has faced court after he struck an elderly woman in the head with a bucket during an assault and also used his mobility scooter to ram and injure a shopping centre security guard.

Frank Husak pleaded guilty in Yeppoon Magistrates Court on March 2 to assault of a person 60 or older, assault occasioning bodily harm, and two counts of unlawfully entering a business premises.

Police prosecutor Sergeant Kevin Ongheen said the first incident happened on November 7 last year and the assault victim was a 65-year-old woman who lived in the same unit complex as Husak, at Rockhampton Road, Yeppoon.

Sgt Ongheen said about 7.25am, Husak, the victim and another woman became involved in a verbal altercation over communal gardens at the complex.

Sgt Ongheen said Husak had been using a small shovel to dig into a garden, and a bucket.

The prosecutor said during the verbal altercation, Husak said words to the effect of: “You are going to get hurt. You are going to get hurt badly if you don’t go away.”

Sgt Ongheen said the victim asked Husak for the bucket, and Husak began swinging it “back and forth” towards the victim.

“The bucket struck the victim in the head,” Sgt Ongheen said.

The prosecutor said Husak struck the victim a second time with the bucket - to the forearm.

Sgt Ongheen said the victim then asked Husak to leave, and he grabbed her by the right hand and “pulled hard on her wrist causing (her) significant discomfort and pain.”

“(Husak) embraced the victim and threw her backwards, causing her to fall over.”

Sgt Ongheen said the victim was still suffering from multiple injuries including a wrist injury.

Then in a separate incident at 9.30am on February 9 this year, Husak was served with a notice banning him from Yeppoon Central Shopping Centre until the end of February, 2024.

Sgt Ongheen said the ban, which was explained to Husak, incorporated “the entirety of (Yeppoon Central Shopping Centre) property” including the car park, taxi rank and restaurants.

The next day at 2.40pm, Husak was seen operating his mobility scooter at the shopping centre.

Sgt Ongheen said while Husak was in the food court area, a security guard approached him.

The prosecutor said the security guard told Husak that he was not welcome at the shopping centre and advised him to leave.

Sgt Ongheen said Husak refused to leave and he was subsequently asked multiple times to leave.

“(Husak) refused to comply,” Sgt Ongheen said.

“(Husak) continued to move freely through the (shopping centre).

“The (security guard) stood in front of (Husak) to stop him from continuing to trespass.

“(Husak) accelerated sharply, ramming his mobility scooter into the legs of the (security guard).”

Sgt Ongheen said Husak reversed and then rammed the security guard “about three more times.”

The prosecutor said as a result of the rammings, the security guard lost skin off his shins and suffered pain and discomfort.

Police viewed CCTV footage of the incident.

The court heard Husak had no criminal history.

Solicitor Cam Schroder said Husak was born in Hungary and he lived there during World War II.

Mr Schroder said Husak came to Australia and got a job “digging holes and shovelling to make way for pipes” before getting a job as a truck driver.

“He worked very hard in Australia,” Mr Schroder said, adding that his client was now very frail, had a poor memory and “just gets by”.

In relation to the offending, Mr Schroder said his client “greatly regrets his actions”.

Before handing down penalty, Magistrate Cameron Press noted that Husak’s offending involved two events.

“You can’t afford to come back before the court again (for) assaulting people because you will end up going to jail, irrespective of your age, Sir,” Mr Press said.

Mr Press sentenced Husak to six months’ jail, immediately suspended for an operational period of one year.

Mr Press also placed Husak on probation for nine months.

Convictions were recorded.

Originally published as Frank Husak pleads guilty to assaulting woman at Yeppoon