A Mandurah man has been dealt a hefty fine after assaulting an elderly man over an inappropriate joke at a Bunbury cafe.
Timothy Stephen Smook, 53, faced Mandurah Magistrates Court on Friday, charged with one count of common assault in circumstances of aggravation or racial aggravation.
Prosecutor Senior Constable Prest told the court the 68-year-old victim was having lunch with his partner at Corners on the Bay cafe in Bunbury about 12.30pm on October 17, 2021.
Get in front of tomorrow's news for FREE
Journalism for the curious Australian across politics, business, culture and opinion.
READ NOWHis hat was on a spare chair at the table.
Smook, who had entered with a few friends, asked the victim if he could move the hat from the chair and use it, to which the victim replied no and told Smook “this hat is worth more than your wife”.
The court then heard Smook pushed the man by neck, causing him to fall off his chair and hit his left elbow.
Smook then left the premises while the victim sat back down, later heading to Bunbury police station to lodge a complaint.
Some time later, Smook handed himself into Bunbury police and made full admissions to officers.
Smook’s lawyer said while the facts were accepted, it was very much “out of character”.
“Your Honour, the accused feels very remorseful for what happened but felt it was unreasonable for the victim to deny the chair and make the comments that he did,” he said.
“Mr Smook was still in a considerable amount of pain after having surgery and dealing with back issues.”
His lawyer added Smook was struggling mentally after losing work during the pandemic and losing his older sister to COVID.
Magistrate Leanne Atkins said while she acknowledged Smook’s guilty plea and personal struggles, it was not how adults behaved.
“You are a mature man, Mr Smook, yet your response was way past that of a normal person” she said.
“I do note that you were in pain and not yourself after losing your sister, but that does not excuse your behaviour over one comment.”
Smook was fined a total of $2000, with a spent conviction order granted.