A man assaulted a neighbour in a drunken scuffle after a confrontation about burning loose tree cuttings.
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Anthony Boyd, 55, of Ararat, pleaded guilty to unlawful assaulting his neighbour at Horsham Magistrates' Court on Tuesday.
The court was told the victim of the assault, Boyd's neighbour, had been burning loose tree cuttings at 6pm on May 23, 2020, when he was approached by Boyd on a reserve near his property.
The neighbour was unable to identify Boyd in the dark, who was accompanied by his border collie dog.
Boyd did not respond to calls to identify himself when approaching his neighbour, and the two entered a verbal altercation in which Boyd mistakenly thought the neighbour did not have a permit for the burn off.
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Boyd approached the victim and a scuffle occurred, during which the victim got on top of Boyd and told him to leave.
The victim let go of Boyd and tripped over a pile of wood, after which Boyd pinned the victim down and punched him three times.
The court was told that the victim repeatedly yelled at Boyd to get off of him, as embers from a nearby fire were burning him.
The victim's wife, who was nearby, hit Boyd multiple times in the head with a torch while he had the victim pinned down.
Boyd got off of the victim and left for his own property, returning with a shovel and threatening the victim. He then helped the victim put out the fires, while shouting insults and threats.
Police arrived at 7pm and arrested Boyd the next day.
The victim told police Boyd had smelt of alcohol during the encounter and was carrying a can of Bundaberg in his hand when the confrontation began.
Boyd later admitted to police he had six drinks on the night of the assault, and was likely under the influence of alcohol at the time.
He also said to police "I don't know why I am being charged, I am the one who got bashed by two people."
Boyd's defence counsel said Boyd had PTSD as a result of being caught in bushfires before, and the sight of the fires had affected his thinking.
Magistrate Leitizia Torres said despite Boyd's conditions, his actions were not acceptable.
"Even with your PTSD you should have called upon the authorities to assist in the situation, not try and take things into your own hands," Ms Torres said.
The hearing was adjourned until a later date, with Boyd awaiting sentencing.
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