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28-11-2006, 12:46 PM | #1 | ||
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Join Date: Dec 2005
Posts: 161
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A MAN who dragged a 68-year-old out of his car before repeatedly punching and kicking him in a fit of road rage has been allowed to keep driving, pending an appeal.
Mark James, 47, of Melbourne, was yesterday stripped of his licence for six months, but immediately lodged an appeal and had the licence handed back pending the County Court hearing. James also received a 50-hour community service order after claiming a wrist injury sustained before the bashing would prevent him carrying out too much physical work. Frankston Magistrates' Court heard that James lost his temper and set upon Ronald Mentiplay because he was driving too close. Mr Mentiplay – who suffers a degenerative bone disorder – was left bruised and battered after James punched and kicked him to the head and body as he lay helplessly on the road. Mr Mentiplay said in his victim impact statement tendered to the court yesterday that he believed it was imperative James attend an anger management course. James pleaded guilty to five charges including recklessly causing injury, assault by kicking and unlawful assault. He appeared in court two weeks ago and was assessed for a community based order. After viewing a doctor's certificate, magistrate Kim Parkinson queried how James could still assault Mr Mentiplay despite wrist injuries. James' lawyer, David Tonkin, said his client assaulted Mr Mentiplay in the heat of the moment. Ms Parkinson said she took into account the victim's recommendation and ordered James to complete an anger management course. She convicted James, placed him on a 12-month community based order and ordered he perform 50 hours of unpaid community work. She also cancelled James' licence for six months but granted him permission to drive pending a County Court appeal against his sentence.
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